Disposed

S Mariswamy v. State of Karnataka

Karnataka HC28 Mar 2023WP/4981/2021

Case brief

AI extract

What is this about?

In a writ petition under Articles 226 and 227 of the Constitution, the High Court of Karnataka directed state instrumentalities to consider petitioners representations regarding non-payment of back wages and retirement benefits within eight weeks, without expressing an opinion on the merits, and disposed of the petition.

What did the court decide?

Respondents directed to consider petitioners representations regarding back wages and retirement benefits within eight weeks.

S Mariswamy Vs State of Karnataka — Pension and Retirement Benefits | Karnataka HC (2023)

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WP No. 4981 of 2021

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 28^TH DAY OF MARCH, 2023

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BEFORE

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THE HON'BLE MR. JUSTICE E.S.INDIRESH

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WRIT PETITION NO.4981 OF 2021 (S-RES)

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BETWEEN:

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S. MARISWAMY

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S/O LATE SIDDAIAH AGED ABOUT 60 YEARS, R/AT ANNAPOORNA HOMES 5^TH CROSS HEMMIGEPURA WARD C V RAMAN ROAD, KODIMALLYA KENGERI-560060.

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RAMESH D. BELACHADA S/O DORMA BELCHADE AGED ABOUT 60 YEARS, R/AT NO.4-104(1) MOODALAKATTE TONSE EAST UDUPI-576114.

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Digitally signed by CHAYA S A Location: High Court of Karnataka

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RAMESH POOJARY

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S/O LATE MANSA POOJARY AGED ABOUT 60 YEARS, NO.3-50 AIKALA POST MANGALORE TALUK MANGALORE-574 141

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…PETITIONERS

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(BY SMT. VEENA T. N., ADVOCATE FOR

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SRI ROHIT URS D., ADVOCATE)

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AND:

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STATE OF KARNATAKA REP. BY PRINCIPAL SECRETARY

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WP No. 4981 of 2021

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DEPARTMENT OF VETERINARY AND ANIMAL HUSBANDRY VIKASA SOUDHA BENGALURU-560001.

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KARNATAKA VETERINARY ANIMAL FISHERIES SCIENCES UNIVERSITY NANDINAGAR BIDAR-585 226

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REP. BY ITS REGISTRAR

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THE ADMINISTRATIVE OFFICER ANIMAL FISHERIES SCIENCES UNIVERSITY NANDINAGAR BIDAR-585 226.

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THE DEAN KARNATAKA VETERINARY ANIMAL FISHERIES SCIENCES UNIVERSITY VETERINARY COLLEGE

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HEBBAL, BENGALURU -560021.

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THE DEAN KARNATAKA VETERINARY ANIMAL FISHERIES SCIENCES UNIVERSITY COLLEGE OF FISHERIES MANGALURU-575 002.

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…RESPONDENTS

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(BY SRI T P SRINIVASA, PRL, GA, FOR R1; SRI J PRASHANTH, ADVOCATE FOR R2 AND R3; SRI ABHISHEK ARUNKUMAR HAPPALI, ADVOCATE FOR SMT. VAISHALI HEGDE, ADVOCATE FOR R2 TO R5)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO

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WP No. 4981 of 2021

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ISSUE WRIT COMMANDING THE RESPONDENTS TO CLEAR THE ARREARS TOWARDS THE BACKWAGES AND SETTLE ALL RETIRAL BENEFITS INCLUDING THE PENSION AND OTHER STATUTORY ENTITLEMENTS OF THE PETITIONERS IN TERMS OF THE REGULARIZATION ORDER 01.07.2017 AS PER ANNEXURE-A CONSIDERING THEIR REPRESENTATIONS PRODUCED AT ANNEXURE-B, DATED 29.08.2020, ANNEXURE-C 12.01.2021 AND ANNEXURE-D 12.01.2021 RESPECTIVELY.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Heard learned counsel appearing for the parties.

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The grievance of the petitioners in this petition is with regard to non payment of arrears of back wages and, that the respondents have not settled the retrial benefits including pension and other statutory entitlement of the petitioners in terms of Order dated 01.07.2017 (Annexure - A), passed by the respondent - University. In this regard, petitioners have made representations dated 29.08.2010 (Annexure - B) and 12.01.2021 (Annexures - C & D to the writ petition).

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WP No. 4981 of 2021

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Without expressing any opinion on the merits of the case, the respondents herein being instrumentalities of the State under Article 12 of the Constitution of India, are directed to consider the aforementioned representations of the petitioners in accordance with law, within eight weeks from the date of receipt of copy of this Order.

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Accordingly, writ petition is disposed of.

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In view of disposal of the main writ petition, I.A.1/2022 and I.A.2/2022 accordingly stand allowed.

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SD/JUDGE

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sac

S Mariswamy v. State of Karnataka

Case brief

What is this about?

What did the court decide?

S Mariswamy v. State of Karnataka

Case brief

What is this about?

What did the court decide?

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