Smt. Saroja W/O Datta Hulgeri vs Hubballi-Dharwad Municipal ...
2022 Latest Caselaw 8829 Kant

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             IN THE HIGH COURT OF KARNATAKA
                     DHARWAD BENCH


           DATED THIS THE 15TH DAY OF JUNE, 2022

                          BEFORE

      THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR


           WRIT PETITION NO.101983/2022 (S-RES)
                           C/W.
           WRIT PETITION NO.101989/2022 (S-RES)


IN W.P.NO.101983/2022

BETWEEN:

1.   SRINATH S/O RAVINDRA PAWAR,
     AGE: 47 YEARS, OCC: FDA ,
     R/O TUMKUR ONI, HUBBALLI.
     DIST: DHARWAD.

2.   SUNIL S/O SHIVAJIRAO CHAVAN,
     AGE: 49 YEARS, OCC: S.D.A.,
     SHANTINIKETHAN, BAIRIDEVARKOPPA,
     DIST: DHARWAD.

3.   TAYAPPA S/O LAXMAPPA KHANAPUR,
     AGE: 35 YEARS, OCC: S.D.A.
     KARKIBASAVESHWAR NAGAR, HUBBALLI.
     DIST-DHARWAD-580 009.

4.   MUKTAR AHMED
     S/O MOHAMMED YUSUF SINGOTI,
     AGE: 44 YEARS, OCC: S.D.A.
     R/O NEAR 16 NO. SCHOOL,
     HDMC QUARTERS, HOSSUR, HUBBALLI,
     DIST: DHARWAD.

5.   VISHWANATH S/O SHIVASHANKAR PATIL,
     AGE: 40, OCC: S.D.A.
     SHRI. SHAKTI BUILDING,
     SIDDARUDH NAGAR,
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     1ST CROSS, OLD HUBBALLI,
     DIST: DHARWAD.

6.   MANJUNATH S/O PARASHURAM BENAGI,
     AGE: 47 YEARS, OCC: F.D.A,
     R/O KONDAVAD ONI, KILLA,
     DHARWAD, DIST: DHARWAD.

7.   SHANKAR S/O NARAYAN BETAHPALLI,
     AGE: 42 YEARS, OCC: S.D.A.,
     H.NO. 216, JANNATNAGAR,
     4TH CROSS, DHARWAD-580 004.

8.   BHAGYASHREE D/O DUNDAPPA BALAREDDY,
     AGE: 31 YEARS, OCC: S.D.A,
     R/O H.NO. 262,5TH CROSS,
     ANAND NAGAR, OLD HUBBALLI-580 024.
     DIST: DHARWAD.

9.   TRIVENI C.K. D/O CHALAWADI
     KADAPPA BHIMAPPA,
     AGE: 46 YEARS, OCC: S.D.A.,
     R/O H.NO. 28, SECTOR NO.5 ,
     SRINAGAR, MALMARUTI EXTENSTION,
     BELAGAVI-590 016.

10. KOLLAPPA S/O PEDDANNA PUJARI,
    AGE: 44 YEARS, OCC: S.D.A.,
    R/O H. NO. 13/A, BASEL MISSION BOY'S
    HIGH SCHOOL,
    MISSION COMPOUND P.B. ROAD, HUBBALLI,
    DIST: DHARWAD.

11. KALLAYYA
    S/O CHANNAVEERAYYA SAUNSHIMATH,
    AGE: 54 YEARS, OCC: S.D.C.,
    R/O H.NO. 4/54, BALLOLLIYAVAR ONI,
    TQ: ANNIGERI, DIST: DHARWAD-582 201.

12. IMTIYAZ AHMED S/O HASAN SAB PATEL,
    AGE: 51 YEARS, OCC: S.D.C.,
    R/O VETARNARY HOSPITAL,
    QUARTERS, PADADAYYAN HAKKAL,
    HUBBALLI-580 024, DIST: DHARWAD.
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13. ASHOK S/O RAMAPPA ICHANAL,
    AGE: 51 YEARS, OCC: S.D.C.,
    R/O C/O G.G. DODAWAD RICE MILL
    BACKSIDE,
    MANIKILLA ONI, DHARWAD-580 001.
    DIST: DHARWAD.

14. SMT. DURAGAMMA
    D/O HONNURA YARAGUNTI,
    AGE: 48 YEARS, OCC: S.D.C.,
    R/O H.NO. 91/4, INDRA NAGAR,
    PADADAYYAN HAKKAL, HUBBALLI-580 024,
    DIST: DHARWAD.

15. BHARAT S/O DHANBHADDUR GURKHA,
    AGE: 44 YEARS, OCC: S.D.C.,
    R/O # 360, MARUTI NAGAR, HEGGARI,
    OLD-HUBBALLI, HUBBALLI-580 024.
    DIST: DHARWAD.

