Karnataka High Court
The Deputy Commissioner Of Police vs Sri.Dynaneshwar Kallolli on 7 March, 2022
Bench: G.Narendar, M.G.S. Kamal
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF MARCH, 2022
PRESENT
THE HON'BLE MR. JUSTICE G.NARENDAR
AND
THE HON'BLE MR. JUSTICE M.G.S. KAMAL
WRIT PETITION NO.23135 OF 2021 (S-KSAT)
BETWEEN:
THE DEPUTY COMMISSIONER OF POLICE
WESTERN DIVISION,
BENGALURU CITY
UPPARPET
BENGALURU - 560 009
... PETITIONER
(BY SRI. C.M.POONACHA, AGA)
AND:
1. SRI DYANANESHWAR KALLOLLI
AGED ABOUT 46 YEARS
S/O HUCHAPPA K.
CIVIL POLICE CONSTABLE NO.188090
COTTONPET POLICE STATION
COTTONPET, BENGALURU - 560 053
R/AT NO.270/1, 1ST FLOOR
PIPELINE ROAD, VEERASHETTIHALLI
CHIKKABANAVARA
BENGALURU - 560 090.
2. SRI RAMAPPA BISANAL
AGED ABOUT 41 YEARS
S/O LATE SATYAPPA
CIVIL POLICE CONSTABLE NO.18807
CHAMARAJAPET POLICE STATION
2
CHAMARAJAPET
BENGALURU - 560 018
R/AT NO.140, CAR, M.S.BUILDING
POLICE QUARTERS, MYSURU ROAD
CHAMARAPET,
BENGALURU - 560 018
3. SRI RAVI TALAVAR
AGED ABOUT 42 YEARS,
S/O NAGAPPA,
P.C.NO.18810,
COTTONPET POLICE STATION,
COTTONPET,
BENGALURU - 560 002
R/AT CAR HEAD QUARTERS
MYSURU ROAD
CHAMARAJAPET,
BENGALURU - 560 018
4. SRI SUDHAKAR MYALAKERI
ABED ABOUT 44 YEARS
S/O SHIVAYOGI
P.C. NO.19119,
KENGERI POLICE STATION,
KENGERI,
BENGALURU - 560 060
R/AT H.N.233, ACHEKERI
BENGALURU - 560 060
... RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE
WRIT, ORDER OR DIRECTION TO QUASH THE ORDER DATED
12.05.2021 (ANNEXURE-B) PASSED BY THE HONBLE KSAT
BENGALURU IN A.Nos.5856-5859/2021 AND ETC.,
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, G.NARENDAR J, MADE THE FOLLOWING:
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ORDER
Heard learned AGA.
2. The petitioner-Deputy Commissioner of Police,
Western Division, Bengaluru City is before this Court being
aggrieved by the order passed in Application Nos.5856 to
5859 of 2020 whereby, the Tribunal has been pleased to
issue the following directions by allowing the applications.
"(i) The applications are hereby allowed.
(ii) The impugned order of the respondent being Sibbandi-
2/347/DPC(Pa)/2013 dated 13/11/2020 as at Annexure-A1
is quashed.
(iii) In view of the fact that the impugned order is
completely dehors the Rules, the appellants are entitled to
costs of this Litigation that has been thrust in them. We place
the costs at Rs.1250/- for each applicant, payable by the
respondent within three months from the date of this order.
(iv) It shall be ensured by the respondent that Recoveries
if any made from the applicants shall be repaid with interest
at the extant rate already determined by the government for
delayed payments.
(v) The Registrar shall make available a copy of this order
to the DGP along with copies of the Tribunal judgments in the
cases cited in this order."
3. It is fairly submitted by the learned AGA that
similarly situated petitioners had approached this Court in
W.P.No.10222/2019 aggrieved by the aforesaid order. A
Coordinate Bench of this Court by order dated
18/06/2021 was pleased to allow the writ petition and was
pleased to direct as under:
"The order dated 16/02/2018 passed by the Tribunal in
application No.10783/2016 connected with application
Nos.10784/2016, 10785/2016 is seta side and the
respondents are directed to revise the pay fixation of the
petitioners keeping in view the revised last pay certificate
issued in their favour by the office of the Pay Account Officer
(ORS) AOC, Secunderabad-15. The exercise of revising their
pay and the grant of benefits shall be concluded within
three months from the date of receipt of a copy of this
order."
4. It is further submitted by the learned AGA that
aggrieved by the order passed by the Coordinate Bench of
this Court in W.P.No.10222/2019, the State has preferred
an appeal before the Hon'ble Apex Court and that the same
has been registered as SLA (C) No.15515/2021 wherein the
Hon'ble Apex Court has been pleased to pass an interim
order of stay by order dated 08/10/2021 and copy of the
same has been placed before this Court.
5. Having heard the learned AGA and keeping in
view the fact that the issue has already been ceased of by
the Hon'ble Apex Court, we are of the considered opinion
that the instant writ petition could be disposed off by
directing implementation of the orders passed in
Application Nos.10783/2016, 10784/2016 and
10785/2016 further subjecting the re-fixation to be
contingent on the order that may be passed by the Hon'ble
Apex Court in pending SLA (C) No.15515/2021. The writ
petition is disposed off accordingly.
6. In the event, the respondents are aggrieved, it
is open for them to approach this court and seek for
recalling or reviewing the order.
Sd/-
JUDGE
Sd/-
JUDGE
MKM
