The Town Municipal Council vs The State Of Karnataka
2021 Latest Caselaw 5669 Kant

                          1


          IN THE HIGH COURT OF KARNATAKA
                   DHARWAD BENCH

     DATED THIS THE 7TH DAY OF DECEMBER, 2021

                      PRESENT

     THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV

                        AND

        THE HON'BLE MR.JUSTICE S. RACHAIAH


        WRIT APPEAL NO.100289/2021 (S-RES)


BETWEEN

THE TOWN MUNICIPAL COUNCIL
REPRESENTED BY ITS CHIEF OFFICER,
UGARKHURD-591316, KAGAWAD,
TQ. KAGAWAD, DIST. BELAGAVI.
                                       .....APPELLANT
(BY SRI SHRIHARSH A NEELOPANT, ADV.)


AND

1.     THE STATE OF KARNATAKA
       REPRESENTED BY ITS PRINCIPAL SECRETARY
       DEPARTMENT OF RURAL DEVELOPMENT
       AND PANCHAYAT RAJ,
       M.S.BUILDING, DR.AMBEDKAR VEEDHI,
       BENGALURU-560001

2.     THE DEPUTY COMMISSIONER,
       BELAGAVI DISTRICT,
       BELAGAVI-590001.
                         2


     DIST.BELAGAVI

3.   THE TALUKA PANCHAYAT
     REPRESENTED BY ITS EXECUTIVE OFFICER,
     KAGAWAD-591316, TQ. KAGAWAD
     DIST.BELAGAVI

4.   THE OFFICE OF ZILLA PANCHAYAT
     REPRESENTED BY ITS CHIEF
     EXECUTIVE OFFICER,
     BELAGAVI-590002
     TQ/ DIST. BELAGAVI

5.   THE DIRECTOR OF
     MUNICIPAL ADMINISTRATION,
     9TH FLOOR AND 10TH FLOOR,
     VISHVESHWARIAH TOWER,
     DR. B.R.AMBEDKAR VEEDHI
     BENGALURU-560001

6.   KAREPPA S/O. MARUTI JANGLI,
     AGE. 41 YEARS, OCC. ATTENDER
     R/O. BASAVANAGAR, UGARKHURD,
     ATHANI-591316, TQ. ATHANI,
     DIST. BELAGAVI.

7.   MADHUKAR S/O TUKARAM CHAMBAR,
     AGE. 60 YEARS, OCC. WATERMEN,
     R/O. KOTARI LAXMI NAGAR,
     UGARKHURD, ATHANI-591316,
     TQ. ATHANI, DIST. BELAGAVI.

8.   DAYANAND S/O. SHRAVAN KAMBLE,
     AGE. 32 YEARS, OCC. DATA OPERATOR,
     R/O. PUMPING ROAD, BHIM NAGAR,
     UGARKHURD, ATHANI-591316
     TQ. ATHANI,
     DIST. BELAGAVI.
                            3


9.   NAGARAJ ALIAS PRAKASH
     S/O. SUBBARAO KAMBLE,
     AGE. 49 YEARS, OCC. PEON,
     R/O. UGARKHURD, UGARKHURD,
     ATHANI-591316, TQ. ATHANI,
     DIST. BELAGAVI.
                                    .....RESPONDENTS
(BY SRI G.K. HIREGOUDAR, GOVT. ADV. FOR R-1, R-2)

     THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA
HIGH COURT ACT, 1961, PRAYING THIS HON BLE COURT
TO SET ASIDE THE IMPUGNED ORDER DATED 28.10.2021
PASSED    BY  THE    LEARNED    SINGLE   JUDE   IN
WP.NO.102876/2021 (S-RES) AND TO SET ASIDE THE
IMPUGNED ORDER DATED 06.12.2021 PASSED BY THE
LEARNED SINGLE JUDGE IN WP NO.102876/2021 (S-RES).

     THIS APPEAL COMING ON FOR ORDERS, THIS DAY,
S.SUNIL DUTT YADAV J., DELIVERED THE FOLLOWING:

                      JUDGMENT

Office objections are overruled.

Learned Addl. Government Advocate accepts

notice for the respondents No.1 and 2.

Notice to the other respondents deemed not

necessary as the matter is being disposed of at this

stage itself and the only request of the appellant is as

regards further time to be made available to enable

making of necessary payment.

2. The appellant submits that insofar as the

requirement of complying with payment of arrears of

salary, the appellant requires further time in light of

the procedure to be followed for payment as detailed

in the memo dated 06.12.2021.

3. It is submitted that the representations of

the petitioners have been forwarded to respondent

No.6 for further action and to consider the claim of the

petitioners for release of salary by approving the

names under FBAS. It is submitted that unless such

procedure is followed, the appellant will not be in a

position to make payment.

4. The memo dated 06.12.2021 reads as

follows:

"The advocate of the respondent no.3 respectfully submits as under:

It is submitted that pending consideration of the present writ petition, the petitioners herein have submitted a representation dated: 30.11.2021 to approve their names for the release of salary under FBAS (Finance Based Accounting System) to the present respondent No.3.

Accordingly, the present respondent No.3 has forwarded the representation submitted by the petitioners to the respondent No.6 for further action and requested the respondent No.6 to consider claim of the petitioners for release of salary by approving their names under FBAS.

The present respondent No.3 is herewith producing the copy of the representation dated: 30.11.2021 and the communication dated: 04.12.2021 along with this memo. It is further submitted that the present respondent No.3 has forwarded the representation of the petitioners to the official email of respondent No.6 and also to the project director district Urban Development Cell Belagavi.

Wherefore, the present respondent No.3 respectfully pray at this Hon'ble Court may kindly and preciously may pleased to dispose of the present writ petitions by suitable directions in the ends of justice and equity."

5. Looking into the nature of the grievance

made by the appellant, it would suffice to observe that

if the learned Single Judge may consider granting

further time in light of the contents of the memo

dated 06.12.2021. If such request is made, learned

Single Judge to consider the same appropriately.

Accordingly, the appeal is disposed.

Sd/-

JUDGE

Sd/-

JUDGE Naa