16. PRAVEEN S/O HUVAPPA BAGALKOTI,
    AGE: 39 YEARS, OCC: S.D.C.,
    R/O H.NO. 1322, SONIYA GANDHI NAGAR,
    BIDNAL, HUBBALLI-580 034.
    DIST: DHARWAD.

17. MOHAMMAD ALI S/O ISMAILSAB KHALASI,
    AGE: 58 YEARS, OCC: S.D.C.,
    R/O RASULPUR ONI, KCC BANK ROAD,
    DHARWAD-580 001, DIST: DHARWAD.
                                       ...PETITIONERS.

(BY SMT. SUNITHA P KALASOOR, ADVOCATE.)



AND:

1.   HUBBALLI-DHARWAD MUNICIPAL
     CORPORATION,
     HUBBALLI, DIST: DHARWAD.
     REPRESENTED BY ITS COMMISSIONER,

2.   THE ASSISTANT COMMISSIONER,
     (ADMINISTRATION),
     HUBBALLI-DHARWAD MUNICIPAL
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     CORPORATION,
     HUBBALLI, DIST: DHARWAD.

3.   THE CHIEF AUDITOR,
     HUBBALLI DHARWAD MUNICIPAL
     CORPORATION,
     HUBBALLI DIST: DHARWAD.

4.   THE CHIEF ACCOUNTS OFFICER,
     HUBBALLI-DHARWAD MUNICIPAL
     CORPORATION,
     HUBBALLI DIST: DHARWAD.

5.   THE SUPERINTENDENT ENGINEER,
     ADMINISTRATIVE OFFICE,
     HUBBALLI-DHARWAD MUNICIPAL
     CORPORATION,
     HUBBALLI DIST: DHARWAD.

6.   THE DEPUTY REVENUE OFFICER,
     HUBBALLI-DHARWAD MUNICIPAL
     CORPORATION,
     HUBBALLI DIST: DHARWAD.
                                             ...RESPONDENTS.

(BY SHRI G.I.GACHCHINAMATH, ADVOCATE.)

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A CONSEQUENTIAL DIRECTION IN THE NATURE OF THE WRIT OF MANDAMUS COMMANDING THE RESPONDENTS TO RESTORE THE PAYSCALSE AND EMOLUMENTS OF THE PETITIONERS AS THE SAME WERE OBTAINING AS AT AND IMMEDIATELY PRIOR TO 11.07.2012, MAKING AVAILABLE TO THEM ALL THE FINANCIAL BENEFITS FLOWING THEREFROM INCLUDING THE PAYMENT OF THE WITHHELD/REDUCED EMOLUMENTS AS DIRECTED BY THIS HON'BLE COURT IN W.P.NO.105337/2021 PRODUCED AT ANNEXURE-G DATED 23.12.2021, ETC.,.

IN W.P.NO.101989/2022

BETWEEN:

1. SMT. SAROJA W/O DATTA HULGERI AGE. 58 YEARS, OCC. FDA, R/O. ELIGAR ONIONI, HOSAYAPUR, DHARWAD, DIST. DHARWAD - 580001.

2. TIMMAPPA S/O KALLAYAPPA SAMBRANI AGE. 39 YEARS, OCC. SDA JAI BHIM NAGAR, MADARAMADDI, DHARWAD, DIST. DHARWAD - 580001.

3. MADAN S/O SHANKAR RAO SURYAVANSHI AGE. 52 YEARS, OCC. SDA 4TH CROSS MARATHA COLONY, DHARWAD DIST. DHARWAD - 580 008.

4. SUBHAS S/O SIDDAPPA YATNALLI AGE. 55 YEARS, OCC. SDA H.NO. 418, KABADAGI ONI, UNKAL, HUBBALLI DIST. DHARWAD - 580031.

5. MANJUNATH S/O PEERAPPA PASHUPATIHAL @ SHEKHSANDI AGE. 39 YEARS, OCC. SDA SHRI SHAKTI BUILDING KARKI BASAVESHWAR NAGAR, 4TH CROSS NEAR DURGADEVI TEMPLE HUBBALLI, DIST. DHARWADD - 580020.

6. NAGAYYA S/O GADAGAYYA MUKASHIVAYYANAVAR AGE. 39 YEARS, OCC. SDA KUMAR ONI SUTTAGATTI, NAVANAGAR HUBBALLI, DIST. DHARWAD-580025.

7. SURESH S/O BHIMAPPA GOLLAR AGE.44 YEARS, OCC. SDA

R/O. HUGAR ONI GOLLAR COLONY, DHARWAD 580006 DIST. DHARWAD.

