The Hubballi Dharwad Municipal ... vs The Director Of Municipal ...

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            IN THE HIGH COURT OF KARNATAKA
                    DHARWAD BENCH
         DATED THIS THE 7TH DAY OF JANUARY 2021
                        PRESENT
           THE HON'BLE MR. JUSTICE G.NARENDAR
                          AND
     THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR
             WRIT APPEAL NO.100039/2020 (S-R)
BETWEEN:

1.     THE HUBBALLI DHARWAD MUNICIPAL CORPORATION
       REPRESENTATED BY ITS COMMISSIONER,
       HUBBALLI-20.

2.   THE ASSISTANT COMMISSIONER, (ADMINISTRATION)
     HUBBALLI DHARWAD MUNICIPAL CORPORATION,
     DHARWAD, DIST: DHARWAD
                                      ...APPELLANTS
(BY SRI. G I GACHCHINAMATH, ADVOCATE)

AND

1.     THE DIRECTOR OF MUNICIPAL ADMINISTRATION
       OFFICE OF THE MUNICIPAL ADMINSTRATION,
       9TH FLOOR, V.V.TOWER, DR.AMBEDKAR VEEDHI,
       BENGALURU-1

2.   SHRI.GURUPADAYYA S/O.SHANKARAYYA TORGALMATH
     AGE :63 YEARS, OCC : RETIRED,
     R/o: PLOT NO.9, PAVAN PARK, GOA ROAD,
     SADANKERI, DHARWAD, DIST: DHARWAD
                                         .....RESPONDENTS
(BY SRI. VINAYAK S.KULKARNI, AGA FOR R1)

     THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF
KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS COURT TO
SET ASIDE THE IMPUGNED ORDER DATED 24.09.2019 MADE IN
W.P.NO.113833/2019 PASSED BY THE LEARNED SINGLE JUDGE
AND ETC.

     THIS APPEAL COMING ON FOR PRELIMINARY HEARING,
THIS DAY, G.NARENDAR J., DELIVERED THE FOLLOWING:
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                             JUDGMENT

Heard the learned counsel for the appellants.

2. This intra-Court appeal is preferred by the appellant- Corporation, being aggrieved by the order of the learned Single Judge rendered in W.P.No.113833/2019 dated 24.09.2019, whereby the learned Single Judge was pleased to allow the writ petition and was pleased to direct re-fixation of pay of the petitioner- respondent herein by restoring 15 years Time Bound Scale benefit and in the light of the fact that the respondent herein had superannuated the pension was also directed to be re-fixed in accordance with rules at Annexure-A to the writ petition.

3. The learned Single Judge was further pleased to direct withholding of an amount of Rs.1,56,653/- along with interest calculated at 6% and further directed that the re- payment to be made within a period of three months.

4. The learned counsel for the complainant in the connected CCC No.100156/2020 places on record a copy of the order passed by the Co-ordinate bench in Writ Appeal -3- No.100086/2020 dated 17.08.2020, whereby the co-ordinate bench in respect of an employee of the appellant-Corporation who was similarly situated has been pleased to reject the appeal holding that action of the Corporation amounts to discrimination amongst one class of employees.

5. We are in agreement with the opinion of the co- ordinate bench. It is a most question, whether it is permissible for the Corporation to even attempt to enter into contract with its employee contrary to the rules governing the terms of employment.

6. It is settled position in law that the service conditions cannot be altered contrary to the prevailing rules governing service conditions. In that view of the matter, we do not find any merit in the writ appeal. Accordingly, writ appeal fails and it stands rejected.

7. We grant six weeks time to the appellants to comply with the order of the learned Single Judge. In the light of the same the time stipulated in writ petition for compliance of the order of the learned Single Judge stands extended. -4-

The writ appeal being devoid of merits is rejected.

Sd/-

JUDGE Sd/-

JUDGE RM