Retired K.S.R.T.C. employees challenged Circular No. 09/2007 and representations regarding 5th Pay Commission benefits. The Court held that upon superannuation, benefits accrue based on salary at that date and subsequent revisions require specific provisions. The petitions were dismissed.
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.
WP No. 21046 of 2009 C/W WP No. 13414 of 2008 WP No. 22225 of 2009
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JANUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 21046 OF 2009 (S-KSRTC) C/W WRIT PETITION NO. 13414 OF 2008 (S-KSRTC) WRIT PETITION NO. 22225 OF 2009 (S-KSRTC)
IN W.P.NO.21046/2009
BETWEEN:
“HAMSAVAHINI”
15TH CROSS, ANJANEYA BADAVANE DAVANGERE-577004
Digitally signed by POORNIMA SHIVANNA Location: HIGH COURT OF KARNATAKA
WP No. 21046 of 2009 C/W WP No. 13414 of 2008 WP No. 22225 of 2009
ALL ARE R/A 2ND CROSS, RAMAPPA BUILDING CHIKKABEGURU GATE BANGALORE-560068.
S/O.LATE S P NENURAJAIAH AGED ABOUT 61 YEARS “SRI PADMAMBHA NILAYA” LIG 2,18 2ND PHASE, 3RD CROSS GOPALA, SHIMOGA 577201
WP No. 21046 of 2009 C/W WP No. 13414 of 2008 WP No. 22225 of 2009
…PETITIONERS
(BY SRI. M C BASAVARAJU., ADVOCATE)
AND:
WP No. 21046 of 2009 C/W WP No. 13414 of 2008 WP No. 22225 of 2009
DAVANAGERE DIVISION DAVANAGERE-577002.
…RESPONDENT
(BY SMT. H.R. RENUKA, ADVOCATE FOR R2 & R3;
SRI. BHOJEGOWDA T. KOLLER, AGA FOR R1)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF WRIT CERTIORARI BY QUASHING THE IMPUGNED CIRCULAR NO. 09/2007 VIDE ORDER BEARING NO.KARASA\KEKA\LEPA\VETHANA\1844\07-08 DATED 11\07\2007 VIDE ANNEXURE-C TO THIS WRIT PETITION ISSUED BY THE 2ND RESPONDENT IS SO FAR AS THE PETITIONERS ARE CONCERNED AND ETC.
IN W.P.NO.13414/2008 BETWEEN:
NARYANAPPA S/O. LATE NARASIMHAIAH AGED ABOUT 59 YEARS R/AT NO.1029, 9TH CROSS WEST OF CHORD ROAD, 2ND STAGE MAHALAKSHMIPURAM, BANGALORE - 560086.
(BY SRI: M C BASAVARAJU, ADVOCATE)
AND:
...PETITIONER
WP No. 21046 of 2009 C/W WP No. 13414 of 2008 WP No. 22225 of 2009
SHANTHI NAGAR
BANGALORE - 560027.
3 . THE CHIEF TRAFFIC MANAGER B M T C CENTRAL OFFICES K H ROAD SHANTHI NAGAR BANGALORE - 560027
...RESPONDENTS
(BY SMT. H R RENUKA, ADVOCATE FOR R2 & R3; SRI. BHOJEGOWDA T. KOLLER, AGA FOR R1)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTUION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF WRIT CERTIORARI BY QUASHING IMPUGNED CIRCULAR NO. KARASA\KEKE\LEPA\VETHANA\1844\07-08 DATED 11.7.2007 VIDE ANNEXURE-C AND THE ENDORSEMENT BEARING NO. BEMASASAM\KEKA\LEPA\VETHANA/540/2008-09 DATED 21.5.2008 VIDE ANNEXURE-E TO THIS WRIT PETITION ISSUED BY THE 2ND RESPONDENT IN SO FAR AS THE PETITIONER IS CONCERNED.
