Karnataka High Court
The State Of Karnataka vs Sri. M P Ganesh on 10 November, 2021
Bench: S.Sujatha, S Rachaiah
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF NOVEMBER, 2021
PRESENT
THE HON'BLE MRS.JUSTICE S.SUJATHA
AND
THE HON'BLE MR. JUSTICE SIDDAIAH RACHAIAH
W.P.No.6377/2021(S-KSAT)
BETWEEN :
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY
DEPARTMENT OF PERSONNEL AND
ADMINISTRATIVE SERVICES
VIDHANA SOUDHA
BENGALURU - 560 013
2. THE SECRETARY TO GOVERNMENT
DEPARTMENT OF COMMERCE AND INDUSTRIES
VIKASA SOUDHA, BENGALURU - 560 001
3. THE UNDER SECRETARY TO GOVERNMENT
DEPARTMENT OF PERSONNEL AND
ADMINISTRATIVE SERVICES
VIDHANA SOUDHA
BENGALURU - 560 001
4. THE PRINCIPAL ACCOUNTANT GENERAL (A&F)
KARNATAKA, BENGALURU
P B NO. 5329/5369
PARK HOUSE ROAD
BENGALURU - 560 001
-2-
5. THE DIRECTOR
DEPARTMENT OF HORTICULTURE
LALBAGH, BENGALURU - 560 004
6. THE DEPUTY DIRECTOR
DEPARTMENT OF HORTICULTURE
DISTRICT ADMINISTRATION BUILDING
ZILLA PANCHAYATH
CHAMARAJANAGAR - 571 313
...PETITIONERS
(BY SRI. B. RAJENDRA PRASAD, HCGP)
AND :
SRI. M P GANESH
S/O LATE M P PUTTAPPA
AGED ABOUT 57 YEARS,
R/A NO. 95-C NHB, 1ST STAGE
KARNATAKA HOUSING BOARD COLONY
HOOTA`GALLI
BELLAVADI POST
MYSORE - 570 018
...RESPONDENT
(BY SRI. ABHISHEK .M.R., ADV.)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
ISSUE, WRIT, ORDER OR DIRECTION IN THE NATURE OF
CERTIORARI TO QUASH THE IMPUGNED ORDER PASSED BY THE
LEARNED KARNATAKA STATE ADMINISTRATIVE TRIBUNAL AT
BENGALURU IN APPLICATION NO. 3349/2017 DATED
06.09.2019 AS PER ANNEXURE - A TO THE WRIT PETITION.
THIS PETITION COMING ON FOR HEARING, THIS DAY,
S. SUJATHA, J., MADE THE FOLLOWING:
-3-
ORDER
This writ petition is filed by the State assailing
the order of the Karnataka State Administrative
Tribunal at Bengaluru ('Tribunal' for short) in
Application No.3349/2017 dated 06.09.2019 whereby
the application filed by the respondent herein has
been allowed by setting aside the order bearing No.
PV-12/R1/1015125359/20191583205/2016-1/130629
dated 28.06.2016 passed by the Principal Accountant
General (A&E) Karnataka Bengaluru and further
directing the petitioners herein to consider the case of
the respondent for payment of differences in Ex-gratia
amount and calculate the same in accordance with
revised pay scale together with admissible rate of
interest from the date of retirement of the respondent
from service, till date of payment, in light of the
principles enunciated in the application No.5165/2014
connected with application No.5225/2014 dated
16.09.2017 on the file of the Tribunal in the case of
Sri.R.Devadas and Smt.M.Geetha respectively within
the time frame of four months.
2. Learned counsel appearing for the
respondent points out that the writ petition filed by
the State challenging the order of the Tribunal in the
case of Sri.R.Devadas and Smt.M.Geetha has been
dismissed by this Court vide order dated 06.06.2019.
3. The Tribunal mainly relying upon the order
passed in A.No.5165/2014 c/w A.No.5225/2014 dated
16.09.2017 in the case of Sri.R.Devadas and
Smt.M.Geetha respectively has allowed the application
filed by the respondent herein which is challenged by
the State.
4. The order of the Co-ordinate Bench in WP
No.47105/2018 & WP No.20023/2019 passed in the
case of State of Karnataka and others vs.
Mr.R.Devadas and Smt.M.Geetha reads thus:
"The applications filed by the
respondents herein before the Karnataka
Administrative Tribunal were allowed in view
of the decision of this Court in the case of ITI
Ltd. -vs- ITI Ex/Vr Employees/Officers
Welfare Association in WA No.1851/1998
which was disposed of on 13.9.2001. The
Tribunal has also relied upon a decision of the
Hon'ble Supreme Court in the case of
Prantiya Vidyut Mandal Mazdoor Federation
Etc. -vs- Rajasthan State Electricity Board
and others (1992 (3) S.C. Judgment Today
51).
2. Learned Additional Government
Advocate fairly submits that the State has
not preferred any appeal against the
judgment of ITI Ltd. -vs- ITI Ex/Vr
Employees/Officers Welfare Association in WA
No.1851/1998. Therefore, this Court does not
find any merit in the petitions.
Accordingly, writ petitions stand
dismissed".
5. In view of the aforesaid order passed by
the Co-ordinate Bench of this Court, the order passed
by the Tribunal herein, cannot be held to be perverse
or arbitrary.
6. We find no substance in the writ petition.
Resultantly, the writ petition stands dismissed.
In view of the dismissal of the main writ petition,
all the pending IA's stands disposed off accordingly.
Sd/-
JUDGE
Sd/-
JUDGE
NS
