The High Court of Karnataka dismissed a writ appeal with merit against an order negativing a petition for fixation and payment of pensionary benefits. The Court held that the appellant was a retired industrial employee, not a government servant.
The writ appeal was rejected in limine as devoid of merits.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2023:KHC:36244-DB WA No. 627 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF OCTOBER, 2023
PRESENT
THE HON'BLE MR PRASANNA B. VARALE, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE KRISHNA S DIXIT
WRIT APPEAL NO. 627 OF 2023 (S-RES)
BETWEEN:
H PUTTAIAH S/O LATE H.P. HONNAIAH, AGED ABOUT 85 YEARS, R/A 3390/B, 5TH MAIN, 2ND CROSS, HAMPI NAGARA (REMCO EXTENSION) BANGALORE – 560 104.
…APPELLANT
(BY SRI. YOGESH V KOTEMATH., ADVOCATE FOR SRI. VIRUPAKSHAIAH P H.,ADVOCATE)
AND:
Digitally signed by SHARADA VANI B
Location: HIGH COURT OF KARNATAKA
…RESPONDENTS (BY MS. NILOUFER AKBAR., AGA FOR R1)
NC: 2023:KHC:36244-DB WA No. 627 of 2023
THIS WRIT APPEAL FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO I)SET ASIDE THE ORDER DATED 11/10/2022 IN WP NO.57259/2018 PASSED BY THE LEARNED SINGLE JUDGE BY ALLOWING THE WRIT PETITION DIRECTING THE RESPONDENT AUTHORITIES FOR GRANT OF PENSIONARY BENEFITS IN FAVOUR OF THE APPELLANT HEREIN AND II)PASS SUCH OTHER ORDER OR ORDERS.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, CHIEF JUSTICE DELIVERED THE FOLLOWING:
JUDGMENT
This intra - Court appeal seeks to lay a challenge to
the learned Single Judge’s order dated 11.10.2022 whereby, the case in W.P No.57259/2018 (S-RES) filed by the appellant herein and others has been negatived. In the said writ petition, a direction was sought for at the hands of the Writ Court for fixation and payment of pension.
GEF were transferred to KAVIKA in July 1976. The petitioners without any objection or without any demur accepted the same and became the employees of the 2nd respondentKAVIKA. The employees of the 2nd respondent-KAVIKA were extended the benefit of the 1952 Act and all other benefits available to the employees of a factory. On retirement, the petitioners accepted the monetary benefits, such as provident fund, bonus, gratuity, leave encashment etc., The petitioners had retired from the services of the 2nd respondent-KAVIKA more than two decades ago. No material is placed on record to establish that the petitioners are government servants holding civil posts. The petitioners are retired employees of the 2nd respondent-KAVIKA and they are not the retired employees of Government of Karnataka to claim pension and pensionary benefits under the provisions of the KCSRS”
“....In the instant case, the petitioners were governed by their own Certified Standing Order, which is placed on record as Annexure-A to the writ petition. Endorsement Annexure-D) dated 29.07.2015 makes it clear that the petitioners have not placed on record any material to establish that the retired employees of GEF were entitled for pension, before their transfer to the 2nd respondentKAVIKA. The provisions of KCSRs would be
applicable to government servants and not to employees of any company. In the instant case, it is not shown or established that the 2nd respondent-KAVIKA had adopted KCSRS and the employees of 2nd respondent were governed by KCSRS. Moreover, the petitioners themselves have placed on record the Certified Standing Order (Annexure-A), which establishes that the employees of the 2nd respondent were governed by the Certified Standing Order of 2nd respondent-KAVIKA.”
In the above circumstances, this writ appeal being
devoid of merits is liable to be and accordingly, rejected in limine.
Sd/CHIEF JUSTICE
Sd/JUDGE
Snb/
List No.: 1 Sl No.: 34
1 issue framed by the court
Whether a retired employee of Karnataka Vidyut Karakhan Limited is entitled to claim pensionary benefits under the state civil service rules.
1 provisions across 1 enactments
H Puttaiyah
State of Karnataka
Karnataka Vidyut Karakhan Limited
Prasanna B. Varale
Krishna S Dixit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
