Disposed

V Taranath v. State of Karnataka

Karnataka HC10 Sept 2024WP/19433/2024

Case brief

AI extract

What is this about?

The High Court of Karnataka disposed of a writ petition seeking terminal benefits and pension for a retired employee whose anti-corruption proceedings were dropped. The Court directed respondents to release benefits and process pension papers within three months without awaiting government orders.

What did the court decide?

Respondents directed to release retirement benefits and process pension papers within three months of order receipt; body authority cannot await State Government orders for fixation of pension.

V Taranath Vs State of Karnataka — Pension and Retirement Benefits | Karnataka HC (2024)

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1 - NC: 2024:KHC:37084 WP No. 19433 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 10^TH DAY OF SEPTEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE R. NATARAJ WRIT PETITION NO. 19433 OF 2024 (S-RES)

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BETWEEN:

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V. TARANATH S/O SRI. C. VENKATARAMANAPPA, AGED ABOUT 61 YEARS WORKING AS WELFARE OFFICER, BRUHAT BENGALURU MAHANAGARA PALIKE, R/AT NO.3778, 2A CROSS, CAUVERY ROAD, 4^TH PHASE, GIRINAGAR, BENGALURU-560085.

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…PETITIONER

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(BY SRI. SUBRAMANYA R., ADVOCATE)

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AND:

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STATE OF KARNATAKA REP. BY ADDL. CHIEF SECRETARY URBAN DEVELOPMENT DEPARTMENT, M.S. BUILDING, BENGALURU-560001.

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Digitally signed by MARKONAHALLI RAMU PRIYA Location: HIGH COURT OF KARNATAKA

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THE BRUHAT BENGALURU MAHANAGARA PALIKE REP. BY ITS CHIEF COMMISSIONER, N.R. SQUARE, BENGALURU-560002.

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DEPUTY COMMISSIONER (ADMINISTRATION) BRUHAT BENGALURU MAHANAGARA PALIKE, N.R. SQUARE, BENGALURU-560002.

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THE ACCOUNTANT GENERAL (A AND E) POST BOX NO.5369, RESIDENCY PARK ROAD, BENGALURU-560001.

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…RESPONDENTS (BY SRI. PRINCE ISAC, ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NO.1;

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2 - NC: 2024:KHC:37084 WP No. 19433 of 2024

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SRI. B.L.SANJEEV, ADVOCATE FOR RESPONDENT NOS.2 AND 3; VIDE ORDER DATED 29.07.2024 NOTICE TO RESPONDENT NO.4 IS DISPENSED WITH)

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THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO PAY THE TERMINAL BENEFITS COUNTING HIS ENTIRE LENGTH OF SERVICE FROM 17.07.1987 TO 31.01.2022 ALONGWITH INTEREST AS PER THE DIRECTIONS OF THIS HON'BLE COURT IN WP NO.22532/2021 VIDE ORDER DATED 05.07.2023 (ANNEXURE-A).

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R. NATARAJ

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ORAL ORDER

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The petitioner has sought for the following relief:-

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"(a) Issue appropriate Writ, Order directing the Respondents to pay the terminal benefits counting his entire length of service from 17.07.1987 to 31.01.2022 along with interest as per the directions of this Hon'ble Court in W.P.No.22532/2021 vide Order dated 05.07.2023 (Annexure - A)."

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The petitioner contends that while he was in service as Assistant Revenue Officer at Banashankari, certain proceedings were initiated against him and others on the basis

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3 - NC: 2024:KHC:37084 WP No. 19433 of 2024

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of a complaint lodged by one Mr. N.R. Ramesh, dated 13.11.2019. The respondent No.1, passed an order dated 23.04.2021 and granted sanction under Section 17A of the Prevention of Corruption Act, 1988 authorizing the erstwhile Anti Corruption Bureau to investigate the matter involving the petitioner. This order was challenged before this Court in W.P.No.22532/2021. This Court in terms of the order dated 05.07.2023 allowed the writ petition and set aside the order dated 23.04.2021 in so far as the petitioner is concerned and held that the petitioner is entitled to all the benefits. The petitioner contends that following this order, the respondent No.2 by its communication dated 27.06.2024 dropped the petitioner from the investigation and proceeded to investigate the allegations in so far as others were concerned. The petitioner contends that he retired from service on 31.01.2022. Though the provisional pension was sanctioned by the respondent No.1, the same was withheld under Rule 214(1)(a) of the Karnataka Civil Services Rules, 1958. The petitioner contends that in view of the order passed by this Court in the aforesaid writ petition, the respondents were bound to settle

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4 - NC: 2024:KHC:37084 WP No. 19433 of 2024

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the retirement benefits and also the pension. Since that is not

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done, the petitioner is before this Court in this writ petition.

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The learned counsel for the petitioner reiterated the aforesaid contentions and prayed that suitable direction be issued to the respondents to release the terminal benefits and also process the pension papers of the petitioner for passing appropriate orders.

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The learned counsel for respondent Nos.2 and 3 has

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filed a memo dated 13.08.2024, which reads as follows:-

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"The advocate appearing for the respondent No.2 and 3 respectfully submits as follows:

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These respondents submit that the petitioner in the above case was one of the charge sheeted employees and was facing enquiry before the AntiCorruption Bureau along with other employees of the Corporation.

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It is submitted that the petitioner had approached this Hon'ble Court in WP No.22532/2021 and this Hon'ble Court by order dated 05/07/2023 was pleased to set aside the order dated 23/04/2021 and further had directed this respondent that in view of the order dated 23/04/2021 being set aside, the

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5 - NC: 2024:KHC:37084 WP No. 19433 of 2024

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petitioner herein would be entitled for all the benefits payable to the petitioner.

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The competent authority on receipt of the order passed by this Hon'ble Court on 05/07/2023 has written a letter dated 27/06/2024 informing to drop the petitioner from the said proceedings. The copy of the written letter dated 27/06/2024 is herewith produced for the perusal of this Hon'ble Court.

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These respondents further submit that in view of the above order, these respondents will consider to release the benefits payable to the petitioner in accordance with law once the Respondent No. 1 concur to drop the enquiry proceedings against the petitioner.

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In view of the above, these respondents respectfully pray before this Hon'ble Court be pleased to consider the order dated 27/06/2024 and be pleased to pass orders, in the interest of justice and equity."

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In view of the memo filed by the learned counsel for respondent Nos.2 and 3, nothing remains to be considered in this writ petition.

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NC: 2024:KHC:37084 WP No. 19433 of 2024

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Consequently, this writ petition is disposed off directing the respondents to release the retirement benefits payable to the petitioner in accordance with law and also process the papers of the petitioner for passing appropriate orders regarding pension etc., This shall be done within a period of three months from the date of receipt of a certified copy of this Order. It is needless to mention that the respondent No.2 shall not await the orders of the State Government to process the retirement benefit of the petitioner and for fixation of the pension.

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Sd/(R. NATARAJ) JUDGE

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PMR

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List No.: 1 Sl No.: 48

V Taranath v. State of Karnataka

Case brief

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V Taranath v. State of Karnataka

Case brief

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