Karnataka High Court
Neelakanthagouda S/O. Marigouda Patil vs The State Of Karnataka on 4 July, 2024
Author: M.G.S. Kamal
Bench: M.G.S. Kamal
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NC: 2024:KHC-D:9171
WP No. 75023 of 2013
C/W WP No. 79694 of 2013
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 4TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE M.G.S. KAMAL
WRIT PETITION NO.75023 OF 2013(S-R)
C/W
WRIT PETITION NO.79694 OF 2013
IN WP.NO.75023/2013:
BETWEEN:
1. SRIKANTH S/O. PARAMESHWARAPPA HONNALI,
AGED ABOUT 61 YEARS,
RETIRED SHERISTEDAR DISTRICT AND SESSION
COURT, GADAG, R/O: SHARANABASAVESHWAR
NAGAR, KANAGINAHAL ROAD, BETAGERI, GADAG.
2. MURARIGOWDA S/O. SHIVANAGOUDA PATIL,
AGE: 61 YEARS, RETIRED ASSISTANT MASTER,
SRI KOTTURESHWAR CPU COLLEGE,
GANGAVATHI, R/O: KUMAR RAM BADAVANA NEAR
Digitally
signed by V N VALMIKI CIRCLE, GANGAVATHI, DIST: KOPPAL.
BADIGER
Location: High
Court of
Karnataka 3. RAMAPPA S/O. SHIVAPPA KAVADIKAI,
AGE: 61 YEARS, RETIRED PEON CUM SWEEPER,
SRI RAMAKRISHNASHRAM S.R.A.G.A.
ADEAD HIGH SCHOOL, HULKOTI, GADAG TALUK
DIST: GADAG, R/O: JANATA PLOT, HULKOTI
TQ AND DIST: GADAG.
...PETITIONERS
(BY SRI RAGHUVEER R. SATTIGERI, ADVOCATE FOR
SRI G.B.SHSTRY, ADVOCATE)
AND:
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NC: 2024:KHC-D:9171
WP No. 75023 of 2013
C/W WP No. 79694 of 2013
1. THE STATE OF KARNATAKA,
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF FINANCE,
VIDHANA SOUDHA,
BANGALORE - 560 001.
2. THE CHIEF SECRETARY,
GOVERNMENT OF KARNATAKA,
VIDHANA SOUDHA, BANGALORE - 560 001.
3. THE SPECIAL OFFICER AND EX OFFICIO,
DEPUTY SECRETARY,
FINANCE DEPARTMENT (PENSION),
MULTISTORIED BUILDING,
BANGALORE - 560 001.
4. THE ACCOUNTANT GENERA,L
(A AND E ) GOVERNMENT OF KARNATAKA,
P.B. NO. 5369 PARK HOUSE ROAD,
BANGALORE - 560 001.
...RESPONDENTS
(BY SRI SHIVAPRABHU S. HIREMATH, AGA FOR R1 TO R4)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO A WRIT OF
CERTIORARI OR ANY OTHER WRIT QUASHING THE
GOVERNMENT ORDER NO.AA EE (SPECIAL) 81 PEN 2012
DATED 03/05/2012 ISSUED BY THE 3RD RESPONDENT HEREIN
PRODUCED AT ANNEXURE-D AND ETC.,
IN WP.NO.79694/2013:
BETWEEN:
NEELAKANTHAGOUDA S/O. MARIGOUDA PATIL,
AGE: 61 YEARS, OCC: RETIRED HEAD MASTER,
R/O. PLOT NO. 407/B-26, RAJEEB GANDHI NAGAR
ROAD, ISHWAR LAYOUT, GADAG
TQ AND DIST: GADAG - 582 102.
...PETITIONER
(BY SRI RAGHUVEER R. SATTIGERI, ADVOCATE FOR
SRI G.B.SHASTRY, ADVOCATE)
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NC: 2024:KHC-D:9171
WP No. 75023 of 2013
C/W WP No. 79694 of 2013
AND:
1. THE STATE OF KARNATAKA,
REPRESENTED BY ITS SECRETARY TO
FINANCE DEPARTMENT,
VIDHANA SOUDHA,
BANGALORE - 560 001.
2. THE CHIEF SECRETARY,
GOVERNMENT OF KARNATAKA,
VIDHANA SOUDHA,
BANGALORE - 560 001.
3. THE SPECIAL OFFICER AND EX OFFICIO,
DEPUTY SECRETARY,
FINANCE DEPARTMENT (PENSION),
MULTISTORIED BUILDING,
BANGALORE - 560 001.
4. THE ACCOUNTANT GENERAL,
(A AND E) GOVERNMENT OF KARNATAKA,
P.B. NO. 5369, PARK HOUSE ROAD,
BANGALORE - 560 001.
...RESPONDENTS
(BY SRI SHIVAPRABHU S. HIREMATH, AGA FOR R1 TO R4)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO A WRIT OR
CERTIORARI OR ANY OTHER WRIT QUASHING THE
GOVERNMENT ORDER DTD.03.05.2012 ISSUED BY THE 3RD
RESPONDENT HEREIN PRODUCED AT ANNEXURE-D. ISSUE A
WRIT OR CERTIORARI OR ANY OTHER WRIT QUASHING THE
ORDER/ENDORSEMENT DTD.30.08.2012 MADE IN NO. AA.
EE(V) 158 PEN 2012 PASSED BY THE 3RD RESPONDENT
PRODUCED AT ANNEXURE-G AND ETC.,
THESE PETITIONS, COMING ON FOR PRELIMINARY
HEARING - B GROUP, THIS DAY, THE COURT MADE THE
FOLLOWING:
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NC: 2024:KHC-D:9171
WP No. 75023 of 2013
C/W WP No. 79694 of 2013
ORDER
1. Though memo of retirement dated 04.07.2024
is filed by the counsel for the petitioners, the same cannot
be accepted, since the retirement notice is stated to have
been sent to the petitioners on 19.05.2023 and the
present retirement memo is filed after lapse of about one
year.
2. Nevertheless, learned counsel for the
petitioners fairly submits that the issue raised in this
petition is covered by the judgment of the Coordinate
Bench of this Court in W.P.No.5948 of 2013, passed in
the case of S.R.Panchaksharaiah and others Vs. The
State of Karnataka on 07.11.2023. The petitioners in
this case are seeking relief in the nature of extension of
benefits of revised pay and pension as per the Pay
Committee Report in respect of the petitioners, on par
with the employees who have retired on or after
01.04.2012, and also to extend consequential service
benefits, including the interest thereon until the payment.
NC: 2024:KHC-D:9171
3. Similar issue came up for consideration before
the Coordinate Bench of this Court in the aforesaid writ
petition in the case of S.R.Panchaksharaiah and others.
The Coordinate Bench of this Court on going through the
merits of the case and also the cutoff date being
01.04.2012, declined to grant the relief to the petitioners
therein who had retired prior to 01.04.2012.
4. In the instant case as well, the petitioners have
admittedly retired prior to 01.04.2012, as such, the
revised pay commission benefits cannot be extended to
the petitioners. Since the matter is already covered, this
Court do not see any reason to interfere in the petition.
Petition is dismissed accordingly.
SD/-
JUDGE
KGK/CT-ASC
