A reinstated civil police constable sought backwages through the Administrative Tribunal after a prior Division Bench order granted consequential benefits except backwages. The Tribunal rejected the application citing that order; the High Court found no error and dismissed the writ petition.
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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 29TH DAY OF OCTOBER, 2024
PRESENT
THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD
AND
THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION NO. 104537 OF 2024 (S-KAT)
BETWEEN:
SRI. SUBHASH VISHRAM NAIK S/O. VISHRAM NAIK, AGED ABOUT 57 YEARS, WORKING AS CIVIL POLICE CONSTABLE, R/O. KOTEGOWDA, ANKOLA, UTTAR KANNADA DISTRICT.
…PETITIONER
(BY SRI. KUSHAL N.K., ADVOCATE)
AND:
Digitally signed by VINAYAKA B V Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2024.11.05 11:28:46 +0530
NC: 2024:KHC-D:15798-DB WP No. 104537 of 2024
MANGALURU-570 001.
…RESPONDENTS
(BY SRI. PRAVEEN K.UPPAR, ADDL. GOVT. ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO, ISSUE APPROPRIATE WRIT, ORDER OR DIRECTION IN THE NATURE OF CERTIORARI TO SET ASIDE/QUASH THE IMPUGNED ORDER, DATED 08.02.2024 IN APPLICATION NO. 10714/2023, PASSED BY THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, BELAGAVI BENCH, BELAGAVI, (ANNEXURE-C) AND CONSEQUENTLY ALLOW THE APPLICATION NO. 10714/2023 FILED BY THE PETITIONER.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD AND
THE HON'BLE MR. JUSTICE VENKATESH NAIK T
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD)
This petitioner has filed this petition under Articles 226 and 227 of the Constitution of India challenging the order dated 08.02.2024 passed by the Karnataka State Administrative Tribunal, Belagavi.
period of suspension was treated as suspension period only. Being aggrieved by the compulsory retirement order passed by the State, he has filed an application before the Karnataka State Administrative Tribunal, Bengaluru in Application No.324/2011. The Tribunal by order dated 05.09.2018 has allowed the application in part. The penalty of compulsory retirement imposed by the State was substituted with reduction of his pay scale by five stages. Being aggrieved by the same, the State has filed a writ petition before this Court in W.P. No.15592/2019. The Division Bench of this Court on 02.07.2021 has passed the following:
“5. In the considered opinion of this Court, keeping in view the totality of the facts and circumstances of the case, this Court does not find any reason to interfere with the order of the Tribunal. Hence, admission is declined. The petitioner-State is directed to comply with the order passed by the Tribunal positively within 30 days from today. The Tribunal has not directed the reinstatement of the respondent-employee with all consequential benefits. In the considered opinion of this Court as the respondent-employee was not granted backwages, the question of the granting backwages does
not arise. However he is entitled for all the consequential benefits including notional fixation of salary, leave, promotion etc. except backwages.”
from service within 30 days from that order and granted all consequential benefits except backwages. In view of nongranting of backwages, petitioner approached the Karnataka State Administrative Tribunal, Belagavi in Application No.10714/2023. In view of the order passed by this Court in W.P. No.15592/2019, the Tribunal has rightly rejected the application. Being aggrieved by the same, he has filed this writ petition.
NC: 2024:KHC-D:15798-DB WP No. 104537 of 2024
State Administrative Tribunal, Belagavi. The writ petition is devoid of merits. Hence, the writ petition stands dismissed.
Sd/(H.T.NARENDRA PRASAD)
JUDGE
Sd/-
(VENKATESH NAIK T) JUDGE
RSH / Ct:vh List No.: 1 Sl No.: 9
1 issue framed by the court
Whether backwages were payable to the petitioner given the earlier Division Bench order granting all consequential benefits except backwages.
2 provisions across 1 enactments
Sri Subhash Vishram Naik
The State of Karnataka by its Prl. Secretary, Home Department
The Director General and Inspector General of Police
The Inspector General of Police Western Range, Mangaluru
The Superintendent of Police Uttar Kannada District, Karwar
H.T. Narendra Prasad
Venkatesh Naik T
As recorded by the court registry
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