Allowed

Shri. Andanappa Naragund S/O Mallappa Naragund v. the State of Karnataka

Karnataka HC22 Sept 2023WP/103407/2023

Case brief

AI extract

What is this about?

A writ petition filed by a retired lecturer seeking addition of his contractual service period from 1985 to 1990 to his regular service for pension benefits. The High Court set aside the Administrative Tribunal's dismissal based on delay, relying on the Apex Court view that pension claims are continuing causes of action, and directed authorities to process the claim within two months.

What did the court decide?

Impugned order of KSAT set aside; application allowed; respondents directed to consider petitioner's claim regarding addition of contract period for pension within two months.

Shri. Andanappa Naragund S/O Mallappa… — Pension and Retirement Benefits | Karnataka HC (2023)

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1 - NC: 2023:KHC-D:11091-DB WP No. 103407 of 2023

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 22^ND DAY OF SEPTEMBER, 2023

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PRESENT

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THE HON'BLE MR JUSTICE S.R. KRISHNA KUMAR

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AND

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THE HON'BLE MR JUSTICE G BASAVARAJA WRIT PETITION NO. 103407 OF 2023 (S-KAT)

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BETWEEN:

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SHRI ANDANAPPA NARAGUND S/O. MALLAPPA NARAGUND, AGE:67 YEARS, OCC: RETIRED LECTURER, R/O: PLOT NO 16 BENDIGERI COLONY, 2ND CROSS, VIDYAGIRI, BAGALKOTE 587102.

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…PETITIONER (BY SRI S.A. SONDUR AND SRI K.L.PATIL, ADVOCATES)

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AND:

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ROHAN HADIMANI T

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Digitally signed by ROHAN HADIMANI T Date: 2023.09.29 11:12:52 +0530

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THE STATE OF KARNATAKA, REPRESENTED BY HIS SECRETARY, DEPARTMENT OF EDUCATION, MS BUILDING, BENGALURU 560001.

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THE DIRECTOR, PRE-UNIVERSITY EDUCATION 18TH CROSS, MALLESHWARAM, BENGALURU 560028.

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THE ACCOUNTANT GENERAL (A AND E) KARNATAKA PARK HOUSE ROAD BENGALURU 560003.

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…RESPONDENTS

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(BY SRI G.K. HIREGOUDAR, GOVERNMENT ADVOCATE FOR RESPONDENT NO. 1 TO 3)

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2 - NC: 2023:KHC-D:11091-DB WP No. 103407 of 2023

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THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, ALLOW THIS WRIT PETITION AND QUASH THE IMPUGNED ORDER DATED. 07/06/2022 PASSED IN APPLICATION NO. 5825/2017 PASSED BY KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, BELAGAVI I.E. ANNEXURE-B. AND ALLOW THE APPLICATION FILED BY THE PETITIONER WHEREBY ISSUING WRIT OF MANDAMUS OR ORDER OR DIRECTION DIRECTING THE RESPONDENTS TO ADD AND COUNT THE CONTRACT PERIOD FROM 19/07/1985 TO 12/01/1990 TO THE APPLICANTS REGULAR SERVICE FOR FIXING HIS PENSION AND PENSIONER BENEFITS, IN THE INTEREST OF JUSTICE AND EQUITY.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, KRISHNA KUMAR, J., MADE THE FOLLOWING:

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ORDER

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This petition is directed against the impugned order dated 07.06.2022 passed in Application No.5825/2017 passed by the Karnataka State Administrative Tribunal, Belagavi (for short, ‘the KSAT’), whereby the application filed by the petitioner was dismissed by the KSAT.

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The material on record discloses that the petitioner was appointed as Lecturer on contract basis in the year 1985 and was made permanent in 1990, subsequent to which, he attained superannuation and retired on 30.06.2016 from service. On 13.10.2016, the petitioner submitted a representation to the 2^nd respondent requesting him to add

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- 3 - NC: 2023:KHC-D:11091-DB WP No. 103407 of 2023

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and count his service during the contractual period from 1985 to 1990 to the regular period of service from 1990 onwards and fix his pension accordingly. In pursuance of the same, the Deputy Director of Pre-University Education recommended counting of his contract period i.e., from 19.07.1985 to 12.01.1990 since the petitioner was working as contract Teacher during that period. Accordingly, the petitioner approached the KSAT and sought for a direction to the respondents to add and count the contract period from 19.07.1985 to 12.01.1990 to his regular service and to fix his pension and pensionary benefits. In the said application, the petitioner contended that under identical circumstances, the respondents had added and counted the contractual period relating to one Yallappa Hanumappa Hosamane and granted him benefits by fixing his pension on 13.03.2017. It was also contended that on 20.04.2017, respondent No.2 addressed a communication to the Secretary requesting him to consider the claim of the petitioner with regard to counting and adding of his contractual period referred to supra . It was the grievance of the petitioner that despite the

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aforesaid facts and circumstances, the contractual period between 19.07.1985 to 12.01.1990 was not granted and added and as such the petitioner approached the KSAT with the instant application.

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It was further contended that as per the existing/relevant rules as well as the State Government notification dated 19.02.1991, the petitioner was entitled to adding and counting his services during contract period for the purpose of computing pensionary benefits. The said application having been opposed by the respondent-State, the KSAT proceeded to pass the impugned order dismissing the application only on the ground of delay and laches since the petitioner had sought for the said benefits after a long lapse of time. Aggrieved by the impugned order passed by the KSAT, the petitioner is before this Court by way of the present petition.

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A perusal of the material on record including the impugned order will indicate that the sole ground on which the KSAT has refused indulgence in favour of the petitioner is that the application filed by the petitioner cannot be

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5 - NC: 2023:KHC-D:11091-DB WP No. 103407 of 2023

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entertained on account of delay and laches. The said finding recorded by the KSAT is contrary to the Judgment of the Hon’ble Apex Court in the case of Shri M.L.Patil (Dead) Through LRs vs. The State of Goa and Another , reported in 2022 LiveLaw (SC) 537 , wherein Hon’ble Apex Court has held that the pension is a continuing cause of action and delay and laches cannot be made bases to deprive/deny pensionary benefits in favour of the Government Servant. In the instant case, the right of the petitioner to claim pension arose only on 30.06.2016, after he retired from the service the instant application being filed within a period of 16 months from that day cannot be treated or construed having been barred by delay and laches as wrongly held by the KSAT.

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Under these circumstances, we deem it just and appropriate to set aside the impugned order and allow the application filed by the petitioner and issue necessary directions to the respondents to consider the claim of the petitioner within a stipulated time frame. In the result, we pass the following :

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6 - NC: 2023:KHC-D:11091-DB WP No. 103407 of 2023

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O R D E R

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(i) Petition is allowed.

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(ii) The impugned order dated 07.06.2022 passed in Application No.5827/2017 by the Karnataka State Administrative Tribunal, Belagavi is hereby set aside.

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(iii) The application filed by the petitioner before the Karnataka State Administrative Tribunal, Belagavi stands allowed by directing the respondents to consider the claim of petitioner for adding and counting of his contract period from 19.07.1985 to 12.01.1990 to his regular service for the purpose of fixing his pensionary benefits and take appropriate decision/pass appropriate orders in accordance with law within a period of two months from the date of receipt of a copy of this order.

Sd/JUDGE

Sd/JUDGE

CKK

LIST NO.: 1 SL NO.: 41

Shri. Andanappa Naragund S/O Mallappa Naragund v. the State of Karnataka

Case brief

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Shri. Andanappa Naragund S/O Mallappa Naragund v. the State of Karnataka

Case brief

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