Disposed

Sri Krishnappa v. the Divisional Controller

Karnataka HC8 Dec 2023WP/15417/2018

Case brief

AI extract

What is this about?

The High Court of Karnataka disposed of Writ Petition No.15417 of 2018 directed against a service award of the respondent. A joint settlement memo agreed to modify the award to reinstate the petitioner for terminal benefits only without back wages. The Court approved the settlement and modified the impugned award accordingly, directing implementation and furnishing of documents.

What did the court decide?

Modified the impugned award dated 04.11.2017 to reinstate the petitioner for terminal benefits only without back wages as per the joint settlement. Directing the petitioner to furnish documents and th

Sri Krishnappa Vs the Divisional Controller — Pension and Retirement Benefits | Karnataka HC (2023)

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NC: 2023:KHC:44652 WP No. 15417 of 2018

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8^TH DAY OF DECEMBER, 2023

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BEFORE

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THE HON'BLE MS. JUSTICE JYOTI MULIMANI

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WRIT PETITION NO.15417 OF 2018 (L-KSRTC)

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BETWEEN:

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SRI. KRISHNAPPA AGED ABOUT 50 YEARS, S/O AVALAPPA, R/O SUBBARAYANAHALLI VILLAGE, KANAGANAHALLI POST, CHIKKABALLAPURA TALUK AND DISTRICT.

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…PETITIONER

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(BY SRI.NAVEEN KUMAR, ADVOCATE FOR SRI. MUKKANNAPPA S.B., ADVOCATE)

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AND:

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THE DIVISIONAL CONTROLLER, KSRTC,

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Digitally signed by THEJASKUMAR N Location: HIGH COURT OF KARNATAKA

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CHIKKABALLAPURA DIVISION, CHIKKABALLAPURA - 587 001.

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(BY SMT.H.R.RENUKA., ADVOCATE)

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…RESPONDENT

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS.

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THIS WRIT PETITION IS COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

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NC: 2023:KHC:44652 WP No. 15417 of 2018

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ORDER

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Sri.Naveen Kumar., learned counsel on behalf of

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Sri.S.B.Mukkannappa., for the petitioner and Smt.H.R.Renuka., learned counsel for the respondent have appeared in person.

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Learned counsel jointly submits that a joint memo

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of settlement is filed and the same may be placed on record and the Writ Petition may be disposed of in terms of the joint memo of settlement.

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Submission is noted. Joint memo of settlement is placed on record. It reads as under:

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"JOINT MEMO

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The parties to the proceedings have agreed to

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settle the case, hence the award dated 4.12.2017 in

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I.D.No.1/2016 may kindly be modified as under:

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The petitioner to be reinstated into service with

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continuity of service for purpose of terminal benefits only.

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The petitioner is not entitled for backwages and consequential benefits from the date of dismissal till

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3 - NC: 2023:KHC:44652 WP No. 15417 of 2018

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the date on which he reports to duty pursuant to this settlement.

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This settlement to be treated as not a precedent in other cases."

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Sri.Krishnappa - the petitioner is present before the Court and he has been duly identified by his counsel Sri.Naveen Kumar.

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When queried by this Court, Sri.Krishnappa - the petitioner submits that he has understood the contents of the joint memo and has agreed for the settlement.

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Taking note of the joint memo, the award dated:04.11.2017 passed by the Prl. District Judge, Chickballapur in I.D.No.1/2016 is modified in terms of the joint memo of settlement.

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The petitioner is hereby directed to furnish all the necessary documents including Medical Fitness Certificate before the Divisional Controller, Chikkaballapura Division within two weeks from the date of receipt of the certified copy of this

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NC: 2023:KHC:44652 WP No. 15417 of 2018

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order. If the documents are furnished by the petitioner, the Corporation shall implement the award within two weeks thereafter.

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As a result, the Writ Petition is disposed of .

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Sd/JUDGE

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TKN,MRP List No.: 1 Sl No.: 17

Sri Krishnappa v. the Divisional Controller

Case brief

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Sri Krishnappa v. the Divisional Controller

Case brief

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