A Senior Chief Accounts Officer sought retrospective upgradation of his pay scale and consideration of his representation. The respondents undertook to decide his representation in accordance with law within eight weeks. The court disposed of the writ petition directing consideration and communication of the 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:27169 WP No. 14797 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 14797 OF 2024 (S-RES)
BETWEEN:
SRI. PURAN KUMAR AGARWALLA S/O LATE MOTILAL AGARWAL AGED ABOUT 58 YEAS, NOW WORKING AS SENIOR CHIEF ACCOUNTAS OFFICER CENTRAL MANUFACTURING TECHNOLOGY INSTITUTE TUMKUR ROAD, BENGALURU 560 022 R/O HOUSE NO. 108 3rd MAIN BEML LAYOUT, ITPL ROAD, TUBARAHALLI BENGALURU 560 066
Digitally signed by NARASIMHA MURTHY VANAMALA Location: HIGH COURT OF KARNATAKA
…PETITIONER
(BY SRI. S.P. KULKARNI, SENIOR ADVOCATE FOR
SRI. V. TUKARAM RAO., ADVOCATE)
AND:
NC: 2024:KHC:27169 WP No. 14797 of 2024
TUMKUR ROAD, BENGALURU 560 022
REPRESENTED BY ITS CHIEF ADMINISTRATIVE OFFICER
…RESPONDENTS
(BY SRI. KUMAR M N., CGC FOR R1 AND R2)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS HEREIN TO EXTEND THE BENEFIT OF UP GRADATION IN THE POST OF FINANCIAL ADVISOR AND CHIEF ACCOUNTS OFFICER RETROSPECTIVELY FROM JULY 2021, ON WHICH DATE THE PETITIONER HELD THE SAME FOR FIRST TIME WITH ALL ARREARS AND CONSEQUENTIAL SERVICE BENEFITS ALONG WITH INTEREST.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner, who is promoted to the post of Senior Chief Accounts Officer with effect from 01.07.2003 with the second respondent, has filed this petition for directions to the respondents to extend the benefit of " Up gradation " in the Pay scale admissible to him for his work as a Financial Advisor and Chief Accounts Officer with effect from July 2021 and the petitioner has also, in the alternative, sought
NC: 2024:KHC:27169 WP No. 14797 of 2024
for directions to the respondents to consider his representation dated 06.10.2023.
counsel for the petitioner, submits that the petitioner is issued with Order on 23.08.2023 promoting him to the post of Senior Chief Accounts Officer with effect from 01.07.2023 in the pay matrix of Rs.1,23,100/[ the Entry Level - 13 ] and that he has filed his representation dated 29.09.2023 requesting for Up gradation of his pay scale with effect from 01.07.2023. The learned Senior counsel emphasizes that with the second respondent informing the petitioner that such representation must be filed in the prescribed format with the Grievance Redressal Mechanism [GRM] notification, the petitioner has also filed such application in the month of October 2023, but no action is taken in all these months.
the respondents on instructions from the Chief
NC: 2024:KHC:27169 WP No. 14797 of 2024
Administrative Officer, who is present before this Court, submits that the petitioner's request would be considered strictly in accordance with law but within a reasonable time, and when queried on the time that would be required of such consideration, Sri. M. N. Kumar submits that the decision will be taken within an outer limit of eight [8] weeks from today.
Sd/JUDGE
RB
1 issue framed by the court
Whether the petitioner is entitled to upgradation of pay scale as Financial Advisor and Chief Accounts Officer retrospectively from July 2021.
Sri. Puran Kumar Agarwalla
The Union of India, Ministry of Heavy Industry
Central Manufacturing Technology Institute
B M SHYAM PRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
