Dr. Aravind M. Shetty Vs the University of Agricukltural Science

RESPONDENTS HEREIN TO CONSIDER THE REPRESENTATION DATED:31.01.2015, MADE BY THE PETITIONER, THE COPY OF WHICH HAS BEEN PRODUCED HEREWITH AND MARKED AS ANNEXURE-A, AND TO DIRECTING THE RESPONDENTS TO REFIX THE PAY AND PENSION OF THE PETITIONER AND RELEASE ALL THE ARREARS, BY ALSO EXTENDING THE BENEFIT OF ONE ADDITIONAL ALLOWANCE, AS PER THE ORDER PASSED BY THE GOVERNMENT OF KARNATAKA ORDER NO.718 HSH 2008 DATED:10.12.2009, THE COPY OF WHICH HAS BEEN PRODUCED HEREWITH AND MARKED AS ANNEXURE-B AND ALSO THE SLAB ALLOWANCES WITH EFFECT FROM THE GOVERNMENT ORDER DATED:10.12.2009, THE COPY WHICH HAS BEEN PRODUCED HEREWITH AND MARKED AS ANNEXURE-C AND ALSO TO SET ASIDE THE ORDER NO.AO/EST-11/PAY FIX/809B/11-12 DATED:11.06.2011, PASSED BY THE SECOND RESPONDENT, THE COPY OF WHICH HAS BEEN PRODUECED HEREWITH AND MARKED AS ANNEXURE-D, AND TO RELEASE THE WITHHELD ARREARS OF SALARY AND PENSION.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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NC: 2025:KHC-D:16865 WP No. 102021 of 2017

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HC-KAR

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ORAL ORDER

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(PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)

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The petitioner is before this Court seeking the

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following prayer.

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a) Issue a Writ of Mandamus or any other writ directing the respondents herein to consider the representation dated:31.01.2015, made by the petitioner, the copy of which has been produced herewith and marked as Annexure-A , and to directing the respondents to refix the pay and pension of the petitioner and release all the arrears, by also extending the benefit of one additional allowance, as per the order passed by the Government of Karnataka order no.718 HSH 2008 dated:10.12.2009, the copy of which has been produced herewith and marked as Annexure-B and also the slab allowances with effect from the Government order dated:10.12.2009, the copy which has been produced herewith and marked as Annexure-C and also to set aside the order No.AO/Est-11/Pay fix/809B/11-12, dated 11.06.2011, passed by the second respondent, the copy of which has been produced herewith and marked as Annexure-D , and to release the withheld arrears of salary and pension.

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b) Any other writ or direction in the nature of writ which this Hon’ble Court deems fit to grant in the facts and circumstances of the case may kindly be granted in favour of the petitioners, in the ends of justice and equity.

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The petitioner is appointed as a Medical Officer, later

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he is promoted as Senior Medical Officer and subsequently promoted as Deputy Chief Medical Officer.

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The issue in the lis is not with regard to the promotion of the petitioner, as the extant government order at

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HC-KAR

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the time when the petitioner joined service, he became entitled to the special allowance on emergency medical treatment at ₹3,000/- which was increased from time to time. This is paid to the petitioner right from 1996, the day on which he joined service. On the score that the payment was in error, the respondent has recovered the amount. The recovery of the amount is protested by the petitioner by submitting a representation, bringing it to the notice of the respondent – University that in identical cases, the amount is granted and the amount is not recovered from those doctors.

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The learned counsel for the petitioner Sri. J.S. Shetty would submit that the respondent – University has practised hostile discriminatory treatment against the petitioner by recovering the amount that he was entitled to while it is granted to others.

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The learned counsel appearing for the University Sri. K.L. Patil would submit that the representation of the petitioner would merit consideration strictly in consonance with law.

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In the light of the said submission, I deem it appropriate to dispose the subject petition with a direction to the respondent – University to consider the representation of the

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HC-KAR

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petitioner. While so considering, the University shall bear in mind that the entitlement of the petitioner for grant of the said allowance and the said allowance being granted to other doctors and not being recovered by the University, as the non-recovery was strictly in consonance with the government orders that were prevailing at the relevant point in time.

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In the light of the aforesaid reasons, the respondent shall consider the representation of the petitioner if not already considered as on today and pass necessary orders in accordance with law within 12 weeks from the date of receipt of the copy of the order.

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If it is already considered and appropriate orders are passed, it is open to the petitioner is a reserved liberty to avail of such remedy as available in law against any order that would be detrimental to his interest.

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Sd/(M.NAGAPRASANNA) JUDGE

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LIST NO.: 2 SL NO.: 116

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RSH / CT: ASC

Dr. Aravind M. Shetty v. the University of Agricukltural Science

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Dr. Aravind M. Shetty v. the University of Agricukltural Science

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