State Of Karnataka vs Sri. Niranjan Mukundan
2022 Latest Caselaw 9244 Kant

                       1



IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 21ST DAY OF JUNE 2022

                    PRESENT
     THE HON'BLE MR. JUSTICE ALOK ARADHE

                     AND
        THE HON'BLE MS.JUSTICE J.M.KHAZI
          W.A.NO.1189 OF 2021 (GM-RES)
                       IN
          W.P.NO.6104 OF 2021 (GM-RES)

BETWEEN:

1.     STATE OF KARNATAKA
       REPRESENTED BY
       ITS PRINCIPAL SECRETARY
       DEPARTMENT OF
       YOUTH AFFAIRS AND SPORTS
       VIDHANA SOUDHA
       DR B R AMBEDKAR VEEDHI
       BENGALURU - 560 001.

2.   THE COMMISSIONER
     DEPARTMENT OF
     YOUTH AFFAIRS AND SPORTS
     YAVANIKA BUILDING
     NRUPATHUNGA ROAD
     NEAR RESERVE BANK OF INDIA
     BENGALURU - 560 001.
                              ... APPELLANTS
(BY SMT. VANI H, AGA)

AND:

SRI. NIRANJAN MUKUNDAN
S/O MUKUNDAN R
AGED ABOUT 27 YEARS
R/O NO.1043 13TH CROSS
                          2



JP NAGAR, 1ST PHASE
BENGALURU - 560 078.
                                  ... RESPONDENT

(BY SRI. HARISH KUMAR M.S., ADVOCATE FOR
C/R1)

     THIS WRIT APPEAL FILED WRIT APPEAL
FILED U/S 4 OF THE KARNATAKA HIGH COURT
ACT PRAYING TO a) SET ASIDE THE ORDER
PASSED BY THE LEARNED SINGLE JUDGE IN WRIT
PETITION    NO.6104/2021  (GM-RES); DATED
15.04.2021; b) GRANT SUCH OTHER RELIEFS AS
THIS HON'BLE COURT DEEMS FIT IN THE FACTS
AND CIRCUMSTANCES OF THE CASE, IN THE
INTEREST OF JUSTICE AND EQUITY.

    THIS WRIT APPEAL COMING ON FOR
PRELIMINARY      HEARING,     THIS    DAY,
ALOK ARADHE J., DELIVERED THE FOLLOWING:


                   JUDGMENT

This intra Court appeal arises from the

order dated 15.04.2021 passed by the learned

Single Judge, by which writ petition preferred by

the respondent has been disposed of with a

direction to the appellant herein to consider the

respondent's application in the light of the

guidelines dated 30.11.2013 insofar as it relates

to the respondent participation in the events prior

to 09.10.2017 and to accord him the

consequential benefits.

2. Facts giving rise to the filing of this

appeal briefly stated are that the respondent is a

differently abled person and has represented

India at I.W.A.S World Games 2015, held in

Netherlands. The respondent has won 10 medals,

which include 7 gold medals and 3 silver medals

an has created a new record. The respondent was

also crowned as 'Junior World Champion'. The

respondent has been representing the State

Government in swimming competition for the

past 15 years in National and International level

and had won 60 international medals and 100

medals in National level and State level.

3. The State Government issued

guidelines on 30.11.2013 with regard to grant of

cash incentives. Thereafter, the aforesaid

guidelines were revised on 09.10.2017. The

Commissioner, Department of Youth Affairs and

Sports invited applications after issuance of

second guidelines from the eligible sportspersons

for grant of benefits.

4. The respondent submitted an

application dated 22.03.2018 for the years 2015,

2016 and 2017. It is the claim of the appellant

that he is entitled for payment of cash incentives

as per the earlier guidelines. However, no action

was taken with regard to the claim of the

respondent. Thereupon respondent filed

W.P.No.6104/2021, wherein the learned Single

Judge by an order impugned in this appeal has

disposed of the writ petition preferred by the

respondent with a direction to consider the claim

of the respondent. It is further submitted that the

learned Single Judge has failed to consider that

respondent is only entitled to cash incentives as

per the guidelines dated 30.11.2013 and not

under the new guidelines dated 09.10.2017.

5. We have considered the submissions

made by the learned counsel for the appellant

and learned Additional Government Advocate and

have perused the record.

6. The respondent has submitted the

application for grant of cash incentives viz,

applications at Annexures-E1, E2 and E3 in the

light of the guidelines dated 30.11.2013 insofar

as it pertains to the claim of the respondent in

the events held prior to 09.10.2017. The learned

Single Judge has disposed of the writ petition

with a direction to consider the application

submitted by the respondent in the light of the

guidelines dated 30.11.2013 within an outer limit

of three months.

We do not find any ground to interfere with

the orders passed by the learned Single Judge. In

the result the appeal fails and is hereby

dismissed.

Sd/-

JUDGE

Sd/-

JUDGE

RR