IN W.P.NO.22225/2009 BETWEEN:
AGED ABOUT 60 YEARS R/A NO 271/13,10TH CROSS,
N R COLONY, BANGALORE-19
AG'S ROAD, SUBRAMANYAPURA POST AREHALLI, BANGALORE-61
WP No. 21046 of 2009 C/W WP No. 13414 of 2008 WP No. 22225 of 2009
R/A NO.31,1ST MAIN VIVEKANANDA NAGAR, BSK 3RD STAGE, BANGALORE-85
4 . D NARAYANA RAO
S/O LATE DURGOJI RAO AGED ABOUT 59 YEARS R/A NO.49,6TH A CROSS KANAKA NAGAR, HULLURAPPA LAYOUT V NAGENAHALLI, R.T.NAGAR POST BANGALORE-32
5 . S A SRINIVASA MURTHY S/O LATE B ANANTHA AITHAL AGED ABOUT 60 YEARS R/A NO.13/37,2ND CROSS MALLESHWARAM, BANGALORE-03
6 . G S VIJAYA W/O A SHAMARAO AGED ABOUT 60 YEARS R/A NO.30,7TH MAIN K S R T C LAYOUT J P NAGAR, 2ND PHASE BANGALORE-78
S/O LATE HANUMANTHAPPA AGED ABOUT 60 YEARS NO.46, 1ST FLOOR, OLD POST OFFICE ROAD, 7TH BLOCK, JAYANAGAR BANGALORE-82
...PETITIONERS
(BY SRI. M C BASAVARAJU, ADVOCATE)
WP No. 21046 of 2009 C/W WP No. 13414 of 2008 WP No. 22225 of 2009
AND
WP No. 21046 of 2009 C/W WP No. 13414 of 2008 WP No. 22225 of 2009
...RESPONDENTS
(BY SMT. H.R. RENUKA, ADVOCATE FOR R2 TO R7; SRI. BHOJEGOWDA T. KOLLER, AGA FOR R1)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF WRIT OF CERTIORARI BY QUASHING THE IMPUGNED CIRCULAR NO. 9/07 VIDE ORDER BEARING NO. KARASA\KEKA\LEPA\VETHANA\1844/2007-08 DATED 11.7.07 VIDE ANN-C TO THIS WP ISSUED BY THE 2ND RESPONDENT IN SO FAR AS THE PETITONERS ARE CONCERNED AND THE ENDORSEMENT AND ETC.
THESE WRIT PETITIONS COMING ON FOR HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
the following reliefs:
In WP.No.21046 of 2009
WP No. 21046 of 2009 C/W WP No. 13414 of 2008 WP No. 22225 of 2009
WP No. 21046 of 2009 C/W WP No. 13414 of 2008 WP No. 22225 of 2009
WP No. 21046 of 2009 C/W WP No. 13414 of 2008 WP No. 22225 of 2009
WP No. 21046 of 2009 C/W WP No. 13414 of 2008 WP No. 22225 of 2009
WP No. 21046 of 2009 C/W WP No. 13414 of 2008 WP No. 22225 of 2009
background, a representation was submitted to the Road Transport Corporation which has not considered the circular issued on 11.07.2007. The Road Transport Corporation having adopted the said memorandum, the representations submitted by the petitioners in all the above matters requesting the Road Transport Corporation to consider the Revised Pay Scale in so far as the petitioners are concerned to settle their pensionary benefits was to be favorably considered. The respondent-Road Transport Corporation has rejected the said representations and aggrieved by the same the petitioners are before this Court.
WP No. 21046 of 2009 C/W WP No. 13414 of 2008 WP No. 22225 of 2009
revised pay scale and as such the rejection made by the Road Transport Corporation is under challenge.
WP No. 21046 of 2009 C/W WP No. 13414 of 2008 WP No. 22225 of 2009
present matter cannot be considered. As such the
petition stands dismissed.
Sd/JUDGE
SR
List No.: 2 Sl No.: 43
2 issues framed by the court
Whether retired employees of K.S.R.T.C. who superannuated prior to the implementation of 5th Pay Commission are entitled to the benefits of the revised pay scale without specific provision in the gove
Whether the High Court should grant relief under Article 226 to extend revised pensionary benefits to petitioners who retired before the retrospective application of the Government Order.
B V Narayana Murthy and others
The State of Karnataka through Secretary
The Vice Chairman and Managing Director K.S.R.T.C.
The Divisional Controller K.S.R.T.C.
Suraj Govindaraj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
