The Karnataka High Court disposed of a writ petition filed under Articles 226 and 227 of the Constitution of India, praying to quash the order passed by the deputy secretary [services], department of Primary & Secondary Education, in an appeal dated. 5.2.2015 and allow the appeal. The Court observed that the concerned Authority shall take into consideration the service that the petitioner had rendered prior to his termination and also from the date of his termination till the date he attains the age of superannuation for the purpose of computing his retiral benefits.
Brief Facts:
The petitioner was dismissed from service. As a consequence of which, he approached the Educational Appellate Tribunal by way of an appeal. During the pendency of the proceedings, the Management as well as the petitioner entered into a settlement before the Lok Adalath, whereby the petitioner accepted his misconduct and the Management condoned his misconduct and agreed to reinstate him. The Competent Authority proceeded to approve the said order of reinstatement but however imposed seven conditions. The first condition was that the petitioner would not be entitled to any back wages and he would also be not entitled to consideration of the period during which he was out of service for the purpose of reckoning his length of service. The Petitioner preferred an appeal which was dismissed. Hence, the present petition.
Contentions of the Petitioner:
The Learned Counsel for the Petitioner submitted that the order of Competent Authority imposing seven conditions while approving the resolution for reinstatement was unsustainable since the Management, which had terminated him, had agreed to reinstate him and had also stated that it would support his claim for payment of back wages and other monetary benefits.
Contentions of the Respondent:
The Learned Counsel for the Respondent submitted that the petitioner having accepted the conditions imposed by executing a Deed of Undertaking cannot be permitted to resile from the same and demand the benefits.
The Court observed that the petitioner would be entitled to the benefit of the past service i.e., the period during which he was out of service and also the period during which he had rendered service for the Institution, only for the purpose of computing his retiral benefits. The Court said that if the petitioner’s termination was set aside by consent, in law, he is deemed to have been in service and the period during which he was out of service, would have to be accepted for the purpose of computing the length of service. The concerned Authority shall take into consideration the service that the petitioner had rendered prior to his termination and also from the date of his termination till the date he attains the age of superannuation for the purpose of computing his retiral benefits.
The decision of the Court:
The Karnataka High Court, disposing of the petition, held that it is necessary to quash the order of the Appellate Authority dated 08.01.2012 only insofar as it relates to condition No.2 i.e., non-taking into consideration the past service rendered by the petitioner.
Case Title: Gangadhrappa v The Secretary to Government & Ors.
Coram: Hon’ble Justice N S Sanjay Gowda.
Case no.: WRIT PETITION NO. 11617 OF 2016 (S-RES)
Advocate for the Petitioner: Mr. Nagaraju
Advocate for the Respondents: Mr. Prathibha R. K.
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