Petitioners challenged a Government Order fixing pensionary benefits, alleging omission of dearness allowance. The Court found the order ambiguous regarding calculation breaks and remanded it to authorities for clarification.
Petition remanded to respondents to provide details of heads of pensionary benefits payable and dispose within twelve weeks.
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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 5TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE M.G.S. KAMAL
WRIT PETITION NO.106015/2018(S-R)
BETWEEN:
1A. SMT. SHOBHADEVI W/O. CHANAVEERYYA MATH, R/O: C/O: CHANNAVEERAYYA, NO.2004, NANDI – DEEPA APARTMENT, DODDAKAMMANAHALLI MAIN ROAD, NEAR MINAKSHI TEMPLE, DODDAKAMMANAHALLI, BENGALURU, SOUTH BENGALURU – 560 076.
…PETITIONERS
Digitally signed by V N BADIGER Location: High Court of Karnataka
(BY SRI S. R. HEGDE AND SAGAR HEGDE, ADVOCATES)
AND:
…RESPONDENTS
(BY SRI P.N.HATTI, HCGP)
THIS WP IS FILED UNDER ARTICLE OF 226 OF THE CONSTITUTION OF INDIA, PRAYING TO, A WRIT OF CERTIORARI MAY KINDLY BE ISSUED TO QUASH THE G.O.NO.,ED 99 UPC 2016, BANGALORE, DATED. 08.03.2018, ISSUED BY RESPONDENT NO.1 VIDE ANNEXURE-H. TO THE WRIT PETITION. A WRIT OF MANDAMUS MAY PLEASE BE ISSUED DIRECTING THE RESPONDENT TO MODIFY THE G.O. DATED. 08.03.2018 ISSUED BY RESPONDENT NO.1 VIDE ANNEXURE-H AND INCLUDE THE EXTRA 32.5% OF BASIC PENSION/FAMILY PENSION AND ALSO TO PAY THE ENTIRE ARREARS UP TO DATE BY MAKING THE CALCULATION AS PER THE GO DATED. 05.07.2016 R/W. G.O.NO.FD (SPL) 2PET 99, BENGALURU DATED. 15.02.1999 AND CALCULATION MEMO VIDE ANNEXURE-K AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
quash the Government Order dated 8.3.2018, produced at Annexure-H, passed by the respondents authorities, wherein while calculating the pensionary benefits payable to the petitioner, the dearness allowance has been purportedly left out thereby reducing his entitlement.
authorities shall take the same into consideration and may even provide personal hearing if required, and pass appropriate orders within a period of twelve weeks from the date of receipt
of certified copy of this order.
disposed of.
SD/JUDGE
VB/CT-ASC List No.: 1 Sl No.: 9
2 issues framed by the court
Whether the impugned Government Order calculating pensionary benefits is ambiguous and requires clarification regarding inclusion of dearness allowances.
Whether the respondents were required to provide personal hearing before fixing pensionary benefits.
3 provisions across 3 enactments
C.G. Math (Since deceased by LRs)
Smt. Shobhadevi W/O. Chanaveeryya Math
The Principal Secretary to Government of Karnataka, Department of Education
The Officer of the Accountant General (A and E) Karnataka
The Commissioner, Collegiate Education
The Principal Secretary to Government, Finance Department
M.G.S. Kamal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
