Karnataka High Court
Smt. Kathyayani S vs The State Of Karnataka on 18 April, 2024
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NC: 2024:KHC:15549
WP No. 11063 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO.11063 OF 2024 (S-RES)
BETWEEN:
SMT.KATHYAYANI S
W/O SACHIDANAND
AGED ABOUT 62 YEARS
RETIRED ASSOCIATE PROFESSOR
IN CHEMISTRY
VIJAYA COLLEGE
R/AT NO.600/D, 80 FEET MAIN ROAD
II PHASE, GIRINAGAR
BENGALURU-560 085
(SENIOR CITIZEN BENEFIT NOT CLAIMED)
...PETITIONER
(BY SRI. NANJA REDDY P N.,ADVOCATE)
AND:
Digitally signed
by CHAITHRA A
1. THE STATE OF KARNATAKA
Location: HIGH
COURT OF REPRESENTED BY ITS
KARNATAKA PRINCIPAL SECRETARY
EDUCATION DEPARTMENT
(HIGHER EDUCATION)
DR.AMBEDKAR VEEDHI
BENGALURU - 560 001
2. THE COMMISSIONER FOR COLLEGIATE
AND TECHNICAL EDUCATION
K R CIRCLE
BENGALURU-560 001
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WP No. 11063 of 2024
3. THE DIRECTOR FOR
COLLEGIATE AND TECHNICAL EDUCATION
K R CIRCLE
BENGALURU-560001
...RESPONDENTS
(BY SMT.SUKANYA BALIGA, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO A) QUASH THE
CIRCULAR BEARING NO.CED.38.OTHERS.2021-22.VA AND NI
DATED 06/01/2022 (ANNEXURE-D) ISSUED BY THE R2 IN SO
FAR AS THE PETITIONER IS CONCERNED AS THE SAME IS
ILLEGAL, ARBITRARY AND CANNOT BE SUSTAINED IN THE
EYE OF LAW AND ETC.
THIS WRIT PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
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WP No. 11063 of 2024
ORDER
Learned counsel appearing for the petitioner has
brought to the notice of this Court that the issue relating
to entitlement of HRA allowance by the regular employees,
who are sent on deputation, is no more res-integra.
2. Reliance is placed on the judgment rendered
by the Co-ordinate Bench in an identical case in
W.P.No.6463/2024 and it would be useful for this Court to
cull out para No.2 of the judgment, which reads as under;
"2. The learned counsel for the petitioner
has placed reliance on the judgment rendered
by the Co-ordinate Bench on this issue. The Co-
ordinate Bench, in W.P.No.7871/2022 c/w
W.P.No.4813/2022, taking cognizance of the
law laid down by the Apex Court in the case of
State of Punjab and Others vs. Rafiq
Mashith (White Washer) and others
reported in (2015) 4 SCC 334, held that
lecturers of aided college dehors deputation are
entitled for HRA. The said issue is given quietus
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by the Co-ordinate Bench in a batch of
petitions. The facts in the present case on hand
are identical and squarely covered by the
judgment rendered by the Co-ordinate Bench
relating to the entitlement of HRA by aided
lecturers, who are sent on deputation."
3. For the foregoing reasons, this Court is of the
view that the impugned circular issued in the present case
on hand is also not sustainable and is liable to be quashed.
4. Hence, this Court proceeds to pass the
following;
ORDER
i. The writ petition is allowed.
ii. The impugned circular bearing No.CED:38:
others:2021-22:Va&Ni dated 06.01.2022,
issued by respondent No.2 as per
Annexure-D, insofar as petitioner are
concerned, is hereby quashed.
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iii. The respondents are hereby directed to
refund the HRA allowance recovered from
petitioner.
iv. The refund shall be made after verifying
the quantum that is recovered from the
petitioner and this exercise shall be
completed by the respondents within an
outer limit of three months from the date of
receipt of certified copy of this order.
Sd/-
JUDGE
NBM
