Dismissed

Srikanth S/O. Parameshwarappa Honnali v. the State of Karnataka

Karnataka HC4 Jul 2024WP/75023/2013

Case brief

AI extract

What is this about?

Petitioners seeking revision of pay and pension benefits retired before April 1, 2012. Relying on a coordinate bench judgment, the court held that cutoff dates apply and dismissed the petitions as not maintainable.

What did the court decide?

No relief granted; petition dismissed as benefits were not available to petitioners due to retirement before the cutoff date.

Srikanth S/O. Parameshwarappa Honnali Vs… — Pension and Retirement Benefits | Karnataka HC (2024)

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1 - NC: 2024:KHC-D:9171 WP No. 75023 of 2013 C/W WP No. 79694 of 2013

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 4^TH DAY OF JULY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE M.G.S. KAMAL

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WRIT PETITION NO.75023 OF 2013(S-R) C/W WRIT PETITION NO.79694 OF 2013

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IN WP.NO.75023/2013:

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BETWEEN:

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SRIKANTH S/O. PARAMESHWARAPPA HONNALI, AGED ABOUT 61 YEARS, RETIRED SHERISTEDAR DISTRICT AND SESSION COURT, GADAG, R/O: SHARANABASAVESHWAR NAGAR, KANAGINAHAL ROAD, BETAGERI, GADAG.

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Digitally signed by V N BADIGER Location: High Court of Karnataka

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MURARIGOWDA S/O. SHIVANAGOUDA PATIL, AGE: 61 YEARS, RETIRED ASSISTANT MASTER, SRI KOTTURESHWAR CPU COLLEGE, GANGAVATHI, R/O: KUMAR RAM BADAVANA NEAR VALMIKI CIRCLE, GANGAVATHI, DIST: KOPPAL.

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RAMAPPA S/O. SHIVAPPA KAVADIKAI, AGE: 61 YEARS, RETIRED PEON CUM SWEEPER, SRI RAMAKRISHNASHRAM S.R.A.G.A. ADEAD HIGH SCHOOL, HULKOTI, GADAG TALUK DIST: GADAG, R/O: JANATA PLOT, HULKOTI TQ AND DIST: GADAG.

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…PETITIONERS

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(BY SRI RAGHUVEER R. SATTIGERI, ADVOCATE FOR SRI G.B.SHSTRY, ADVOCATE)

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AND:

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NC: 2024:KHC-D:9171 WP No. 75023 of 2013 C/W WP No. 79694 of 2013

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THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF FINANCE, VIDHANA SOUDHA, BANGALORE – 560 001.

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THE CHIEF SECRETARY, GOVERNMENT OF KARNATAKA, VIDHANA SOUDHA, BANGALORE – 560 001.

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THE SPECIAL OFFICER AND EX OFFICIO, DEPUTY SECRETARY, FINANCE DEPARTMENT (PENSION), MULTISTORIED BUILDING, BANGALORE – 560 001.

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THE ACCOUNTANT GENERA,L (A AND E ) GOVERNMENT OF KARNATAKA, P.B. NO. 5369 PARK HOUSE ROAD, BANGALORE – 560 001.

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…RESPONDENTS

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(BY SRI SHIVAPRABHU S. HIREMATH, AGA FOR R1 TO R4)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A WRIT OF CERTIORARI OR ANY OTHER WRIT QUASHING THE GOVERNMENT ORDER NO.AA EE (SPECIAL) 81 PEN 2012 DATED 03/05/2012 ISSUED BY THE 3^RD RESPONDENT HEREIN PRODUCED AT ANNEXURE-D AND ETC.,

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IN WP.NO.79694/2013:

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BETWEEN:

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NEELAKANTHAGOUDA S/O. MARIGOUDA PATIL, AGE: 61 YEARS, OCC: RETIRED HEAD MASTER, R/O. PLOT NO. 407/B-26, RAJEEB GANDHI NAGAR ROAD, ISHWAR LAYOUT, GADAG TQ AND DIST: GADAG – 582 102.

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…PETITIONER (BY SRI RAGHUVEER R. SATTIGERI, ADVOCATE FOR SRI G.B.SHASTRY, ADVOCATE)

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3 - NC: 2024:KHC-D:9171 WP No. 75023 of 2013 C/W WP No. 79694 of 2013

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AND:

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THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY TO FINANCE DEPARTMENT, VIDHANA SOUDHA, BANGALORE – 560 001.

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THE CHIEF SECRETARY, GOVERNMENT OF KARNATAKA, VIDHANA SOUDHA, BANGALORE – 560 001.

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THE SPECIAL OFFICER AND EX OFFICIO, DEPUTY SECRETARY, FINANCE DEPARTMENT (PENSION), MULTISTORIED BUILDING, BANGALORE – 560 001.

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THE ACCOUNTANT GENERAL, (A AND E) GOVERNMENT OF KARNATAKA, P.B. NO. 5369, PARK HOUSE ROAD, BANGALORE – 560 001.

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…RESPONDENTS

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(BY SRI SHIVAPRABHU S. HIREMATH, AGA FOR R1 TO R4)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A WRIT OR CERTIORARI OR ANY OTHER WRIT QUASHING THE GOVERNMENT ORDER DTD.03.05.2012 ISSUED BY THE 3^RD RESPONDENT HEREIN PRODUCED AT ANNEXURE-D. ISSUE A WRIT OR CERTIORARI OR ANY OTHER WRIT QUASHING THE ORDER/ENDORSEMENT DTD.30.08.2012 MADE IN NO. AA. EE(V) 158 PEN 2012 PASSED BY THE 3^RD RESPONDENT PRODUCED AT ANNEXURE-G AND ETC.,

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THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING - B GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

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4 - NC: 2024:KHC-D:9171 WP No. 75023 of 2013 C/W WP No. 79694 of 2013

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ORDER

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Though memo of retirement dated 04.07.2024

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is filed by the counsel for the petitioners, the same cannot be accepted, since the retirement notice is stated to have been sent to the petitioners on 19.05.2023 and the present retirement memo is filed after lapse of about one year.

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petitioners fairly submits that the issue raised in this petition is covered by the judgment of the Coordinate Bench of this Court in W.P.No.5948 of 2013, passed in the case of S.R.Panchaksharaiah and others Vs. The

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State of Karnataka on 07.11.2023. The petitioners in this case are seeking relief in the nature of extension of benefits of revised pay and pension as per the Pay Committee Report in respect of the petitioners, on par

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with the employees who have retired on or after 01.04.2012, and also to extend consequential service benefits, including the interest thereon until the payment.

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5 - NC: 2024:KHC-D:9171 WP No. 75023 of 2013 C/W WP No. 79694 of 2013

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Similar issue came up for consideration before

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the Coordinate Bench of this Court in the aforesaid writ petition in the case of S.R.Panchaksharaiah and others. The Coordinate Bench of this Court on going through the merits of the case and also the cutoff date being 01.04.2012, declined to grant the relief to the petitioners therein who had retired prior to 01.04.2012.

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In the instant case as well, the petitioners have admittedly retired prior to 01.04.2012, as such, the revised pay commission benefits cannot be extended to the petitioners. Since the matter is already covered, this Court do not see any reason to interfere in the petition. Petition is dismissed accordingly.

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SD/JUDGE

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KGK/CT-ASC

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List No.: 1 Sl No.: 26

Srikanth S/O. Parameshwarappa Honnali v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Srikanth S/O. Parameshwarappa Honnali v. the State of Karnataka

Case brief

What is this about?

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