Dismissed

Mahadev J Amarish v. the State of Karnataka

Karnataka HC10 Jan 2023WP/22225/2009

Case brief

AI extract

What is this about?

Petitioners, retired K.S.R.T.C. employees, challenged rejection of their representation seeking the benefit of the 5th Pay Commission revision implemented by the State Government. The court held that benefits accrue based on salary applicable on superannuation and rejected the claim due to lack of specific provision for retirees.

What did the court decide?

Court refused to direct extension of revised pay scale benefits to petitioners as they had superannuated prior to the retrospective applicability date without specific provision in the government orde

Mahadev J Amarish Vs the State of Karnataka — Pension and Retirement Benefits | Karnataka HC (2023)

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WP No. 21046 of 2009 C/W WP No. 13414 of 2008 WP No. 22225 of 2009

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10^TH DAY OF JANUARY, 2023

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BEFORE

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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)

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IN W.P.NO.21046/2009

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BETWEEN:

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B V NARAYANA MURTHY S/O.LATE B L VITTALA RAO AGED ABOUT 61 YEARS R/A NO.1643/10,

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“HAMSAVAHINI”

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15^TH CROSS, ANJANEYA BADAVANE DAVANGERE-577004

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R RUDRA MUNIYAPPA S/O. S DODDA RUDRAPPA AGED ABOUT 61 YEARS R/AT.NO.560/18, 2^ND STAGE “SANJEEVINI” ANJANEYA TEMPLE ROAD SHIVA KUMAR SWAMY BADAVANE DAVANGERE-577004

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Digitally signed by POORNIMA SHIVANNA Location: HIGH COURT OF KARNATAKA

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M CHITRAPPA S/O.LATE MALLAPPA AGED ABOUT 62 YEARS R/AT.NO.3682/460, MALLIKARJUNA NILAYA TARALABALU BADAVANE DAVANGERE-577005

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WP No. 21046 of 2009 C/W WP No. 13414 of 2008 WP No. 22225 of 2009

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H THIPPESWAMY NAIK S/O.LATE HEMLA NAIK AGED ABOUT 60 YEARS “RENUKA NILAYA” R/AT.NO.779/82, B BLOCK, SARASWATHI BADAVANE DAVANGERE-577 004

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PRABHAKAR NARAYANARAO BAGARE S/O.LATE NARAYANARAO BAGARE AGED ABOUT 62 YEARS “CHANDRAGUTHYAMMA NILAYA” 1^ST MAIN, 2^ND CROSS, VINOBHANAGAR DAVANGERE-577002

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K S MANJUNATH SINCE DIED BY HIS LRs

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i) SMT MANJULA K.M. W/O LATE K.S. MANJUNATH AGED ABOUT 53 YEARS

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ii) VINAYAKUMAR K.M. S/O LATE K.S. MANJUNATH AGED ABOUT 30 YEARS

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iii) VIJAYAKUMAR K.M. S/O LATE K.S. MANJUNATH AGED ABOUT 28 YEARS

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ALL ARE R/A 2^ND CROSS, RAMAPPA BUILDING CHIKKABEGURU GATE BANGALORE-560068.

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N PRABHURAJ

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S/O.LATE S P NENURAJAIAH AGED ABOUT 61 YEARS “SRI PADMAMBHA NILAYA” LIG 2,18 2^ND PHASE, 3^RD CROSS GOPALA, SHIMOGA 577201

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WP No. 21046 of 2009 C/W WP No. 13414 of 2008 WP No. 22225 of 2009

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M ESHWARAIAH S/O.LATE C MUPPINAIAH AGED ABOUT 61 YEARS R/AT.NO.84, K R PURAM ROAD OPP VANDANA THEATRE SHIMOGA- 577201

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SMT. R SULOCHANA W/O.LATE S REVANNA AGED ABOUT 51 YEARS EWS 71, HUDCO COLONY NEAR RAIKAR NURSING HOME VINOBHA NAGAR SHIMOGA 577204

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RMD SAMIULLA S/O.LATE MD RIZWANULLA AGED ABOUT 61 YEARS R/A NO.636/62, JAYANAGAR ‘B’ BLOCK NITUVALLY DAVANGERE 577002

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…PETITIONERS

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(BY SRI. M C BASAVARAJU., ADVOCATE)

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AND:

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THE STATE OF KARNATAKA DEPT OF FINANCE M S BUILDING, DR AMBEDKAR VEEDHI BANGALORE-560001 REP BY ITS SECRETARY

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THE VICE CHAIRMAN AND THE MANAGING DIRECTOR K.S.R.T.C CENTRAL OFFICES K.H.ROAD, SHANTHI NAGAR BANGALORE-560027

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THE DIVISIONAL CONTROLLER K.S.R.T.C.

