Karnataka High Court
The State Of Karnataka vs Sri N Shankarappa on 12 August, 2022
Bench: Acting Chief Justice, S Vishwajith Shetty
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF AUGUST 2022
PRESENT
THE HON'BLE MR. ALOK ARADHE
ACTING CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE S. VISHWAJITH SHETTY
W.A. NO.3921 OF 2019 (GM-RES)
IN
W.P. NO.38040 OF 2013 (GM-RES)
BETWEEN:
1. THE STATE OF KARNATAKA
REP. BY PRINCIPAL SECRETARY TO GOVERNMENT
DEPARTMENT OF BACKWARD CLASS
VIKASA SOUDHA, BANGALORE-560001.
2. THE CHIEF SECRETARY TO
GOVERNMENT OF KARNATAKA
VIKASA SOUDHA, BANGALORE-560001.
3. THE DEPUTY SECRETARY
DEPARTMENT OF SOCIAL WELFARE
VIKASA SOUDHA, BENGALURU - 560001.
... APPELLANTS
(BY MR. S.S. MAHENDRA, AGA,)
2
AND:
1. SRI. N. SHANKARAPPA
S/O SRI. LINGAPPA
AGED ABOUT 71 YEARS
R/AT NO.6-2-68/38
OPP. RAGHAVENDRA NILAYA
RAICHUR-584101.
2. SRI. B.S. RAJASHEKAR
S/O LATE SEETHARAM
AGED 45 YEARS
MEMBER KARNATAK STATE COMMISSION
OF BACKWARD CLASSES
NO.49, 1ST FLOOR
BYATARAYANAPURA, YELAHANKA ROAD
BENGALURU - 560092.
... RESPONDENTS
(BY MR. VIVEK SUBBA REDDY, SR. COUNSEL A/W
MR. DILLI RAJAN, ADV., FOR R1
MR. D.R. RAVISHANKAR, SR. COUNSEL FOR
MRS. SIRI RAJASHEKAR, ADV., FOR R2)
---
THIS WRIT APPEAL IS FILED U/S 4 OF THE
KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE
JUDGMENT AND ORDER DATED 22/10/2018 PASSED IN WP
NO.38040/2013 GM RES BY THE LEARNED SINGLE JUDGE.
ALLOW THE WRIT APPEAL IN WP NO.38040/2013 AS PRAYED
FOR. GRANT SUCH OTHER RELIEFS AS THIS HONBLE
COURT DEEMS FIT IN THE FACTS AND CIRCUMSTANCES OF
THE CASE BY ALLOWING THIS APPEAL.
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THIS WRIT APPEAL COMING ON FOR FINAL HEARING,
THIS DAY, ACTING CHIEF JUSTICE DELIVERED THE
FOLLOWING:
JUDGMENT
This intra Court appeal has been filed against an
order dated 22.10.2018 passed by the learned Single
Judge by which writ petition preferred by the
respondents has been partly allowed and the
appellant has been directed to pay arrears of salary
and allowances to the respondents in respect of their
tenure as Chairman and Members of Karnataka State
Commission for Backward Classes. In order to
appreciate the appellants grievance few relevant facts
need mention which are stated infra.
2. The Karnataka State Commission for
Backward Classes Act, 1995 (hereinafter referred to as
'the Act' for short) is an Act to constitute a
Commission for backward classes of citizens other
than Scheduled Castes and Scheduled Tribes in the
State of Karnataka and to provide to matters
connected therewith or incidental thereto. Section 4
deals with terms of office and conditions of service of
Chairman and Members. Section 4(1) of the Act
provides that subject to pleasure of the State
Government every member shall hold the office for a
term of three years from the date, he assumes office.
Section 4(5) of the Act mandates that salaries and
allowances payable to and other terms and conditions
of service of, the Chairman and Members shall be
such, as may be prescribed. Section 17 of the Act
empowers the State Government to make rules for the
purpose of carrying out the purposes of the Act.
3. The Rule making power empowers the State
Government to make a rule including the rules
providing for salaries and allowances payable to, and
other terms and conditions of service of Chairman and
Members as provided under Section 17(2)(A) of the
Act. The State Government by a Notification dated
03.06.1999 has framed the Rules which provide that
Chairman is entitled to pay and allowances including
traveling allowances, daily allowances, etc., as are
applicable to a High Court Judge. Rule 3 of the said
Rule was amended by a Notification dated 17.04.2010
and it was provided that Chairman of the Commission
shall have the status of a Minister and is entitled to
pay, allowances and privileges admissible to an
authority.
4. By a subsequent Notification dated
28.10.2014, the Rules were again amended to bring
back the pay and allowances payable to Chairman of
the Commission at par with the High Court Judge.
However, on 25.11.2013, the appointment of
respondent No.1 was cancelled. The respondent No.1
filed a writ petition on 22.08.2013 in which validity of
Notification dated 17.04.2010 was assailed on the
ground that the same is ultra vires the parent Act.
The grievance of respondent No.1 in the writ petition
was that he has not been paid salary, pay and
allowances which are admissible to a High Court
Judge. The learned Single Judge by an order dated
22.10.2018 directed the appellants to pay the arrears
of salary and allowances to the petitioner keeping in
mind the difference in pay and allowances of the High
Court Judges and Ministers of the Government.
Accordingly, the petition was partly allowed.
5. Learned additional Government Advocate
has raised a similar contention that the petitioner has
enjoyed the benefit of pay and allowances admissible
to the status of a Minister during the entire term and
thereafter has filed the writ petition. Therefore
respondent No. is estopped by his conduct from
claiming the pay and allowances admissible to a High
Court Judge. On the other than, learned Senior
counsel for respondent No.1 has pointed out that
respondent No.1 has filed a writ petition while serving
as Chairman of the Commission, therefore, the
question of estoppel does not arise.
6. We have considered the rival submissions
made on both sides and have perused the records.
Admittedly, respondent No.1 was appointed on
20.10.2011 and has served as Chairman of the
Commission till 25.11.2013. The respondent No.1
while in service has filed a petition on 22.08.2013.
The petitioner had challenged the validity of
Karnataka State Commission for Backward Classes
(Amendment) Rules, 2009. Therefore, in the facts of
the case, the issue of estoppel by conduct does not
arise. The learned Single Judge has moulded the
relief claimed by respondent No.1 and has directed
payment of salary and allowances to respondent No.1
as are admissible to a High Court Judge.
7. For the aforementioned reasons, we are not
inclined to accept the submission made by the
appellants.
In the result, appeal fails and is hereby
dismissed.
Sd/-
ACTING CHIEF JUSTICE
Sd/-
JUDGE
SS
