H Puttaiah vs State Of Karnataka
2023 Latest Caselaw 7070 Kant

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                                                      NC: 2023:KHC:36244-DB
                                                          WA No. 627 of 2023



                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 6TH DAY OF OCTOBER, 2023

                                           PRESENT

                   THE HON'BLE MR PRASANNA B. VARALE, CHIEF JUSTICE

                                             AND

                           THE HON'BLE MR JUSTICE KRISHNA S DIXIT

                             WRIT APPEAL NO. 627 OF 2023 (S-RES)

                   BETWEEN:

                   H PUTTAIAH
                   S/O LATE H.P. HONNAIAH,
                   AGED ABOUT 85 YEARS,
                   R/A 3390/B, 5TH MAIN, 2ND CROSS,
                   HAMPI NAGARA (REMCO EXTENSION)
                   BANGALORE - 560 104.
                                                                ...APPELLANT
                   (BY SRI. YOGESH V KOTEMATH., ADVOCATE FOR
                       SRI. VIRUPAKSHAIAH P H.,ADVOCATE)

                   AND:
Digitally signed
by SHARADA         1.    STATE OF KARNATAKA,
VANI B
                         REPRESENTED BY ITS PRINCIPAL SECRETARY,
Location: HIGH           DEPARTMENT OF COMMERCE AND INDUSTRIES,
COURT OF
KARNATAKA                M.S.BUILDING, DR. AMBEDKAR VEEDHI,
                         BENGALURU - 560 001.

                   2.    THE MANAGING DIRECTOR
                         KARNATAKA VIDYUTH KARAKHANE LIMITED,
                         POST BOX NO. 2610, MYSORE ROAD,
                         BANGALORE - 560 026.

                                                             ...RESPONDENTS
                   (BY MS. NILOUFER AKBAR., AGA FOR R1)
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                                       NC: 2023:KHC:36244-DB
                                           WA No. 627 of 2023



     THIS WRIT APPEAL FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO I)SET ASIDE THE ORDER
DATED 11/10/2022 IN WP NO.57259/2018 PASSED BY THE
LEARNED SINGLE JUDGE BY ALLOWING THE WRIT PETITION
DIRECTING THE RESPONDENT AUTHORITIES FOR GRANT OF
PENSIONARY BENEFITS IN FAVOUR OF THE APPELLANT HEREIN
AND II)PASS SUCH OTHER ORDER OR ORDERS.

    THIS APPEAL COMING ON FOR ORDERS THIS DAY,
CHIEF JUSTICE DELIVERED THE FOLLOWING:

                         JUDGMENT

This intra-Court appeal seeks to lay a challenge to

the learned Single Judge's order dated 11.10.2022

whereby, the case in W.P No.57259/2018 (S-RES) filed by

the appellant herein and others has been negatived. In

the said writ petition, a direction was sought for at the

hands of the Writ Court for fixation and payment of

pension.

2. Having heard the learned counsel for the parties and

having perused the appeal papers, we decline indulgence

in the matter broadly agreeing with the reasoning given in

the impugned order. Learned Single Judge at page 10 of

the order has rightly observed as under:

"....2nd respondent- KAVIKA, which was incorporated on 13.02.1976. The employees of

NC: 2023:KHC:36244-DB WA No. 627 of 2023

GEF were transferred to KAVIKA in July 1976. The petitioners without any objection or without any demur accepted the same and became the employees of the 2nd respondent- KAVIKA. The employees of the 2nd respondent-KAVIKA were extended the benefit of the 1952 Act and all other benefits available to the employees of a factory. On retirement, the petitioners accepted the monetary benefits, such as provident fund, bonus, gratuity, leave encashment etc., The petitioners had retired from the services of the 2nd respondent-KAVIKA more than two decades ago. No material is placed on record to establish that the petitioners are government servants holding civil posts. The petitioners are retired employees of the 2nd respondent-KAVIKA and they are not the retired employees of Government of Karnataka to claim pension and pensionary benefits under the provisions of the KCSRS"

3. What is rightly observed by the learned Single Judge

at para 6 of the impugned order, being significant is

reproduced below:

"....In the instant case, the petitioners were governed by their own Certified Standing Order, which is placed on record as Annexure-A to the writ petition. Endorsement Annexure-D) dated 29.07.2015 makes it clear that the petitioners have not placed on record any material to establish that the retired employees of GEF were entitled for pension, before their transfer to the 2nd respondent- KAVIKA. The provisions of KCSRs would be

NC: 2023:KHC:36244-DB WA No. 627 of 2023

applicable to government servants and not to employees of any company. In the instant case, it is not shown or established that the 2nd respondent-KAVIKA had adopted KCSRS and the employees of 2nd respondent were governed by KCSRS. Moreover, the petitioners themselves have placed on record the Certified Standing Order (Annexure-A), which establishes that the employees of the 2nd respondent were governed by the Certified Standing Order of 2nd respondent-KAVIKA."

In the above circumstances, this writ appeal being

devoid of merits is liable to be and accordingly, rejected in

limine.

Sd/-

CHIEF JUSTICE

Sd/-

JUDGE

Snb/