The Karnataka High Court allowed a writ petition filed under Articles 226 and 227 of the Constitution of India, praying to direct and to extend the benefit of the full bench decision rendered by this Hon'ble Court in favor of the petitioner vide annexure-h, etc. The Court observed that in accordance with the law laid down by the Full Bench, the petitioner would be entitled to full back wages for a period of two years that he had lost.
Brief Facts:
The petitioner had filed a writ petition contending that by virtue of the Government Order, he was entitled to continue in service till he attained the age of superannuation at 60 years. The petitioner had retired on 31.07.2008 and he had filed the said writ petition within 25 days of his retirement i.e., on 25.08.2008. The said writ petition was initially rejected, but subsequently, a Division Bench of this Court accepted the Writ Appeal filed by the petitioner and allowed the same in terms of the order passed by a Co-ordinate Bench of this Court which had held that employees could be in service till they attain 60 years of age.
Thus, as a consequence, the petitioner, in law, was entitled to continue in service till he had attained the age of 60 years. However, since the petitioner had attained the age of superannuation and his writ appeal was allowed only on 23.11.2010, he made a request to the respondent – Bank to pay him back-wages for the period till which he was not allowed to work i.e., from the age of 58 years to 60 years. This was, however, rejected by the Bank under the impugned order.
Contentions of the Petitioner:
The Learned Counsel for the Petitioner placed reliance on the decision of the Full Bench of this Court passed in W.P.No.13655/2009 which was rendered in the context of the very same Government Order by which the date of retirement was enhanced from 58 to 60 years. The Full Bench of this Court while deciding the said petition in relation to back wages of employees who had been forced to retire at the age of 58 years.
The Court noted that the petitioner retired on 31.07.2008 and he immediately filed a writ petition on 25.08.2008.
The Court observed that the Full Bench of this Court has observed that those of the employees who approached the Court immediately i.e., within three months of the Government Order, they would be entitled to full back wages. Thus, in accordance with the law laid down by the Full Bench, the petitioner would be entitled to full back wages for a period of two years that he had lost.
The decision of the Court:
The Karnataka High Court, allowing the petition, held that the impugned order is quashed and the Bank is directed to pay the petitioner back wages for the period commencing from 31.07.2008 to 31.07.2010 within a period of three months from today.
Case Title: Sri M H Krishnegowda v The State of Karnataka
Coram: Hon’ble Justice N S Sanjay Gowda
Case no.: WRIT PETITION NO. 8948 OF 2012 (S-RES)
Advocate for the Petitioner: Mr. A C Balaraj
Advocate for the Respondents: Mr. Harisha A. S
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