Allowed

Sri C G Badrinath v. the State of Karnataka

Karnataka HC14 Mar 2024WP/6463/2024

Case brief

AI extract

What is this about?

Retired aided-college lecturers challenged a circular ordering recovery of house rent allowance granted to them and sought refund of HRA and CCA recovered. Following a Coordinate Bench decision covering identical facts, the court quashed the circular to the extent of the petitioners and directed refund of HRA recovered within three months.

What did the court decide?

Circular at Annexure-R quashed as regards petitioners; respondents to refund HRA recovered from petitioners 1-3 after verifying quantum, within three months.

Sri C G Badrinath Vs the State of Karnataka — Pension and Retirement Benefits | Karnataka HC (2024)

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NC: 2024:KHC:10468 WP No. 6463 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14^TH DAY OF MARCH, 2024

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BEFORE

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THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 6463 OF 2024 (S-RES)

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BETWEEN:

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SRI. C. G. BADRINATH, S/O LATE C. R. GOPINATH, AGED ABOUT 60 YEARS, RETD. ASSOCIATE PROFESSOR IN PHYSICS VIJAYA COLLEGE, R/AT NO.881, 28th MAIN JAYANAGAR 9th BLOCK, BENGALURU - 560 069.

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SMT. RADHIKA R, D/O LALE DAMAODARAN, AGED ABOUT 60 YEARS, RETD. ASSOCIATE PROFESSOR IN CHEMISTRY VIJAYA COLLEGE, R/AT NO. 506/A, AMARJYOTHI APARTMENTS, NO. 85, KANAKAPURA ROAD, JAYANAGAR 6th BLOCK, BENGALURU - 560 070.

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Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA

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SRI. H. N. SHIVANANJAIAH, S/O LATE NANJUNDAPPA, AGED ABOUT 60 YEARS, RETD. ASSOCIATE PROFESSOR IN CHEMISTRY VIJAYA COLLEGE, R/AT NO. 123, 2nd CROSSS, 1^ST A MAIN, ISRO LAYOUT,

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NC: 2024:KHC:10468 WP No. 6463 of 2024

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BENGALURU - 560 078.

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SMT. NUSRATH JABEEN, D/O MOHAMMED BHUDHAN KHAN, AGED ABOUT 58 YEARS, W/AS ASSOCIATE PROFESSOR IN PHYSICS, GOVERNMENT FIRST GRADE COLLEGE, VIJAYANAGAR, BENGALURU - 560 040.

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SRI. NAVEED AHMED, S/O LATE ABDUL MALIK, AGED ABOUT 58 YEARS, W/AS LIBRARIAN IN VIJAYA COLLEGE, JAYANAGAR, BENGALURU - 560 079.

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…PETITIONERS

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(BY SRI. NANJA REDDY P.N, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, EDUCATION DEPARTMENT, (HIGHER EDUCATION), DR. AMBEDKAR VEEDHI, BENGALURU - 560 001.

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THE COMMISSIONER FOR COLLEGIATE AND TECHNICAL EDUCATION, K.R CIRCLE, BENGALURU - 560 001.

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THE DIRECTOR FOR COLLEGIATE AND TECHNICAL EDUCATION, K.R CIRCLE, BENGALURU - 560 001.

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THE JOINT DIRECTOR FOR COLLEGIATE AND TECHNICAL EDUCATION, PALACE ROAD, BENGALURU - 560 001.

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…RESPONDENTS

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(BY SMT. B. SUKANYA BALIGA, AGA)

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3 - NC: 2024:KHC:10468 WP No. 6463 of 2024

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THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE CIRCULAR BEARING NO. CED.38. OTHER. 2021-22 VA AND IN DATED 6.1.22 (ANNEXURE-R) ISSUED BY THE R2 IN SO FAR AS THE PETITIONERS IS CONCERNED AS THE SAME IS ILLEGAL. ARBITRARY AND CONTRARY TO THE JUDGEMENT OF THE HONBLE APEX COURT REFERRED TO ABOVE AND ETC.,

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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 captioned petition is filed assailing the impugned circular issued by respondent No.2, whereby the authorities have resolved to recover House Rent Allowance (for short, 'HRA') granted to the petitioners. The petitioners No.1 to 3 are also seeking mandamus against the respondents to refund HRA and CCA allowance recovered from the petitioners.

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The learned counsel for the petitioner has placed reliance on the judgment rendered by the Coordinate Bench on this issue. The Co-ordinate Bench, in W.P.No.7871/2022 c/w W.P.No.4813/2022, taking

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4 - NC: 2024:KHC:10468 WP No. 6463 of 2024

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cognizance of the law laid down by the Apex Court in the

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case of State of Punjab and Others vs. Rafiq Mashith (White Washer) and others reported in (2015) 4 SCC

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334 , held that lecturers of aided college dehors deputation are entitled for HRA. The said issue is given quietus by the Co-ordinate Bench in a batch of petitions. The facts in the present case on hand are identical and squarely covered

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by the judgment rendered by the Co-ordinate Bench relating to the entitlement of HRA by aided lecturers, who are sent on deputation.

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In that view of the matter, the impugned

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circular is not sustainable and is liable to be set aside. For the reasons stated supra, this Court proceeds to pass the following:

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ORDER

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i. The writ petition is allowed;

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5 - NC: 2024:KHC:10468 WP No. 6463 of 2024

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Annexure-R, insofar as petitioners are concerned, is hereby quashed;

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iii. The respondents are hereby directed to refund the HRA allowance recovered from petitioners No.1 to 3;

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iv. The refund shall be made after verifying the quantum that is recovered from the petitioners and this exercise shall be completed by the respondents within an outer limit of three months from the date of receipt of certified copy of this order.

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Sd/JUDGE

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HDK

Sri C G Badrinath v. the State of Karnataka

Case brief

What is this about?

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Sri C G Badrinath v. the State of Karnataka

Case brief

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