High Court directed South Western Railway to consider petitioners' old pension claims filed under a 2023 Office Memorandum, allowing them to produce relevant material within three months.
Writ petition disposed with direction to 1st respondent to consider Annexure-A19 options under Annexure-A18 OM within three months.
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:26857-DB WP No. 9677 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JULY, 2024 PRESENT
THE HON'BLE MRS JUSTICE ANU SIVARAMAN
AND
THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 9677 OF 2024 (S-CAT)
BETWEEN:
RESIDING AT: NO 35/1, 7TH CROSS E STREET, NEAR ST. MARTIN'S HIGH SCHOOL, MAGADI ROAD, BANGALORE - 560023 MOB: 7411260264 EMAIL: [email protected]
Digitally signed by C HONNUR SAB Location: HIGH COURT OF KARNATAKA
YASHWANTPUR, SOUTH WESTERN RAILWAY, BANGALORE DIVISION, BENGALURU - 560022, RESIDING AT: NO 99, III CROSS IIND MAIN, PRAKASH NAGARM, BANGALORE 560021 MOB: 9845727431 EMAIL: [email protected]
YESHWANTPUR, BANGALORE 560022 MOB: 9341713894
…PETITIONERS
(BY SRI. KAILESH T. GOPI., ADVOCATE)
AND:
…RESPONDENTS
(BY SRI. SHANTHI BHUSHAN H., DSGI A/W SRI. B.PRAMOD, CGSC.)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS LEADING TO ANNEXURE A ORDER OF THE LEARNED CAT BANGALORE BENCH IN OA No. 170/315/2023 DATED 07.08.2023 AND QUASH THE SAME BY ISSUING A WRIT OF CERTIORARI ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
ORAL JUDGMENT
(PER: HON'BLE MRS JUSTICE ANU SIVARAMAN)
Heard the learned counsel appearing for the petitioners
and the learned Deputy Solicitor General of India along with Central Government standing counsel, appearing for respondents.
and the scheme based on which they were appointed was also prior to the said date when the National Pension System was made applicable to the employees of the department.
petitioners had been regularized. It is submitted that in the light of these facts, the petitioners were entitled to a consideration of their claim for being covered by the Old Pension Scheme.
which the petitioners were absorbed/regularized as also the scheme under which they were so regularized. It is submitted that this aspect requires a consideration at the hands of the 1st respondent.
NC: 2024:KHC:26857-DB WP No. 9677 of 2024
respondent to aid the consideration of Annexure-A19 series of
options. Appropriate orders shall be passed by the 1st respondent within a period of three months from the date of receipt of copy of this order.
Sd/(ANU SIVARAMAN) JUDGE
Sd/(ANANT RAMANATH HEGDE) JUDGE
GVP
List No.: 1 Sl No.: 7
2 issues framed by the court
Whether regularization prior to 01.01.2004 under specific vacancies entitles employees to Old Pension Rules consideration.
Whether petitioners filing Anniversary options under Office Memorandum dated 03.03.2023 must be considered by the Railway Authority.
2 provisions across 2 enactments
G. GUNASEKAR AND OTHERS
UNION OF INDIA REP BY GENERAL MANAGER, SOUTH WESTERN RAILWAY
ANU SIVARAMAN
ANANT RAMANATH HEGDE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