...PETITIONERS.

(BY SMT. SUNITHA P KALASOOR, ADVOCATE.)

AND:

1. HUBBALLI-DHARWAD MUNICIPAL CORPORATION, HUBBALLI, DIST. DHARWAD REPRESENTED BY ITS COMMISSIONER,

2. THE ASSISTANT COMMISSIONER (ADMINISTRATION) HUBBALLI -DHARWAD MUNICIPAL CORPORATION, HUBBALLI, DIST. DHARWAD.

3. THE CHIEF AUDITOR, HUBBALLI -DHARWAD MUNICIPAL CORPORATION, HUBBALLI DIST. DHARWAD.

4. THE CHIEF ACCOUNTS OFFICER HUBBALLI-DHARWAD MUNICIPAL CORPORATION, HUBBALLI DIST, DHARWAD.

5. THE SUPERINTENDENT ENGINEER ADMINISTRATIVE OFFICE, HUBBALLI -DHARWAD MUNICIPAL CORPORATION, HUBBALLI DIST. DHARWAD.

6. THE DEPUTY REVENUE OFFICER HUBBALLI DHARWAD MUNICIPAL CORPORATION, HUBBALLI DIST. DHARWAD.

...RESPONDENTS.

(BY SHRI G.I.GACHCHINAMATH, ADVOCATE.)

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A CONSEQUENTIAL DIRECTION IN THE NATURE OF THE WRIT OF MANDAMUS COMMANDING THE RESPONDENTS TO RESTORE THE PAYSCALE AND EMOLUMENTS OF THE PETITIONERS AS THE SAME WERE OBTAINING AS AT AND IMMEDIATELY PRIOR TO 11.07.2012 MAKING AVAILABLE TO THEM ALL THE FINANCIAL BENEFITS FLOWING THEREFROM INCLUDING THE PAYMENT OF THE WITHHELD/ REDUCED EMOLUMENTS AS DIRECTED BY THIS HON'BLE COURT IN W.P.NO.105337/2021 PRODUCED AT ANNEXURE-G DATED 23.12.2021, ETC.,.

THESE PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT PASSED THE FOLLOWING:

ORDER

The prayer sought in these writ petitions filed by

the petitioners is to comply with the orders passed by

the co-ordinate bench of this Court, vide Annexure-F

dated 23.12.2021.

2. The petitioners are permanent employees of

1st respondent corporation and similarly placed

employees like the petitioners, approached this Court in

W.P.No.105337/2021, W.P.Nos.106020-29/2014 and

other connected cases, for similar relief as sought for by

the petitioners herein and their writ petitions came to be

allowed, wherein the respondent corporation was

directed to restore the pay-scale of the petitioners

which existed prior to the impugned order dated

11.7.2012 and to release the service benefits to the

petitioners therein including the arrears of salary, if any.

It was also directed that the petitioners therein would

be entitled to interest at the rate of 6% p.a. on the

amount, if any, withheld by the respondent corporation,

till the date of payment. Since the petitioners herein are

also similarly placed as the petitioners in the aforestated

writ petitions and the other connected writ petitions,

they would be entitled to the same relief granted in the

aforesaid writ petitions. Hence, she seeks to allow her

petition.

3. Learned counsel appearing for the

respondents files a memo today producing copy of the

order dated 23.5.2022 issued by the 1st respondent. He

contends that the relief sought by the petitioners has

been ordered to be reconsidered by the said order dated

23.5.2022. The memo is placed on record. Learned

counsel for the petitioners would be satisfied if the said

order is implemented and necessary service benefits

along with arrears and interest is provided to the

petitioners in terms of the order dated 23.5.2022 and

also as per the judgment of co-ordinate bench of this

Court in several writ petitions mentioned hereinabove.

4. Therefore, in view of the order passed on

23.5.2022 by the 1st respondent, these petitions no

longer survive for consideration as the respondent No.1

has categorically stated that they will comply with the

terms and conditions of the order passed by the

co-ordinate bench of this Court in the aforestated writ

petitions. Accordingly these writ petitions are

disposed of.

5. Learned counsel for the respondents submits

that there are large number of petitioners who are

claiming service benefits including arrears, which

requires lot of time for calculation of arrears and

interest and disbursement of amount, for which

procedure has to be followed and he submits that it may

take more than six months time to make payment.

However the respondents being the responsible

authorities cannot shirk their responsibility on the

ground of quantity of members to be paid arrears of

salary. However, in the present cases 17 + 7 petitioners

are before this Court in these two writ petitions.

Respondents are directed to comply with the orders

within a period of four months from the date of receipt

of a copy of this order.

SD JUDGE

Mrk/-