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WP No. 21046 of 2009 C/W WP No. 13414 of 2008 WP No. 22225 of 2009

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DAVANAGERE DIVISION DAVANAGERE-577002.

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…RESPONDENT

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(BY SMT. H.R. RENUKA, ADVOCATE FOR R2 & R3;

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SRI. BHOJEGOWDA T. KOLLER, AGA FOR R1)

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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.

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IN W.P.NO.13414/2008 BETWEEN:

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NARYANAPPA S/O. LATE NARASIMHAIAH AGED ABOUT 59 YEARS R/AT NO.1029, 9^TH CROSS WEST OF CHORD ROAD, 2^ND STAGE MAHALAKSHMIPURAM, BANGALORE - 560086.

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(BY SRI: M C BASAVARAJU, ADVOCATE)

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AND:

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1 . THE STATE OF KARNATAKA DEPT OF FINANCE M.S. BUILDING DR AMBEDKAR VEEDHI BANGALORE - 560001 REP BY ITS SECRETARY.

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2 . THE VICE CHAIRMAN AND MANAGING DIRECTOR, B M T C, CENTRAL OFFICES K H ROAD

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...PETITIONER

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WP No. 21046 of 2009 C/W WP No. 13414 of 2008 WP No. 22225 of 2009

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SHANTHI NAGAR

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BANGALORE - 560027.

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3 . THE CHIEF TRAFFIC MANAGER B M T C CENTRAL OFFICES K H ROAD SHANTHI NAGAR BANGALORE - 560027

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...RESPONDENTS

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(BY SMT. H R RENUKA, ADVOCATE FOR R2 & R3; SRI. BHOJEGOWDA T. KOLLER, AGA FOR R1)

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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 2^ND RESPONDENT IN SO FAR AS THE PETITIONER IS CONCERNED.

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IN W.P.NO.22225/2009 BETWEEN:

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1 . MAHADEV J AMARISH

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S/O V S JAYARAM

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AGED ABOUT 60 YEARS R/A NO 271/13,10^TH CROSS,

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N R COLONY, BANGALORE-19

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2 . S MADHU MURTHY S/O LATE SRINIVASACHAR AGED ABOUT 59 YEARS R/A NO.37, 6^TH B CROSS

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AG'S ROAD, SUBRAMANYAPURA POST AREHALLI, BANGALORE-61

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3 . K MADHAVA MURTHY

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S/O LATE L S KRISHNA MURTHY AGED ABOUT 59 YEARS

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WP No. 21046 of 2009 C/W WP No. 13414 of 2008 WP No. 22225 of 2009

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R/A NO.31,1^ST MAIN VIVEKANANDA NAGAR, BSK 3^RD STAGE, BANGALORE-85

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4 . D NARAYANA RAO

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S/O LATE DURGOJI RAO AGED ABOUT 59 YEARS R/A NO.49,6^TH A CROSS KANAKA NAGAR, HULLURAPPA LAYOUT V NAGENAHALLI, R.T.NAGAR POST BANGALORE-32

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5 . S A SRINIVASA MURTHY S/O LATE B ANANTHA AITHAL AGED ABOUT 60 YEARS R/A NO.13/37,2^ND CROSS MALLESHWARAM, BANGALORE-03

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6 . G S VIJAYA W/O A SHAMARAO AGED ABOUT 60 YEARS R/A NO.30,7^TH MAIN K S R T C LAYOUT J P NAGAR, 2^ND PHASE BANGALORE-78

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7 . S H THIPPESWAMY

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S/O LATE HANUMANTHAPPA AGED ABOUT 60 YEARS NO.46, 1^ST FLOOR, OLD POST OFFICE ROAD, 7^TH BLOCK, JAYANAGAR BANGALORE-82

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...PETITIONERS

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(BY SRI. M C BASAVARAJU, ADVOCATE)

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WP No. 21046 of 2009 C/W WP No. 13414 of 2008 WP No. 22225 of 2009

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AND

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1 . THE STATE OF KARNATAKA DEPARTMENT OF FINANCE M S BUILDING DR.AMBEDKAR VEEDHI BANGALORE-01 REP BY ITS SECRETARY

