Karnataka High Court
Smt. Rangamani. A vs The State Of Karnataka on 4 April, 2024
Author: K.Somashekar
Bench: K.Somashekar
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WP No. 9441 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF APRIL, 2024
PRESENT
THE HON'BLE MR JUSTICE K.SOMASHEKAR
AND
THE HON'BLE MR JUSTICE RAJESH RAI K
WRIT PETITION NO. 9441 OF 2024 (S-KSAT)
BETWEEN:
SMT. RANGAMANI. A
W/O. YATHIRAJ. A. H. ,
AGED ABOUT 58 YEARS,
WORKING AS
SECOND DIVISION ASSISTANT,
OFFICE OF THE DIRECTOR,
DEPARTMENT OF STATE EDUCATIONAL
RESEARCH AND TRAINING,
BANGALORE-560 085.
...PETITIONER
Digitally signed by
HARIKRISHNA V
Location: HIGH (BY SRI. PRITHVEESH M.K, ADVOCATE)
COURT OF
KARNATAKA
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS
PRINCIPAL SECRETARY,
DEPARTMENT OF SCHOOL
EDUCATION AND LITERACY,
6TH FLOOR, M.S. BUILDING,
DR. AMBEDKAR VEEDHI,
BENGALURU-560 001.
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WP No. 9441 of 2024
2. THE DEPUTY DIRECTOR
(ADMINISTRATION)
DEPARTMENT OF
PUBLIC INSTRUCTION,
KOLAR DISTRICT-563 101.
3. THE DIRECTOR
DEPARTMENT OF STATE
EDUCATIONAL RESEARCH
AND TRAINING, NO. 4,
100 FT RING ROAD,
BANASHANKARI 3RD STAGE,
BENGALURU-560 085.
...RESPONDENTS
(BY SRI. KIRAN KUMAR, HCGP)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET
ASIDE THE IMPUGNED ORDER DATED 07.03.2024 PASSED IN
APPLICATION No. 848/2024 BY THE HONBLE KARNATAKA
STATE ADMINISTRATIVE TRIBUNAL, BANGALORE BENCH
(ANNEXURE-A) IN SO FAR AS REJECTION OF INTERIM PRAYER
IS CONCERNED AND CONSEQUENTLY GRANT AN INTERIM
ORDER AS PRAYED FOR BY THE PETITIONER BEFORE THE
HONBLE TRIBUNAL IN APPLICATION No. 848/2024
(ANNEXURE-B), IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
RAJESH RAI.K, J., MADE THE FOLLOWING:
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WP No. 9441 of 2024
ORDER
The petitioner, in this writ petition, has challenged the
legality and correctness of the interim order dated 07.03.2024
passed in Application No.848/2024 by the Karnataka State
Administrative Tribunal, Bengaluru (for short 'the KSAT'),
wherein the KSAT has not granted interim order as sought by
the petitioner.
2. The petitioner approached the KSAT to quash the
impugned Memorandum dated 26.12.2013 bearing
No.E15974/DSERT/ADMN/NTH/7/2023-ADMN as per
Annexure-A5 to the application, impugned Memorandum dated
08.01.2024 bearing No.E15974/DSERT/ADMN/NTH/7/2023-
ADMN as per Annexure-A6 to the application, Memorandum
dated 09.02.2024 bearing No.E15974/DSERT/ ADMN/NTH/7/
2023-ADMN as per Annexure-A9 to the application and
impugned Memorandum dated 20.02.2024 bearing
No.E15974/DSERT/ADMN/NTH/7/2023-ADMN as per
Annexure-A11 to the application issued by respondent No.3 and
to direct the respondents to grant all consequential benefits
available to the petitioner forthwith. In the said application,
the petitioner sought for an interim prayer to stay the recovery
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of an amount of Rs.6,13,441/- from her in pursuance to the
impugned Memorandums dated 08.01.2024, 09.02.2024 and
20.02.2024 as per Annexures-A6, A9 and A11, respectively to
the application, as stated supra.
3. The KSAT, after hearing the petitioner, rejected the
interim prayer of the petitioner and directed the Government
Pleader to take notice on behalf of respondent Nos.1 to 3 and
to file reply statement by 18.04.2024 for consideration of the
main prayer.
4. Aggrieved by the same, the petitioner preferred this
petition.
5. We have heard Sri Prithveesh.M.K., learned counsel
for the petitioner so also Sri Kiran Kumar, learned HCGP for the
respondents.
6. Learned counsel for the petitioner would contend
that the impugned order passed by the KSAT is in the nature of
final order as the KSAT virtually gives a finding on the
correctness of the Memorandum dated 26.12.2023 to the effect
the re-fixation of pay is correct in law. He also contend that the
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KSAT has proceeded merely on the ground that re-fixation of
pay is correct in terms of Rule 41-A (i) of the Karnataka Civil
Service Rules without appreciating that the order of re-fixation
of pay as well as the order of recovery was passed in violation
of principles of natural justice and without hearing the
petitioner. He also relied on the judgment of the Hon'ble Apex
Court to buttress his arguments. Lastly, he would contend that
the recover of excess amount of Rs.6,13,441/- will put the
petitioner into financial burden since she and her family are
completely dependent on her salary and the petitioner is also
suffering from several health aliments. Further, she is due to
retire in less than 1 year 4 months. Hence, he prays to allow
the petition.
7. Having heard the learned counsel for the parties so
also having given our anxious consideration to the documents
placed before us including the order on interim prayer dated
07.03.2024 passed by KSAT, without expressing any opinion on
the merits of the case, we deem it appropriate to direct the
KSAT to dispose of the Application No.848/2024 within fifteen
days from 18.04.2024 by hearing both the parties to the lis. In
the meantime, there shall be stay of recovery of an amount of
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Rs.6,13,441/- from the petitioner in pursuance of the
Memorandums dated 08.01.2024, 09.02.2024 and 20.02.2024
as per Annexures-A6, A9 and A11, respectively to the
application, issued by respondent No.3.
With the above observations, the writ petition is disposed
of.
Sd/-
JUDGE
Sd/-
JUDGE
VM
