Sri R M Venkatappa Vs the Managing Director — Writ and Judicial Review | Karnataka HC (2025)

Sri R M Venkatappa Vs the Managing Director — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Writ petition allowed; the revised fixation sheet issued by Respondent No.2 vide Annexure-F and the Endorsement dated 20th October 2023 issued by Respondent No.3 vide Annexure-H quashed; Respondent No.2 directed to reconsider the claim for re-fixing basic pay and monetary benefits and pass fresh orders in accordance with law within three months, on the basis of Circular No.16/2023 dated 28.3.2023 (Annexure-B), providing pay fixation and all other necessary details.

¶¶54 (Order-1)

Issue for consideration

Whether the revised pay fixation effected vide Annexure-F, fixing the petitioner's basic pay at Rs.31,360/- (against his claim of Rs.32,390/- w.e.f. 21.1.2023), is in conformity with Circular No.16/2023 dated 28.3.2023 (Annexure-B) revising pay w.e.f. 1.1.2020. +1 more

¶¶33 (judgment para 2)

Court's answer

A writ of mandamus was issued directing Respondent No.2 to reconsider the petitioner's claim for re-fixing his basic pay and grant of monetary benefits, and to pass fresh orders in accordance with law within a period of three months from the date of receipt of a copy of the order.

¶¶56 (Order-3)

Ratio / Principle

The respondents ought to have considered the petitioner's representation rather than rejecting it by the Endorsement at Annexure-H, which was issued without providing details and break-up of re-fixation of pay; the respondents were required to give proper details of re-fixation in view of the Annexure-B Circular (referred to in that passage as dated 28.8.2023).

¶¶49 (judgment para 6)

Key takeaways

The revised re-fixation order sheet vide Annexure-F and the Endorsement issued at Annexure-H are not satisfactory, and the same were quashed.ratio¶¶52 (judgment para 6)
While reconsidering the claim, the respondents shall act on the basis of Circular No.16/2023 dated 28.3.2023 (Annexure-B) and shall provide pay fixation and all other necessary details to the petitioner, passing necessary orders in accordance with law.ratio¶¶60 (Order-4)

Detailed headnote1 paragraphs

Service law – Pay fixation – Petitioner, Traffic Controller in BMTC Depot No.16, West Zone, Bengaluru (promoted 12.2.2022), whose basic pay of Rs.20,130/- (March 2023) was revised and fixed at Rs.31,360/- in April 2023 under Circular No.16/2023 dated 28.3.2023 revising pay w.e.f. 1.1.2020, against his claim of Rs.32,390/- w.e.f. 21.1.2023 – Representation dated 18.7.2023 rejected by Endorsement dated 20.10.2023 without furnishing details and break-up of re-fixation – Court holds respondents ought to have considered the representation rather than reject it without such details; revised fixation sheet (Annexure-F) and Endorsement (Annexure-H) found not satisfactory and quashed – Mandamus to Respondent No.2 to reconsider the claim per the Circular, provide pay fixation and necessary details, and pass fresh orders in accordance with law within three months, granting monetary benefits.

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NC: 2025:KHC:29417 WP No. 26413 of 2023

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30^TH DAY OF JULY, 2025 BEFORE

THE HON'BLE MR.JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO.26413 OF 2023 (S-KSRTC)

BETWEEN:

SRI.R.M.VENKATAPPA S/O LATE MUNIYAPPA AGED ABOUT 51 YEARS TRAFFIC CONTROLLER DEPOT NO.16, BMTC WEST ZONE, BENGALURU -560 026.

…PETITIONER

(BY SRI.MUKKANNAPPA S B.,ADVOCATE)

AND:

THE MANAGING DIRECTOR BMTC, CENTRAL OFFICES, K.H.ROAD, SHANTHINAGARA, BENGALURU -560 027

Digitally signed by B LAVANYA

Location: HIGH COURT OF KARNATAKA

THE DIVISIONAL CONTROLLER BMTC, WEST ZONE, BENGALURU -560 026

THE DEPOT MANAGER DEPOT NO.16, BMTC WEST ZONE, BENGALURU -560 026

…RESPONDENTS

(BY SMT.RENUKA H R.,ADVOCATE FOR R-1 TO R-3)

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED REVISED FIXATION SHEET / DEO ORDER BEARING

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NO. NIL DATED 04/2023 ISSUED BY THE R2 AT ANNEXURE-F AND ALSO ISSUE A WRIT IN THE NATURE OF CERTIORARI TO QUASH THE IMPUGEND ENDORSEMENT DATED 20.10.2023 ISSUED BY RESPONDENT NO.3 VIDE ANNEXURE-H AND ALSO ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS TO RECONSDIER THE CLAIM OF THE PETITONER BY RE-FIXING HIS BASIC PAY AT RS.32,390/W.E.F. 21.1.2023 AND TO GRANT ALL OTHER MONETARY BENEFITS ETC.,

