Allowed

Sri Mallangouda v. Department of Finance

Karnataka HC9 Jan 2024WP/22094/2023

Case brief

AI extract

What is this about?

A serving District Judge challenged a recovery notice issued for excess pay allegedly fixed inadvertently. Pending the petition, the Finance Department resolved to continue three advance increments to judicial officers under the revised pay matrix, subject to the Supreme Court's final orders on allowances. The recovery notice was quashed accordingly.

What did the court decide?

Impugned communication dated 23.05.2023 (Annexure-N) issued by respondent No.5 quashed; liberty reserved to authorities subject to outcome before the Apex Court.

Sri Mallangouda Vs Department of Finance — Pension and Retirement Benefits | Karnataka HC (2024)

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NC: 2024:KHC:1106 WP No. 22094 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 9^TH DAY OF JANUARY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 22094 OF 2023 (S-RES)

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BETWEEN:

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SRI MALLANGOUDA

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SON OF SANNABASANAGOUDA AGED ABOUT 51 YEARS PRESENTLY WORKING AS IV ADDITIONAL DISTRICT AND SESSIONS JUDGE MYSURU.

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…PETITIONER

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(BY MS. GEETHA R SHINDHE, ADVOCATE FOR SRI. SADAPPA NAIKAR, ADVOCATE)

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AND:

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Digitally signed by ALBHAGYA

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Location: HIGH COURT OF KARNATAKA

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DEPARTMENT OF FINANCE GOVERNMENT OF KARNATAKA ROOM NO 255, VIDHANA SOUDHA BENGALURU 560 001 REP BY ADDITIONAL CHIEF SECRETARY.

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DEPARTMENT OF FINANCE (EXPENDITURE) GOVERNMENT OF KARNATAKA VIDHANA SOUDHA, BENGALURU 560 001 REP. BY SECRETARY.

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FINANCE DEPARTMENT (SERVICES-2) GOVERNMENT OF KARNATAKA VIDHANA SOUDHA BENGALURU – 560 001 REP BY UNDER SECRETARY.

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2 - NC: 2024:KHC:1106 WP No. 22094 of 2023

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DEPARTMENT OF LAW JUSTICE AND HUMAN RIGHTS VIDHANA SOUDHA DR AMBEDKAR VEEDHI BENGALURU – 560 001 REP BY PRINCIPAL SECRETARY.

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OFFICE OF PRINCIPAL ACCOUNTANT GENERAL (A AND E), KARNATAKA, BENGALURU-560 001 REP. BY ITS SENIOR ACCOUNT OFFICER

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THE PRINCIPAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU

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(IMPLEADED VIDE ORDER DATED 04.10.2023)

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…RESPONDENTS

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(BY SRI. B RAVINDRANATH, AGA FOR R1 TO R4; SRI. N AMARESH, ADVOCATE FOR R5 R6 SERVED)

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THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED COMMUNICATION DATED 23.05.2023 ISSUED BY THE R5 BEARING NO.GE 13/14/2023-24/111 AT ANNEXURE-N ISSUED TO THE PETITIONER IN SO FAR AS THE REMARK FOR TAKING SUITABLE ACTION TO RECOVER/ADJUST THE EXCESS PAID AS BEING VIOLATIVE AND MANIFESTLY ARBITRARY AND ETC.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The captioned petition is filed assailing the impugned communication issued by respondent No.4 wherein

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precipitative action is initiated on the ground that the pay

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*Page No.2 Retyped and Replaced vide Chamber order Dated:29.01.2024

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3 - NC: 2024:KHC:1106 WP No. 22094 of 2023

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fixation in respect of the petitioner is fixed inadvertently w.e.f. 1.1.2018 and therefore, under the impugned endorsement vide Annexure-N, the authority has resolved to initiate recovery proceedings to adjust the excess amount paid to the petitioner.

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The learned counsel appearing for respondent No.5 has placed on record the order passed by the Deputy Accountant General dated 2.1.2024 as well as the letter dated 28.12.2023 of the Principal Secretary to Government, Law, Justice and Human Rights Department, wherein there is a reference to the opinion of the Finance Department vide Note No.FD 32 SRP 2022 dated 26.12.2023. Referring to these two documents, he would point out that the Finance Department vide order dated 26.12.2023 in the light of the recommendations of the FNJPC has resolved that the grant of advance increment to the judicial officers as provided in the G.O.dated 4.12.2008 be continued in the 2016 Revised Pay Matrix w.e.f. 1.1.2016 subject to the final orders of the State

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4 - NC: 2024:KHC:1106 WP No. 22094 of 2023

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Government to be issued after the final orders of the Hon’ble Apex Court on revision of allowances. Pursuant to the order passed by the Finance Department, the Deputy Accountant General has also vide communication dated 27.12.2023/2.1.2024 has resolved to extend/continue the

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benefit of three advance increments subject to the decision of the Hon’ble Apex Court.

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In the light of the stand taken by the Finance Department and the consequent communication issued by the Deputy Accountant General, the impugned communication/recovery notice issued by respondent No.5 vide Annexure-N does not survive for consideration and the same is liable to be quashed by this Court.

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Accordingly, I proceed to pass the following:

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ORDER

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(i) The writ petition is allowed.

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(ii) The impugned notification communication dated 23.5.2023 issued by respondent No.5 is hereby quashed.

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NC: 2024:KHC:1106 WP No. 22094 of 2023

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(iii) However, this order would not come in the way of respondents-authorities in taking action, which would be subject to the out come of the lis pending before the

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Apex Court.

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Sd/JUDGE

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ALB CT-NJ List No.: 1 Sl No.: 44

Sri Mallangouda v. Department of Finance

Case brief

What is this about?

What did the court decide?

Sri Mallangouda v. Department of Finance

Case brief

What is this about?

What did the court decide?

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