Petitioner challenged an endorsement refusing a salary refund deduction for unused government quarters. The Division Bench held the modifying circular required reconsideration regarding its applicability timeline.
Writ petition allowed; impugned endorsement quashed; respondents directed to reconsider refund claim within four weeks.
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NC: 2024:KHC-D:11381 WP No. 102314 of 2021
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 9TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR. JUSTICE RAVI V.HOSMANI
WRIT PETITION NO.102314 OF 2021 (S-KSRTC)
BETWEEN:
SHRI RAVINDRA S/O. PRABHAKAR PHATARPEKAR, AGE: 59 YEARS, OCC: DEPOT MANAGER, NWKRTC, KARWAR, R/O: KARWAR – 581 301, TQ: KARWAR, DIST: UTTARA KANNADA.
…PETITIONER
(BY SRI SABEEL AHMED, ADVOCATE FOR SRI A. S. PATIL, ADVOCATE)
AND:
Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka
NC: 2024:KHC-D:11381 WP No. 102314 of 2021
DIVISIONAL OFFICE, SIRSI-581401, TQ: SIRSI, DIST: UTTARA KANNADA.
…RESPONDENTS
(BY SMT. VEENA HEGDE AND SMT. CHITRA GOUNDALKAR, ADVOCATE FOR R2 AND R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO WRIT OF CERTIORARI OR ANY OTHER ORDER OR DIRECTION QUASHING THE IMPUGNED ENDORSEMENT DATED 07.08.2017 ISSUED BY RESPONDENT NO.3 IN NO.VARASA/UKA/KARMIK /645 AS PER ANNEXURE-H AND TO DIRECT RESPONDENT NO.1 TO 3 TO REFUND AN AMOUNT OF RS.2,04.966/- WITH INTEREST WHICH HAS BEEN DEDUCTED FROM THE SALARY OF THE PETITIONER WITH EFFECT FROM JULY 2016 TO JANUARY 2020 TOWARDS THE RENT AMOUNT OF THE QUARTERS ALLOTTED IN FAVOUR OF THE PETITIONER BY TAKING NOTE OF THE CIRCULAR NO.1680 ISSUED BY THE RESPONDENT NO.1 ON 06/09.11.2020 AS PER ANNEXURE–N AND BY CONSIDERING THE REPRESENTATIONS DATED 12.06.2016 SUBMITTED BY THE PETITIONER TO RESPONDENT NO.3 AND THE REPRESENTATIONS DATED 11.09.2017 AND 15.12.2017 SUBMITTED BY THE PETITIONER TO RESPONDENTS NO.1 AS PER ANNEXURES-A, J AND K RESPECTIVELY AND ETC., IN THE INTEREST OF JUSTICE AND EQUITY.
THIS WRIT PETITION IS COMING ON FOR PRELIMINARY HEARING - B GROUP , THIS DAY ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER
Challenging endorsement dated 07.08.2017 issued by respondent no.3 as per Annexure-H and seeking for writ of mandamus directing respondents no.1 to 3 to refund amount of Rs.2,04,866/- with interest and deduction of rent in pursuance of circular dated 11/12.11.1991, as per Annexure-M and failing to consider petitioner’s representations at Annexures-A, J and K in light of Circular at Annexure-N, this writ petition is filed.
submitted, after coming into force of said Circular, there were no deductions. In view of above, impugned endorsement at Annexure-H, was fully justified and not call for interference. On said ground, sought for rejection.
records.
Hence, writ petition is allowed.
NC: 2024:KHC-D:11381 WP No. 102314 of 2021
Impugned endorsement at Annexure-H is quashed, respondents are directed to consider petitioner’s representations at Annexures-A, J and K respectively in light of Circular at Annexure-N by specifically examining whether Circular at Annexure-N would be applicable prospectively or retrospectively and pass fresh order within an outer limit of four weeks from date of receipt of certified copy of order.
Sd/(RAVI V.HOSMANI) JUDGE
AM CT-ASC List No.: 1 Sl No.: 52
2 issues framed by the court
Whether the subsequent circular modifying salary deduction conditions for non-occupancy of designated quarters should have retrospective or prospective effect for refund claims.
Whether the rejection of the petitioner's representation seeking refund of deducted salary warrants judicial interference.
1 provisions across 1 enactments
Shri Ravindra S/o. Prabhakar Phatarpekar
The Managing Director, Karnataka State Road Transport Corporation (KSRTC)
The Managing Director, North West Karnataka Road Transport Corporation (NWKRTC)
The Divisional Controller, North West Karnataka Road Transport Corporation
Ravi V. Hosmani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
