The Chairman Vs Sri Prathap Kumar Singh — Karnataka HC (2026) — LawSathi Research

The Chairman Vs Sri Prathap Kumar Singh — Karnataka HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Appeal disposed of: the order of the learned Single Judge in WP No.59853/2014 is affirmed in its entirety except the direction for payment of differential salary as a result of the petitioners' notional promotion, which is removed because retired employees are not entitled to differential pay consequent to notional promotion; pending applications, if any, are disposed of as not surviving.

Issue for consideration

Whether the petitioner-employees, who had already retired on attaining the age of superannuation (in 2019 and 2020) before the learned Single Judge's judgment dated 24.07.2024, are entitled to payment of differential salary arising from their notional promotion to the post of Senior Manager with effect from 01.07.2011.

Court's answer

Even if the petitioners are entitled to notional promotion to the post of Senior Manager with effect from 01.07.2011, after retirement they are not entitled to the differential pay, since they had already left office on attaining the age of superannuation in 2019 and 2020 respectively.

Ratio / Principle

Except for the direction for payment of differential salary as a result of notional promotion to the petitioners, the Division Bench affirms the order passed by the learned Single Judge.

Detailed headnote1 paragraphs

Writ Appeal (S-PRO) under Section 4 of the Karnataka High Court Act, 1961 by the Chairman and General Manager (CIC), Airports Authority of India against the learned Single Judge's judgment dated 24.07.2024 in WP No.59853/2014, which had granted four Managers (senior to respondent No.4 Mr.V.Satyam) notional promotion to Senior Manager w.e.f. 01.07.2011 instead of 30.06.2014, with consequential promotions and differential salary (¶4). The Division Bench (per Hon'ble Mr. Justice D K Singh, with Hon'ble Mr. Justice T.M.Nadaf) holds (¶5) that although the petitioners were entitled to notional promotion as Senior Manager w.e.f. 01.07.2011, having superannuated in 2019 and 2020 they are not entitled to differential pay after retirement; it therefore affirms the Single Judge's order except the direction for payment of differential salary (¶5) and disposes of the appeal, pending applications likewise being disposed of (¶6).

1 -

NC: 2026:KHC:35896-DB WA No. 259 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 13^TH DAY OF JULY, 2026

PRESENT

THE HON'BLE MR. JUSTICE D K SINGH

AND

THE HON'BLE MR. JUSTICE T.M.NADAF WRIT APPEAL NO. 259 OF 2025 (S-PRO)

BETWEEN:

THE CHAIRMAN, AIRPORT AUTHORITY OF INDIA, RAJIV GANDHI BHAWAN, NEW DELHI - 110 003.

GENERAL MANAGER (CIC), AIRPORTS AUTHORITY OF INDIA, (AAI) HAL AIRPORTS, BENGALURU - 560 017.

…APPELLANTS

(BY SRI. PRASAD K.R. RAO, ADVOCATE FOR

SRI. PADMANABHA HOLLA S.,ADVOCATE)

Digitally signed by REKHA R Location: High Court of Karnataka

AND:

SRI. PRATHAP KUMAR SINGH, S/O R BALAJI SINGH, AGED ABOUT 65 YEARS, RESIDING AT NO. 35, 2^ND CROSS, SGF-2, GUBBALA GATE, KANAKAPURA ROAD, BANGALORE - 560 062.

SRI. S. SHANMUGHA SUNDARAM, S/O S SANKARAN, AGED ABOUT 62 YEARS,

2 -

NC: 2026:KHC:35896-DB WA No. 259 of 2025

HC-KAR

RESIDING AT OLD NO. 364E NEW NO. 78A, 5^TH CROSS, BHOOMI REDDY COLONY, NEW THIPPASANDRA, BANGALORE - 560 075.

SMT.S. RAMA, W/O S. GOPAL, AGED ABOUT 60 YEARS, RESIDING AT NO. 28, 3^RD CROSS, CHURCH ROAD, NEW THPPASANDRA, BANGALORE - 560 075.

SRI V. SATYAM, AGED ABOUT 55 YEARS, ASSISTANT GENERAL MANAGER, C/O GENERAL MANAGER (CNS), AIRPORTS AUTHORITY OF INDIA, RAJIV GANDHI AIRPORTS, SHAMSHABAD, HYDERABAD - 501 221.

…RESPONDENTS (BY SRI. VENUGOPAL M S., ADVOCATE FOR R1 AND R2, R3 AND R4 ARE SERVED AND UNREPRESENTED)

THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO ALLOW THIS WRIT APPEAL AND SET ASIDE THE JUDGEMENT AND ORDER DATED:24.07.2024 OF THE LEARNED SINGLE JUDGE IN WP NO.59853/20142.ISSUE ANY OTHER APPROPRIATE ORDER OR RELIEF AND ETC.,

THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE T.M.NADAF

3 -

NC: 2026:KHC:35896-DB WA No. 259 of 2025

HC-KAR

ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE D K SINGH)

Heard Mr.Prasad K.R Rao, learned counsel for Sri.Padmanabha, learned counsel appearing for the appellant and Sri.Venugopal M.S, learned counsel appearing for respondent Nos.1 and 2.

The writ petition was filed by the respondents who were working as Manager and they challenged the promotion of respondent No.4-Mr.V.Satyam on the post of Senior Manager vide order dated 24.04.2012 and subsequent promotion to the post of Assistant General Manager vide order dated 07.08.2014.

Admittedly, the respondents/petitioners were senior to respondent No.4. In the seniority list of Managers, the petitioners were senior to respondent No.4. As of today, the petitioners have retired on attaining the age of superannuation in the year 2019 and 2020 respectively.

4 - NC: 2026:KHC:35896-DB WA No. 259 of 2025

HC-KAR

The learned counsel for the appellant-Airports

Authority of India, submit that the Airports Authority has challenged the impugned judgment and order passed by the learned Single Judge dated 24.07.2024 in WP.No.59853/2014 only to the limited extent of payment of differential salary to them, as a result of their notional promotion and to the post of Senior Manager with effect from 01.07.2011 instead o f 30.06.2014, with all consequential promotions along with the differential salary.

The judgment and order of the learned Single Judge is dated 24.07.2024, whereas the petitioners had already left the office in the year 2019 and 2020 respectively on attaining the age of superannuation. Therefore, we are of the considered view that even if the petitioners are entitled for the notional promotion to the post of Senior Manager with effect from 01.07.2011, after retirement they are not entitled to the differential pay. Therefore, except for the direction for payment of

5 - NC: 2026:KHC:35896-DB WA No. 259 of 2025

HC-KAR

differential salary as a result of notional promotion to the petitioners, we affirm the order passed by the learned Single Judge.

With the aforesaid, we dispose of the present appeal. In view of disposal of the appeal, pending

application/s if any, does not survive for consideration and

the same are disposed of.

Sd/(D K SINGH) JUDGE

Sd/(T.M.NADAF) JUDGE

RR

List No.: 1 Sl No.: 22 ct-vn