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2 . THE VICE CHAIRMAN AND THE MANAGING DIRECTOR K S R T C / B M T C CENTRAL OFFICES K H ROAD SHANTHI NAGAR BANGALORE-27

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3 . THE CHIEF TRAFFIC MANAGER B M T C CENTRAL OFFICES K H ROAD SHANTHI NAGAR BANGALORE-27

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4 . THE CHIEF STAFF MANAGER K S R T C CENTRAL OFFICES K H ROAD SHANTHI NAGAR BANGALORE-27

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5 . THE SENIOR DIVISIONAL CONTROLLER K S R T C BANGALORE CENTRAL DIVISION K H ROAD SHANTHI NAGAR BANGALORE-27

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6 . THE WORKS MANAGER K S R T C REGIONAL WORK SHOP KENGARI, BANGALORE-72

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WP No. 21046 of 2009 C/W WP No. 13414 of 2008 WP No. 22225 of 2009

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7 . THE DIVISIONAL CONTROLLER K S R T C BANGALORE RURAL DIVISION MYSORE ROAD BANGALORE-26

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...RESPONDENTS

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(BY SMT. H.R. RENUKA, ADVOCATE FOR R2 TO R7; SRI. BHOJEGOWDA T. KOLLER, AGA FOR R1)

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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 2^ND RESPONDENT IN SO FAR AS THE PETITONERS ARE CONCERNED AND THE ENDORSEMENT AND ETC.

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THESE WRIT PETITIONS COMING ON FOR HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The petitioners in the above petitions are seeking for

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the following reliefs:

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In WP.No.21046 of 2009

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i. Issue a writ in the nature of writ certiorari by quashing the impugned

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(a) 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 2^nd respondent in so far as the petitioners are concerned and endorsement

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WP No. 21046 of 2009 C/W WP No. 13414 of 2008 WP No. 22225 of 2009

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(b) Order bearing No. KARASA\KEKA\LEPA\PAVATHI\ 4861/08-09 dated 07/02/2009

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(c) Order bearing No. KARASA\KEKA\LEPA\PAVATHI\ 4861/08-09 dated 07/02/2009

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(d) Order bearing No. KARASA\KEKA\LEPA\PAVATHI\ 4861/08-09 dated 07/02/2009

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(e) Order bearing No. KARASA\KEKA\LEPA\PAVATHI\ 4861/08-09 dated 07/02/2009

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(f) Order bearing No. KARASA\KEKA\LEPA\PAVATHI\ 4861/08-09 dated 07/02/2009

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(g) Order bearing No. KARASA\KEKA\LEPA\PAVATHI\ 4861/08-09 dated 07/02/2009

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(h) Order bearing No. KARASA\KEKA\LEPA\PAVATHI\ 4861/08-09 dated 07/02/2009

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(i) Order bearing No. KARASA\KEKA\LEPA\PAVATHI\ 4861/08-09 dated 07/02/2009

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(j) Order bearing No. KARASA\KEKA\LEPA\PAVATHI\ 4861/08-09 dated 07/02/2009

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(k) Order bearing No. KARASA\KEKA\LEPA\PAVATHI\ 4861/08-09 dated 07/02/2009 vide Annexure ‘G1’ to ‘G10’ to this writ petition issued by the 2^nd respondent and

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ii. Issue a writ in the nature of writ of mandamus directing the 2^nd respondent to extend the benefit of the revised pay scale to all the petitioners as per the Government Order bearing No. FD 8 SRP 2007 Bangalore dated 09-04-2007 vide annexure ‘B’ to this writ petition and pay the same with terminal benefits, under the facts and circumstances of the case.

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WP No. 21046 of 2009 C/W WP No. 13414 of 2008 WP No. 22225 of 2009

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iii. Pass such other order or orders at this Hon’ble Court may deem fit to grant under the facts and circumstances of the case in the interest of justice and equity.

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In WP.No.13414 of 2008

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i. 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 and the endorsement bearing No.BEMASASAM/ KKA/LEPA/VETHANA/ 540/2008-09 dated 21/05/2008 vide annexure ‘E’ to this writ petition issued by the 2^nd respondent in so far as the petitioner is concerned.

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ii. Issue a writ in the nature of writ of mandamus directing the 1^st and 2^nd respondents to extend the benefit of revised pay scale to the petitioner as per the Government Order bearing No. FD 8 SRP 2007 Bangalore dated 09-04-2007 vide annexure ‘B’ to this writ petition and pay the same with terminal benefits to the petitioner, under the facts and circumstances of the case.

