Sri.N. Suresh v. the State of Karnataka
Case brief
What is this about?
The High Court dismissed a writ petition seeking to quash an Administrative Tribunal order denying pensionary benefits. The Court held that since the petitioner's guilt stood undisturbed after penalty reduction, the dismissed periods could not be treated as duty.
What the court decided
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2024
PRESENT
THE HON'BLE MRS. JUSTICE ANU SIVARAMAN
AND
THE HON'BLE MR. JUSTICE G BASAVARAJA
WRIT PETITION NO. 9449 OF 2023 (S-KSAT)
BETWEEN:
SRI. N. SURESH S/O LATE N. NARASIMHASWAMY AGED ABOUT 62 YEARS RETIRED F.D.A., OFFICE OF THE STATE PROJECT DIRECTOR SAMAGRA SHIKSHANA KARNATAKA BENGALURU-560 001 R/O. NO.10-11, 1ST MAIN ROAD 3RD CROSS, SRINIDHI BADAVANE KONANAKUNTE, BENGALURU-560 062
...PETITIONER
(BY SRI. S.P. KULKARNI, SENIOR COUNSEL A/W. SRI. MANJUNATHA P.V., ADVOCATE)
AND:
Issues for consideration
3 issues framed by the court
Whether a retired employee is entitled to treat dismissed/suspended periods as duty for pensionary benefits when finding of guilt remains undisturbed.
Whether Rule 106-A of Karnataka Civil Services Rules applies where the employee was not exonerated of charges.
Whether the Tribunal erred in dismissing the application denying consequential benefits.
Parties & counsel
- petitioner
SRI. N. SURESH
- respondent
THE STATE OF KARNATAKA
- respondent
THE COMMISSIONER OF PUBLIC INSTRUCTIONS
- respondent
THE STATE PROJECT DIRECTOR SAMAGRA SHIKSHANA KARNATAKA
Coram
Case details
As recorded by the court registry
- Court
- Karnataka HC
- Decided on
- · August
- Registered
- Case no.
- WP/9449/2023
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