Allowed

Smt. Poorani. R v. State of Karnataka

Karnataka HC19 Jun 2024WP/14820/2024

Case brief

AI extract

What is this about?

Retired employees of an aided school sought directions to authorities to decide their representations for time-bound advancement and stagnation increments. The court allowed the petition directing respondents to consider the representations within six months, noting similarly placed employees had received like treatment.

What did the court decide?

Respondents 1 and 2 to consider petitioners' representations (Annexures J, J1, J2) within six months; petitioners to file certified copy within two weeks.

Smt. Poorani. R Vs State of Karnataka — Pension and Retirement Benefits | Karnataka HC (2024)

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NC: 2024:KHC:21798 WP No. 14820 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19^TH DAY OF JUNE, 2024 BEFORE

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THE HON'BLE MR JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 14820 OF 2024 (S-RES)

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BETWEEN:

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SMT. POORANI. R W/O JAYAWANTH KUMAR AGED ABOUT 64 YEARS RETIRED ASST. MISTRESS FATHIMA GIRLS HIGH SCHOOL FRAZER TOWN, BANGLAORE R/O FLATNO. 103, SAVERIA OAKSWOOD 825, 8^TH MAIN, 2^ND D CROSS HRBR LAYOUT, 1^ST BLOCK KALYAN NAGAR BANGALORE 560 043.

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Digitally signed by ANAND N Location: HIGH COURT OF KARNATAKA

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SMT. SAGAYAMARY W/O R BASAVARAJA AGED ABOUT 64 YEAWRS RETIRED SECOND DIVISION ASSISTANT FATHIMA GIRLS HIGH SCHOOL FRAZER TOWN, BANGLAORE R/O 223, 8^TH D MAIN ROAD, HRBR LAYOUT, 1^ST BLOCK KALYAN NAGAR BANGALORE 560 043.

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SMT. Y PREMA W/O KANDAVELU AGED ABOUT 66 YEARS RETIRED PEON

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NC: 2024:KHC:21798 WP No. 14820 of 2024

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FATHIMA GIRLS HIGH SCHOOL FRAZER TOWN BANGALORE R/O 72, BILI SHIVALAYA NEAR BYRATHI BANGALORE 560 077

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…PETITIONERS

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(BY SRI. VIRUPAKSHAIAH P H.,ADVOCATE)

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AND:

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STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY EDUCATION DEPARTMENT (HIGHER SECONDARY EDUCATION), M.S. BUILDING BANGALORE 560 001.

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THE COMMISSIONER OF PUBLIC INSTRUCTIONS NRUPATHUNGA ROAD, BANGALORE 560 001.

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THE DIRECTOR OF PUBLIC INSTRUCTIONS DEPARTMETN OF SECONDARY EDUCATION NRUPATHUNGA ROAD, BANGALORE 560 001.

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THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS BANGALORE NORTH K G ROAD, BANGALORE 560 002.

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THE BLOCK EDUCATION OFFICER (BEO) NORTH RANGE III, KAMARAJ ROAD SHIVAJINAGAR, BANGALORE 560 042.

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…RESPONDENTS (BY SRI.NAVEEN CHANDRASHEKAR., AGA)

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NC: 2024:KHC:21798 WP No. 14820 of 2024

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENT AUTHORITIES MORE PARTICULARLY THE 3,4,5 RESPONDENT AUTHORITIES TO PASS APPROPRIATE ORDERS ON THE REPRESENTATIONS DATED 13.11.2020 VIDE ANNX-J, J1 AND J2 BY GRANTING TIME BOUND ADVANCEMENTS OF 15, 20 AND 25 YEARS IN FAVOUR OF P-1 TIME BOUND ADVANCEMENT OF 25 AND 30 YEARS AND STAGNATION INCREMENTS IN FAVOUR OF THE PETITIONER NO. 2 HEREIN AND TIME BOUND ADVANCEMENTS OF 25 AND 30 YEARS IN FAVOUR OF THE PETITONER NO. 3 HEREIN.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The petitioners have retired from services in an aided institution, and they have filed this petition for direction to the authorities to consider their representations [Annexures-J, J1 and J2] and grant Time-Bound Advancement for completing 15, 20 and 25 years as also the stagnation increment. The second and third petitioners’ case is that they must be paid such advancement for the next 5 years [30 years continuous]. The first petitioner is claiming relief as that of the second petitioner.

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NC: 2024:KHC:21798 WP No. 14820 of 2024

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Sri P.H.Virupakshaiah, the learned counsel for the petitioners, submits that in similar circumstances employees have approached this Court in W.P.No.29492/2018 and this Court has directed the authorities to consider the representations in a time bound manner. Sri P.H.Virupakshaiah also submits that the first respondent, consequent to this Court’s aforesaid order, has appointed the Drawing Officer for release of the Time-Bound Payment as also stagnation increment. Sri Naveen Chandrashekar, the learned Additional Government Advocate, who is called upon to accept notice for the respondents, is heard in the light of these submissions and records perused.

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This Court is of the considered view that if orders for appointment of Drawing Officer and for payment of Time-Bound Advancement/Stagnation Increment are issued in the cases in similarly placed persons, then the petitioners' representations must

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NC: 2024:KHC:21798 WP No. 14820 of 2024

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also be treated accordingly and appropriate decision

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must be taken within a time bound manner. Hence, the following:

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ORDER

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[i] The petition is allowed directing the first and the second respondents to consider the petitioners' representations [Annexures - J, J1 and

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J2] within a period of six months from the

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date of receipt of a certified copy of this order.

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[ii] The petitioners, to enable such consideration, shall be at liberty to file such certified copy within two weeks from the date of receipt thereof.

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SA ct:sr

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Sd/JUDGE

Smt. Poorani. R v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Smt. Poorani. R v. State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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