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iii. Pass such other order or orders as this Hon’ble Court may deem fit to grant under the facts and circumstances of the case in the interest of justice and equity.

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In WP.No.22225 of 2009

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i. 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\2007-08 dated 11/07/2007 vide Annexure-C to this writ petition issued by the 2^nd respondent in so far as the petitioners are concerned and the endorsement bearing Numbers as follows.

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WP No. 21046 of 2009 C/W WP No. 13414 of 2008 WP No. 22225 of 2009

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a) Endorsement bearing No.KARASA/KEKA/LEPA/ PAVATHI/4895/2008-09 dated 09/022009 vide Annexure ‘F1’ issued by the 4^th respondent.

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b) Endorsement bearing No.KARASA/BANKEVI/ SIBBANDI/NE-2/6161/2008-09 dated 09/03/2009 vid Annexure ‘F2’ issued by the 5^th respondent.

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c) Endorsement bearing No.KARASA/PRAKABAN/ C.SHA/P-1/782/2008-09 dated 07/02/2009 vide Annexure ‘F3’ issued by the 6^th respondent.

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d) Endorsement bearing No.KARASA/BANGRAVI/ SIBBANDI/4160/2008-09 dated 09/01/2009 vide Annexure ‘F4’ issued by the 7^th respondent.

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e) Endorsement bearing No.KARASA/KEKA/LEPA/ PAVATHI/48972008-09 dated 0902/2009 vide Annexure ‘F5’ issued by the 4^th respondent.

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f) Endorsement bearing No.BANMASASAM/KEKA/ SIBBANDI/7280/2008-09 dated 10/01/2009 vide Annexure ‘F6’ issued by the 3^rd respondent.

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g) Endorsement bearing No.KARASA/KEKA/LEPA/ PAVATHI/4896/2008-09 dated 09/022009 vide Annexure ‘F7’ issued by the 2^nd respondent.

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ii. Issue a writ in the nature of writ of mandamus directing the respondent No.2 to 7 to extend the benefit of the revised pay scale to all the petitioners as per the Government Order bearing No.FD 8 SRP 2007 Bangalore dated 09-04-2007 vide annexure ‘B’ to this writ petition and pay the same with all terminal benefits under the facts and circumstances of the case.

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iii. Pass such other order or orders as this Hon’ble Court may deem fit to grant under the facts and circumstances of the case in the interest of justice and equity.

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WP No. 21046 of 2009 C/W WP No. 13414 of 2008 WP No. 22225 of 2009

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The grievance of the petitioners are that, the petitioners being the retired employees of the respondent-Road Transport Corporation (RTC) were working in different capacities and all the petitioners retired from service between the period from July2005 to March-2006. The State Government by its order dated 9.07.2007 has issued a memorandum revising the pay scale of the State Government Employees with effect from 1.07.2005 by implementing the recommendation of 5th pay Commission and made it applicable to all the employees retrospectively from 01.04.2006.

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The contention of the learned counsel for the petitioner is that, the petitioners having retired just before the date of coming into operation of the revised pay scale, the petitioners also ought to be entitled for the said benefit and the revised pay scale be made applicable to the petitioners. It is in that

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WP No. 21046 of 2009 C/W WP No. 13414 of 2008 WP No. 22225 of 2009

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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.

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The only ground which has been urged by the petitioners is that, the petitioners having retired just before the memorandum was issued and/or coming into force merely because of small time difference, the petitioners are deprived of the benefits of the

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WP No. 21046 of 2009 C/W WP No. 13414 of 2008 WP No. 22225 of 2009

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revised pay scale and as such the rejection made by the Road Transport Corporation is under challenge.

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Admittedly, the memorandum was issued on 9.4.2007 and made retrospectively applicable from 1.04.2006, despite the said retrospective applicability, the petitioners not deriving benefits since they superannuated prior to that retrospective date.

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The benefits that could accrue to the superannuated employee is on the basis of the salary fixed and applicable as on the date on which the superannuation occurs. Any subsequent revision would not enure to the benefit of such superannuated Employee/workman, unless specific provision for the same is made.

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In view of the above, when no specific provision is made, the relifes which have been sought for in the

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WP No. 21046 of 2009 C/W WP No. 13414 of 2008 WP No. 22225 of 2009

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present matter cannot be considered. As such the

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petition stands dismissed.

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Sd/JUDGE

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List No.: 2 Sl No.: 43

Mahadev J Amarish v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Mahadev J Amarish v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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