Writ appeal against direction to reinstate a Gram Panchayat Bill Collector with full backwages and interest recoverable from the CEO. Division Bench reduced backwages to 25% of arrears for 14.05.2012 to 29.07.2019 and set aside recovery of interest from the CEO.
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NC: 2024:KHC:29080-DB WA No. 3887 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF JULY, 2024
PRESENT
THE HON'BLE MR JUSTICE V KAMESWAR RAO
AND
THE HON'BLE MR JUSTICE C M JOSHI WRIT APPEAL NO. 3887 OF 2019 (S-DIS)
BETWEEN:
THERAKANAMBI GRAM PANCHAYATH, REP. BY ITS SECRETARY & PANCHAYATH DEVELOPMENT OFFICER, THERAKANAMBI VILLAGE, GUNDLPET TALUK, CHAMARAJANAGAR DISTRICT-571 111.
…APPELLANT
(BY SRI P MAHESHA, ADVOCATE)
AND:
Digitally signed by NANDINI R Location: High Court of Karnataka
AGED ABOUT 39 YEARS,
S/O MADANAYAKA, BILL COLLECTOR, THERAKANAMBI GRAM PANCHAYATH,
GUNDLUPET TALUK, CHAMARAJANAGAR DISTRICT-571 111.
…RESPONDENTS
(BY SRI NANJA REDDY P N, ADVOCATE FOR R-1; SRI ASHOK.N NAIK, ADVOCATE FOR R-2)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SETTING ASIDE THE IMPUGNED ORDER OF THE LEARNED SINGLE JUDGE OF THIS HON BLE COURT PASSED IN WP NO.36073/2013 DATED 24/06/2019.
THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE V KAMESWAR RAO AND HON'BLE MR JUSTICE C M JOSHI
ORAL JUDGMENT
(PER: HON'BLE MR JUSTICE V KAMESWAR RAO)
The challenge in this appeal is to an order dated 24.06.2019 passed by the learned Single Judge in WP.No.36073/2013, whereby, the learned Single Judge has allowed the petition filed by respondent No.1 herein by stating in paragraph No.2 of the impugned order as under:
" 2. It was also stated that the then Chief Executive Officer of Zilla Panchayath had written a letter to the Executive Officer, Gundlupet Taluk Panchayath and the Panchayath Development Officer, Therakanambi village vide communications dated 13.10.2013 and 11.02.2014. Thereafter, there is inaction on the part of the Chief Executive Officer, Zilla Panchayath to the extent 'whether direction has been carried out by the Executive Officer or P.D.O or not?' In view of these
NC: 2024:KHC:29080-DB WA No. 3887 of 2019
inaction on the part of the 1st respondent- Chief Executive Officer, Zilla Panchayath and the fact that the petitioner has sought for implementation of Annexure-G dated 14.05.2012, relating to reinstatement of the petitioner as a Bill Collector and further payment of arrears of salary from the date of illegal order of dismissal dated 18.6.2011, till date of reinstatement and grant all consequential benefits, 1st respondent is hereby directed to make necessary arrangement for reinstate petitioner forthwith and direct the concerned officer to extend all consequential benefits arising out of the order dated 14.5.2012-Annexure-G. Such exercise shall be completed and monetary benefit shall be disbursed to the petitioner within a period of six months from today, failing which, petitioner is also entitled for interest on arrears of pay @ 6% per annum. Interest shall be recovered from the Chief Executive Officer, Zilla Panchayath and Disciplinary appointing authority."
appellant is that after Zilla Panchayat has set aside the order of dismissal by the Gram Panchayat the respondent No.1 has been reinstated in service on 14.05.2012. He also states that pursuant to a further misconduct, respondent No.1 has been dismissed from service. In
other words, it is the submission that he was on the rolls of Gram Panchayat from 14.05.2012 to 29.07.2019 and hence, the only issue which survives for consideration is the payment of backwages pursuant to his reinstatement in service after 14.05.2012.
the learned Single Judge has directed recovery of the interest from the Chief Executive Officer which is totally untenable inasmuch as the Chief Executive Officer is not the disciplinary authority but the appellate authority and it is the Chief Executive Officer who had set aside the order of the disciplinary authority and directed the reinstatement of respondent No.1 and hence, he is not responsible for non-implementation of the reinstatement order passed by him. Hence, the liability of 6% interest cannot be fastened upon the Chief Executive Officer.
parties, as the only issue which arises for consideration is, the payment of backwages and noting the fact that the appellant herein is Gram Panchayat which functions for the welfare of the people of the village, any direction for payment of 100% backwages shall put a financial burden on the Gram Panchayat, hence, in the facts of this case, we are of the view that respondent No.1 shall be entitled
to backwages quantified as 25% of the total arrears which he is entitled to between the period from 14.05.2012 to 29.07.2019.
paid in terms of the order passed by this Court today within a period of three months, respondent No.1 shall be entitled to interest at the rate of 6% per annum from the date the backwages are due till the date of payment as per this order. We also state that insofar as the direction of
the learned Single Judge for recovery of the interest from the Chief Executive Officer is concerned, in view of the submission made by the learned counsel for respondent No.2 with which we agree, the same is set aside. The appeal is disposed of.
We take on record the submission made by the learned counsel for the respondent No.2 that as the direction of the learned Single Judge qua the Chief Executive Officer for recovery of interest from him has been set aside, the review petition filed by the Chief
NC: 2024:KHC:29080-DB WA No. 3887 of 2019
Executive Officer before the learned Single Judge shall be withdrawn.
In view of disposal of main appeal, I.A.No.2/2019 is
also disposed of as infructous.
Sd/(V KAMESWAR RAO) JUDGE
Sd/(C M JOSHI) JUDGE
NR/List No.: 1 Sl No.: 35
2 issues framed by the court
What quantum of backwages is the reinstated Bill Collector entitled to between 14.05.2012 and 29.07.2019?
Can the 6% interest liability for delayed payment be fastened on the Chief Executive Officer of the Zilla Panchayath?
Therakanambi Gram Panchayath, rep. by its Secretary & Panchayath Development Officer
Sri Mallesh
Zilla Panchayath, rep. by its Chief Executive Officer, Chamarajanagar District
V KAMESWAR RAO
C M JOSHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
