Allowed

Premalata M Betageri v. State of Karnataka

Karnataka HC28 Mar 2024WP/4496/2024

Case brief

AI extract

What is this about?

A retired Commercial Tax Department employee sought disbursal of her revised pension after the original Revised Sanction Pension was lost between treasury officials. The AGA admitted the certified copy's authenticity; the Court directed the bank to accept the intimation letter and pay the pension with arrears.

What did the court decide?

Bank directed to accept intimation letter dated 19.05.2023 (Annexure-L) and disburse revised pension with arrears within two weeks.

Premalata M Betageri Vs State of Karnataka — Pension and Retirement Benefits | Karnataka HC (2024)

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1 - NC: 2024:KHC:12945 WP No. 4496 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 28^TH DAY OF MARCH, 2024

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BEFORE

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THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM

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WRIT PETITION NO.4496 OF 2024 (S-RES)

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BETWEEN:

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PREMALATA M BETAGERI W/O LATE VASANTH AGED ABOUT 65 YEARS RETIRED STENOGRAPHER OFFICE OF THE COMMERCIAL TAX OFFICER (ENFORCEMENT) SAGAR, SHIVAMOGGA R/AT NO.127/7(2), S.N.NAGAR, 1^ST CROSS SAGAR, SHIVAMOGGA DISTRICT - 57401 (SENIOR CITIZEN BENEFIT NOT CLAIMED)

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…PETITIONER

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(BY SRI. R. KIRAN, ADVOCATE)

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Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA

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AND:

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STATE OF KARNATAKA REPRESENTED BY ADDITIONAL COMMISSIONER OF COMMERCIAL TAX (HQ-II) COMMERCIAL TAXES DEPARTMENT VANIJYA THERIGE KARYALAYA - 1 3^RD FLOOR, GANDHINAGAR BENGALURU – 560009

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COMMERCIAL TAX OFFICER (ENFORCEMENT) SAGAR, SHIVAMOGGA DISTRICT

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2 - NC: 2024:KHC:12945 WP No. 4496 of 2024

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KAGODU THIMMAPPA LAYOUT

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SAGAR - 577 407

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THE PRINCIPAL ACCOUNTANT GENERAL O/O THE ACCOUNTANT GENERAL (A & E) KARNATAKA P.B.NO.5329/5369, ANNEXE BUILDING PARK HOUSE ROAD BENGALURU – 577201

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DEPUTY DIRECTOR DISTRICT TREASURY OFFICE SHIVAMOGGA NEAR OLD D.C.OFFICE BALRAJ URS ROAD

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SHIVAMOGGA - 577 201

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ASSISTANT DIRECTOR SUB TREASURY OFFICE SAGARA ACHARYA SANKEERNA JOSEPH NAGARA

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SAGARA – 577401

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BRANCH MANAGER STATE BANK OF INDIA VARADA ROAD

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SAGARA – 577401

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…RESPONDENTS

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(BY SMT.B.SUKANYA BALIGA, AGA FOR R.1 TO 5; SRI.T.P.MUTHANNA, ADVOCATE FOR R.6)

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THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.3 TO FORWARD THE REVISED SANCTION OF PENSION NO.PV12/2/1521323738/2091969890/351699/

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3 - NC: 2024:KHC:12945 WP No. 4496 of 2024

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351699 DATED 03.11.2021 AT ANNEXURE-E TO THE R.4 AND ETC.

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

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ORDER

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The retired employee of Commercial Tax

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Department is compelled to knock the doors of the writ Court on account of pure dereliction of duty between Officials of respondent No.3 and respondent No.5.

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The petitioner has attained age of

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superannuation on 30.09.2019. Respondent No.2, who has recommended to grant additional weightage of two years of service, based on the Revised Sanction Pension, which was issued by respondent No.3 fixing qualifying service of 27 years 5 months 8 days, pension was re-fixed at Rs.20,763/- per month. Respondent No.4 issued a communication to respondent No.3 to submit copy of Revised Sanction Pension.

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4 - NC: 2024:KHC:12945 WP No. 4496 of 2024

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Though original copy of Revised Sanction

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Pension was dispatched by respondent No.3, respondent No.4 claims that he has not received original copy. It is borne out from records that on account of laxness and irresponsible behavior of the Officials, the original Revised Sanction Pension is lost either by respondent No.5 or respondent No.4. This action of respondents has caused serious prejudice to petitioner’s right to seek revised pension in terms of recommendation made by respondent No.2.

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Learned AGA, on instructions, acknowledges

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true copy of the Revised Sanction Pension, which is placed at Annexure – L and the same is addressed to respondent No.6 – Bank to enable the Branch Manger to disburse the sanction in terms of the recommendation.

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Adding to the petitioner’s current state of

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helplessness, the Bank - respondent No.6, who has received the certified copy of Revised Sanction Pension,

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5 - NC: 2024:KHC:12945 WP No. 4496 of 2024

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however, is denying to implement on the premise that petitioner has failed to place on record original copy issued by respondent No.3.

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In the light of the statement made by the learned AGA admitting authenticity of Annexure – L, respondent No.6 – Bank is hereby directed to accept intimation letter dated 19.05.2023 as per Annexure-L.

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Respondent No.3 has not disputed its veracity

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and on the contrary, has acknowledged it to be a true copy of original, which was in fact lost on account of internal communication between respondent No.3 to respondent No.5.

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For the foregoing reasons, this Court proceeds

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to pass the following;

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ORDER

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(i) The writ petition is allowed in part.

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NC: 2024:KHC:12945 WP No. 4496 of 2024

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(ii) Respondent No.6 shall accept intimation letter dated 19.05.2023 as per Annexure-L and accordingly, disburse revised sanction pension to the petitioner along with arrears within a period of two weeks from the date of receipt of order copy.

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(iii) Pending applications, if any, are also disposed off.

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Sd/JUDGE

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NBM List No.: 1 Sl No.: 5

Premalata M Betageri v. State of Karnataka

Case brief

What is this about?

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Premalata M Betageri v. State of Karnataka

Case brief

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