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

CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR

ORAL ORDER

Petitioner is an employee of the respondent - BMTC

and presently working as Traffic Controller in Depot No.16 of West Zone, Bengaluru. Petitioner was getting basic pay of Rs.20,130/- as on March 2023. This being the state of affairs, 1^st respondent issued a Circular No.16/2023 dated 28.3.2023 vide Annexure-B revising the basic pay of the employees w.e.f. 1.1.2020. That in the month of April-

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2023, the basic pay of the petitioner was fixed at

Rs.31,360/- in the revised pay scale.

It is the contention of the petitioner that the

revised pay fixation done w.e.f. 1.1.2020 is defective in nature and the same is not in accordance with the Circular at Annexure-B and the revised basic pay ought to have been fixed at Rs.32,390/- as against Rs.31,360/-. Therefore, petitioner made an application/representation dated 18.7.2023 to the 3^rd respondent to re-fix his basic pay at Rs.32,390/- as against Rs.31,360/-. In view of rejection of the representation of the petitioner by the 3^rd respondent by an Endorsement dated 20.10.2023, the petitioner is before this Court.

It is the contention of learned counsel for the petitioner that the 2^nd respondent has committed an error in re-fixing the basic pay of the petitioner and it has not been properly done. It is further contention of learned counsel for petitioner that the petitioner was promoted as Traffic Controller on 12.2.2022. Therefore, it is contended

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that the impugned revised fixation sheet re-fixing the pay of the petitioner at Rs.31,360/- vide Annexure-F issued by the Respondent No.2 and the Endorsement issued at Annexure-H by Respondent No.3 rejecting the claim of petitioner, are not in conformity with the Circular issued by the respondent - BMTC at Annexure-B. Hence, he seeks to quash the said revised fixation sheet vide Annexure-F and the Endorsement at Annexure-H and consequently issue a writ of mandamus for a direction to respondents to reconsider the claim of petitioner to re-fix the basic pay at Rs.32,390/- and to grant all other monetary benefits.

Per contra, learned counsel representing the respondent sustains the impugned Endorsement and contends that there is no flaw or error or illegality in Annexures - 'F' and 'H' issued by the respondents. It is further contended by learned counsel that the Circular issued at Annexure-B is binding and the impugned

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Endorsement at Annexure-H does not call for interference

at the hands of this Court.

I have heard learned counsel for the petitioner

and learned counsel for respondents.

The fact of employment of the petitioner with the respondent is not in dispute and promotion of the petitioner as Traffic Controller is also not in dispute. It is also not in dispute that the respondent - BMTC has revised the basic pay of its employees w.e.f. 1.1.2020. The Circular issued at Annexure-B for re-fixing the basic pay of the employees of the respondent - BMTC is not questioned

and not in dispute. Under the circumstances, the respondent ought to have considered the representation of

the petitioner rather than rejecting the representation by issuance of the Endorsement at Annexure-H, that too without providing the details and break up of re-fixation of

pay. Therefore, the respondents would have to give proper details of re-fixation of the pay to the petitioner in view of the Circular dated 28.8.2023 at Annexure-B. I am

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in agreement with the argument of learned counsel for the petitioner that the revised re-fixation order sheet vide Annexure-F and Endorsement issued at Annexure-H, are not satisfactory and the same will have to be quashed and accordingly they are quashed. Hence, I pass the following:

O R D E R

1. Writ Petition is allowed .

The impugned revised fixation sheet issued by Respondent No.2 vide Annexure-F as well as Endorsement dated 20^th October 2023 issued by the 3^rd respondent vide Annexure - 'H' are hereby quashed.

Consequently, a writ of mandamus is issued directing the Respondent No.2 to reconsider the claim of the petitioner for re-fixing his basic pay and grant of monetary benefits and pass fresh orders in accordance with law within a period of three months from the date of receipt of copy of this order.

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It is needless to mention that the respondents shall consider the claim of the petitioner on the basis of the Circular No.16/2023 dated 28.3.2023 vide Annexure - 'B'. Further, the respondents shall provide pay fixation and all other necessary details to the petitioner while considering the claim of the petitioner and pass necessary orders, in accordance with law.

Sd/(PRADEEP SINGH YERUR) JUDGE

GSS List No.: 1 Sl No.: 40