Disposed

Sri P M Koppad v. State of Karnataka

Karnataka HC3 Jul 2024WP/5533/2013

Case brief

AI extract

What is this about?

A retired Physical Instructor sought release of pension, gratuity and commutation withheld over an anonymous complaint of misstated date of birth. No criminal or departmental proceedings were initiated despite earlier orders. The Court directed disbursement of all retiral benefits.

What did the court decide?

Direction to respondents 3 and 6 to disburse all retiral benefits subject to provisional pension orders; petitioner may submit representation within two weeks, settlement details within two months.

Sri P M Koppad Vs State of Karnataka — Pension and Retirement Benefits | Karnataka HC (2024)

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NC: 2024:KHC:24969 WP No. 5533 of 2013

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 3^RD DAY OF JULY, 2024 BEFORE

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THE HON'BLE MR JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 5533 OF 2013 (S-R)

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BETWEEN:

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SRI P M KOPPAD AGED ABOUT 61 YEARS SON OF LATE MURIGEPPA OCC: RETIRED PHYSICAL INSTRUCTOR H.K.E.S. SRI VEERENDRA PATIL COLLEGE, SADASHIVANAGAR BANGALORE-560080 RESIDING AT NO. 1165, 17TH MAIN "A" BLOCK, SAHAKARNAGAR BANGALORE-560092.

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…PETITIONER

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(BY SRI. P A KULKARNI.,ADVOCATE)

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AND:

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Digitally signed by NARASIMHA MURTHY VANAMALA Location: HIGH COURT OF KARNATAKA

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STATE OF KARNATAKA TO BE REPRESENTED BY ITS SECRETARY EDUCATION DEPARTMENT M S BUILDINGS BANGALORE-560001.

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COMMISSIONER FOR PRE-UNIVERSITY EDUCATION GOVERNMENT OF KARNATAKA 18^TH CROSS, MALLESWARAM BANGALORE-560012.

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NC: 2024:KHC:24969 WP No. 5533 of 2013

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COMMISSIONER OF COLLEGIATE EDUCATION, PALACE ROAD BANGALORE-560001.

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JOINT DIRECTOR OF COLLEGIATE EDUCATION NO.5 KALIDASA ROAD BANGALORE -560 009.

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DEPUTY DIRECTOR FOR PRE-UNIVERSITY EDUCATION BANGALORE NORTH DISTRICT GOVERNMENT PU COLLEGE FOR BOYS COMPOUND 18^TH CROSS, MALLESWARAM BANGALORE-560012.

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ACCOUNTANT GENERAL IN KARNATAKA (A & E) PARK HOUSE ROAD BANGALORE-560001.

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HYDERABAD KARNATAKA EDUCATION SOCIETY GULBARGA-585 102 TO BE REPRESENTED BY ITS PRESIDENT.

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H.K.E.S. SRI VEERENDRA PATIL COLLEGE 11^TH CROSS, 1^ST MAIN RAJ MAHAL VILAS EXTENSION SADASHIVNAGAR, BANGALORE-560080 BY ITS PRINCIPAL.

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…RESPONDENTS

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(BY SRI. GOPALA KRISHNA SOODI., AGA FOR R1 TO R6; R7 AND R8 ARE SERVED)

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NC: 2024:KHC:24969 WP No. 5533 of 2013

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THIS W.P. IS FILED UNDER ARTICLES 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CAUSE RELEASE OF PETITIONER'S PENSION AND OTHER TERMINAL BENEFITS DUE TO HIM FORTHWITH ALONG WITH ENTITLED INTEREST ON DELAYED PAYMENT; DIRECT THE RESPONDENTS TO ABANDON THE ACTION TO INITIATE CRIMINAL ACTION AGAINST THE PETITIONER INDICATED IN R-2 LETTER DATED 24-5/23.6.2012 ADDRESSED TO R-7 INSTITUTE AS AT ANNEXURE-L AND IN LETTER DATED 6.9.2012 ISSUED BY THE R-3 TO R-8 COLLEGE PRINCIPAL AS AT ANNEXURE-M.

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

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ORDER

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The petitioner is appointed as a Physical Instructor with the seventh respondent, and this post is undisputedly admitted to salary grant. The petitioner has retired from service upon attaining the age of superannuation [60 years] on 31.08.2011 after completing thirty-six years of service. The petitioner has called in question the second respondent's Communication dated 23.06.2012 [Annexure-L] and

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NC: 2024:KHC:24969 WP No. 5533 of 2013

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the third respondent's Communication dated 06.09.2012 [Annexure-M]. These Communications have been addressed to the seventh and eighth respondents respectively to lodge a criminal complaint against the petitioner on the ground that he has deliberately misrepresented his date of birth.

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This Court, by a detailed Order dated 08.02.2013 in this petition, has refused the petitioner's request for interim order staying further proceedings pursuant to the afore impugned annexures and for release of provisional pension. This Court's order is carried in an intra-Court appeal

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in Writ Appeal No.1616/2013. This appeal is disposed of on 18.04.2013 without granting any interim order but taking on record the statement on behalf of the Government to pay provisional pension.

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The petitioner is being paid provisional pension, but gratuity and commutation value of pension is withheld.

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NC: 2024:KHC:24969 WP No. 5533 of 2013

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Sri P A Kulkarni, the learned counsel for the petitioner, submits that despite this Court's refusal to grant interim order, the Authorities have initiated neither criminal proceedings nor departmental proceedings to ascertain the veracity of allegations, which is based on an anonymous complaint that the petitioner has deliberately suppressed his true date of birth. The learned counsel emphasizes that if action is not taken in all these years, definitely, departmental proceedings cannot be initiated given the provisions of Rule 214[2][b] of the Karnataka Civil Services Rules, 1957.

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Sri Gopala Krishna Soodi, the learned Additional Government Advocate, on the other hand, submits that insofar as the petitioner's age, his SSLC marks sheet must be decisive and according to this mark sheet, the petitioner was born on 01.03.1950 but he has wrongly mentioned his Date of Birth as 31.08.1951. The learned Additional Government

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NC: 2024:KHC:24969 WP No. 5533 of 2013

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Advocate submits that this Court, must therefore, pass just orders in the light of the provisions as regards the proof of date of birth.

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This Court must observe that if the respondents wanted to pursue the course of action as is indicated in the impugned Communications, they should have acted timely and definitely immediately after this Court's Order dated 08.02.2013, and in any event immediately after the Orders of the Division Bench on 18.04.2013 in the aforesaid intra-Court Appeal. If action was initiated for initiation of departmental proceedings, there would be some justification for denial of retiral benefits to which the petitioner is entitled. The respondents have not initiated any proceedings either penal or departmental. As such, the question for consideration would be whether at this length of time, this Court must enable the continuation of the arrangement as is prevailing today or order for payment of gratuity

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NC: 2024:KHC:24969 WP No. 5533 of 2013

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and commutation of pension. The answer is obvious, and this Court must observe that any action pursuant to the impugned Communications will only be futile. Hence, the following:

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ORDER

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[a] The petition stands disposed of.

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[b] The third and sixth respondents are called upon to take appropriate action for disbursement of all retiral benefits to the petitioners subject to the provisional pension orders that are made.

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[c] The petitioner is reserved with liberty to file a representation along with a certified copy of this order with the aforesaid respondents within two [2] weeks from the date of receipt of such order.

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[d] The third and sixth respondents are directed to communicate the details of settlement within a period of two [2]

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8 - NC: 2024:KHC:24969 WP No. 5533 of 2013

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months from the date of such

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representation.

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Sd/JUDGE

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AN/-

Sri P M Koppad v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri P M Koppad v. State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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