The High Court allowed a writ petition challenging the cancellation of regularization and subsequent stoppage of pension. The court set aside impugned orders and directed restoration of pension.
Order dated 30.01.2016 and 25.11.2016 set aside; respondents directed to restore pension payable as per order of 12.11.2008.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2024:KHC:32899 WP No. 65500 of 2016
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR JUSTICE R. NATARAJ WRIT PETITION NO. 65500 OF 2016 (S-RES)
BETWEEN:
SRI ZAHEER AHMED, S/O MOHAMMED AMEER, AGED ABOUT 67 YEARS, RESIDING AT NO.2548, 2ND STAGE, 2ND PHASE, RAJEEVNAGAR, MYSURU-570019. (SENIOR CITIZEN BENEFIT NOT CLAIMED)
…PETITIONER
(BY SRI SRINIVASA K, ADVOCATE)
AND:
Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA
…RESPONDENTS
(BY SRI GOPALAKRISHNA SOODI, AGA FOR R1, SRI HARSHA G, ADVOCATE FOR SRI SACHIN B S, ADVOCATE FOR R2 AND R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE IMPUGNED ORDER DATED 30.01.2016 PASSED BY R-2 VIDE ANNEX-E AND ALSO ORDER DATED 25.11.2016 ISSUED BY THE R-1 AT ANNEX-G TO WRIT PETITION.
THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE R. NATARAJ
ORAL ORDER
The petitioner has challenged the order dated 30.01.2016 bearing No. PÁ¤C:CªÀÄA:EJ¸ïn-1: ¢£ÀUÀÆ° 2008-09/368, passed by respondent No.2 as well as the letter bearing No.PV/CELL/R2/R 13633/2016-17/970, dated 25.11.2016 passed by respondent No.1, by which the pension payable to the petitioner was stopped. The petitioner has also sought writ of mandamus to direct respondent No.1 to continue to pay the pension to the petitioner as fixed by it vide order dated 12.11.2008.
NC: 2024:KHC:32899 WP No. 65500 of 2016
the request of the petitioner was considered, he attained the age of superannuation on 30.10.2007 after 22 years of continuous service.
NC: 2024:KHC:32899 WP No. 65500 of 2016
pension payable to him was credited to his Savings Bank Account.
unreasonable and did not stand to reason. He therefore prays that the petitioner also be granted the benefit as was granted in W.P.No.9474/2018 c/w W.P.No.7834/2016.
the fact that the petitioners in W.P.No.9474/2018 connected with W.P.No.7834/2016 were similarly placed as the petitioner in the present case.
ORDER
(i) The Writ Petition is allowed.
(ii) The order dated 30.01.2016 and 25.11.2016 passed by respondents No.2 and 1 respectively, referred in para (1) above are set aside.
NC: 2024:KHC:32899 WP No. 65500 of 2016
(iii) Respondents No.1 and 2 are directed to restore
the pension payable to the petitioner as per the
pension fixed on 12.11.2008.
Sd/(R. NATARAJ) JUDGE
GVP List No.: 1 Sl No.: 8
2 issues framed by the court
Whether the cancellation of regularization of daily wage employees' services without notice and justification can be sustained
Whether the order stopping the pension payment to the petitioner should be quashed
Colour shows how this judgement treated each authority
W.P.No.9474/2018 connected with W.P.No.7834/2016Explained¶36
SRI ZAHEER AHMED
THE PRINCIPAL ACCOUNTANT GENERAL KARNATAKA
THE DEPUTY COMMISSIONER AND THE EXECUTIVE OFFICER, MYSURU PALACE BOARD
THE DEPUTY DIRECTOR MYSURU PALACE BOARD
R. NATARAJ
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
