Sri N Ashok Kumar Vs the Chief Secretary

SRI. N. ASHOK KUMAR S/O LATE NARASIMHA MURTHY AGED ABOUT 65 YEARS OCC: RETIRED SHIRASTEDAR COURT OF SMALL CAUSES BENGALURU CITY R/AT No.23 JANATA QUARTERS AKKAYAMANNA BETTA MARANAYAKANAHALLI VILLAGE UTTANAHALLI BETTA BENGALURU NORTH TALUK BENGALURU-562 157.

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Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka

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(BY SRI. V.F. KUMBAR, ADVOCATE)

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AND:

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…APPELLANT

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THE CHIEF SECRETARY

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TO GOVERNMENT OF KARNATAKA SECRETARIAT VIDHANA SOUDHA DR. B.R. AMBEDKAR VEEDHI BENGALURU-560 001

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HC-KAR

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THE SECRETARY TO GOVERNMENT OF KARNATAKA DEPARTMENT OF FINANCE (SERVICE-1) VIDHANA SOUDHA DR. B.R. AMBEDKAR VEEDHI BENGALURU-560 001

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THE HON'BLE CHIEF JUDGE COURT OF SMALL CAUSES BENGALURU CITY CIVIL COURT COMPLEX BEHIND CAUVERY BHAVAN BENGALURU-560 001. REPRESENTED BY THE REGISTRAR COURT OF SMALL CAUSES BENGALURU.

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…RESPONDENTS

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(BY SMT. MAMATHA SHETTY, AGA FOR R1 & R2; SRI. S.Y. SHIVALLI, ADVOCATE FOR R3; HCLC - SD)

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THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE THE FINAL ORDER DATED 12.10.2020 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON'BLE COURT IN W.P.No.23571/2018 (S-R) AND FURTHER MAY BE PLEASED TO ALLOW THE WRIT PETITION FILED BY THE APPELLANT AND GRANT SUCH OTHER RELIEFS OR ISSUE SUCH OTHER DIRECTIONS AND/OR PASS SUCH OTHER ORDERS AS THIS HON'BLE COURT DEEM FIT TO PASS/GRANT IN THE FACTS AND CIRCUMSTANCES OF THE CASE.

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THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and

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HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

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HC-KAR

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ORAL JUDGMENT

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(PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN)

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The appellant, a Retired Shirastedar of the Court of Small Causes, Bengaluru City, is before this Court assailing the judgment dated 12.10.2020 in W.P.No.23571/2018 (S-R).

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The Writ Petition was filed seeking the following

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prayers:-

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"i) Call for the records pertaining to the services of the petitioner in Respondent No.3 court along with the records processed by Respondent No.3 and sent to Respondent No.2 seeking sanction under rule 224B of KCSR and peruse them and;

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ii) Issue writ in the nature of mandamus directing respondents and specifically Respondent No.2 to accord sanction under Rule 224B of KCSR to take into account the additional services rendered by the petitioner as local candidate Grade II Kannadacum-English Typist in the Office of Spl.Tahsildar, Land Reforms, Magadi at Magadi Taluk from 11.9.1981 to 31.3.1983 for the purpose of counting his total service in Judicial Department of Respondent No.3 from 31.05.1983 to 31.08.2015 for the purpose of salary, re-fixing of pay, increments and to re-fix his pensionary benefits

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HC-KAR

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and all pensionary benefits which the petitioner is entitled to have; by condoning the breakup service from 1.4.1983 to 31.5.1985; and.

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iii) Issue such other writs or issue such other directions and pass such other orders including the order as to costs as this Hon'ble Court deem fit to grant in the facts and circumstances of the case, in the ends of justice and equity."

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The learned Single Judge considered the

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contentions and found that the petitioner was appointed as Typist in the Principal City Civil Court on 24.05.1985, pursuant to a Notification issued on 26.03.1985. On being appointed, the petitioner submitted a representation seeking consideration of his past services as a local candidate, which he had rendered as Typist in the office of the Special Tahasildar from 11.09.1981 to 31.03.1983 by condoning the break in service from 01.04.1983 to 31.05.1985. The representation was rejected by an Endorsement dated 25.10.1996. The petitioner did not challenge the said endorsement. Thereafter, he continued in service and retired as Shirastedar on 31.08.2015.

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HC-KAR

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Thereafter, he made a representation to the Office

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of the Principal Accountant General seeking counting of his past service. The reply was received stating that a special sanction is required in terms of the rule to count past services. The petitioner caused a legal notice to be issued to the Government alleging non consideration of his claim, the petitioner had approached this Court.

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The learned Single Judge after considering these facts found that the claim of the petitioner had been turned down on 25.10.1996 and the said endorsement was not challenged by the petitioner at any point in time. It was therefore found that the claim raised long thereafter and after his retirement from service is completely untenable.

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The learned counsel appearing for the appellant submits that the earlier endorsement which was produced as Annexure 'H' merely states that the appellant's prayer for counting of services as local candidate does not count for increment as per Government Order dated 04.03.1987. The

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HC-KAR

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learned counsel therefore contends that the question whether

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the earlier service rendered by the petitioner is to be considered as qualifying service for pension has not been considered at all.

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Having considered the contentions advanced, we

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notice that Annexure 'H' produced along with the writ petition specifically reads as follows:-

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ADM.I.800/96. Office of the Court of Small Causes, Bangalore, Dated 25-10-96.

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ENDORSEMENT.

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READ: Your representation seeking counting service of local candidate - Reg.

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2. Hon'ble High Court letter No.LCA.II.215/95 dated 25-7-96.

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In view of letter received from the Hon'ble High Court of Karnataka, Bangalore, your prayer for counting of service as local candidate does not count for increment as G.C. DPAR.37 SLC 86 dated 4-3-87.

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Sd/REGISTRAR

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To:

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Sri N. Ashok Kumar, Typist, Court of Small Causes, Bangalore."

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HC-KAR

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The petitioner who had admittedly entered service

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at the Small Causes Court in the year 1985 ought to have raised his claim, if any, for counting of prior service by condonation of break in service within three years of entering service. He apparently filed a representation which was rejected by Annexure 'H' in the year 1996. No challenge was made to the said endorsement by the petitioner. Long thereafter, after he retired from service, the subject writ petition has been filed in the year 2018.

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Having considered the contentions advanced and in view of the fact that the question with regard to counting of

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the prior service for increments has already been considered and rejected, we are of the opinion that there is no error in the finding of the learned Single Judge that the said issue had attained finality.

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Moreover, the request for counting of qualifying

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service for pension is required to be made to the appointing authority within three years from the date of joining the

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HC-KAR

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Government Service or within 31.07.2014, as the case may be. This time limit is provided in Rule 224B of the

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KCSRs (Karnataka Civil Services Rules).

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In the above view of the matter, we are of the opinion that the claim raised by the writ petitioner could not have been considered. We find no reason to entertaining this intra-Court appeal.

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