State petitioned to overturn KSAT orders upholding pay refixation under Rule 41-C and quashing DA withdrawal for eight police constables. As the Supreme Court had stayed a related appeal, the Court disposed of the petition by directing implementation of earlier Tribunal orders, contingent on the Supreme Court's pending decision.
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.
NC: 2024:KHC:12503-DB WP No. 2662 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF MARCH, 2024
PRESENT
THE HON'BLE MR JUSTICE K.SOMASHEKAR
AND
THE HON'BLE MR JUSTICE RAJESH RAI K
WRIT PETITION NO. 2662 OF 2024 (S-KSAT)
BETWEEN:
(BY SRI. VIKAS ROJIPURA, AGA)
Digitally signed by HARIKRISHNA V Location: HIGH COURT OF KARNATAKA
AND:
S/O LATE SRI. MUTHAIAHA CIVIL POLICE CONSTABLE NO.381, BASARALU POLICE STATION, BASARALU, MANDYA-571 401, RESIDENT OF NO.37, ARADHANA NILAYA, VINAYAKA LAYOUT, KARASAVAD ROAD, MANDYA-571 401.
AREKERE POLICE STATION, SRIRANGAPATNA TALUK, MANDYA-557 438. RESIDENT OF NO.15/BM RAGHAVENDRA NILAYA, 3RD TUNGA CROSS, 14TH MAIN, MYSURU-570 001.
…RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR ORDER / DIRECTION TO SET ASIDE THE IMPUGNED COMMON ORDER DATED 17.08.2022 PASSED BY THE HONBLE KSAT BENGALURU IN A.No-5033 TO 5040/2021 VIDE ANNEXURE-A AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, RAJESH RAI K, J., MADE THE FOLLOWING:
ORDER
Heard learned AGA for the petitioners.
pleased to allow the writ petition and was pleased to direct as under:
“The order dated 16/02/2018 passed by the Tribunal in application No.10783/2016 connected with application Nos.10784/2016, 10785/2016 is seta side and the respondents are directed to revise the pay fixation of the petitioners keeping in view the revised last pay certificate issued in their favour by the office of the Pay Account Officer (ORS) AOC, Secunderabad-15. The exercise of revising their pay and the grant of benefits shall be concluded within three months from the date of receipt of a copy of this order.”
NC: 2024:KHC:12503-DB WP No. 2662 of 2024
Nos.10783/2016, 10784/2016 and 10785/2016 further
subjecting the re-fixation to be contingent on the order that may be passed by the Hon’ble Apex Court in pending SLA (C) No.15515/2021.
There shall be no order as to costs.
Sd/JUDGE
Sd/JUDGE
VM
List No.: 1 Sl No.: 25
1 issue framed by the court
Should the Tribunal's pay refixation and DA withdrawal orders stand, given the Supreme Court has stayed the parallel case in SLP (C) No.15515/2021?
1 provisions across 1 enactments
THE STATE OF KARNATAKA REP. BY THE DIRECTOR GENERAL & INSPECTOR GENERAL OF POLICE
THE SUPERINTENDENT OF POLICE, MANDYA DISTRICT
SRI. B. RAJU
SRI. ANAND
SRI. RAGHAVENDRA H.N
SRI. T.R RANGANATH
K.SOMASHEKAR
RAJESH RAI K
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
