Karnataka High Court
The State Of Karnataka vs Sri Suresh S on 31 July, 2024
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WP No. 25598 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 31ST DAY OF JULY, 2024
PRESENT
THE HON'BLE MRS JUSTICE ANU SIVARAMAN
AND
THE HON'BLE MR JUSTICE G BASAVARAJA
WRIT PETITION NO. 25598 OF 2023 (S-KSAT)
BETWEEN:
1. THE STATE OF KARNATAKA
REP. BY ITS PRINCIPAL SECRETARY
TO GOVERNMENT,
HOME DEPARTMENT (POLICE),
VIDHANA SOUDHA,
BENGALURU-560001.
2. THE DIRECTOR GENERAL AND
INSPECTOR GENERAL OF POLICE
IN KARNATAKA, NRUPATHUNGA ROAD,
BENGALURU-560001.
3. THE DEPUTY COMMISSIONER OF POLICE
Digitally signed CENTRAL DIVISION, BENGALURU CITY,
by NANDINI D
Location: High
CUBBON PARK POLICE STATION,
Court of BENGALURU-560001.
Karnataka
...PETITIONERS
(BY SRI. NAVEEN CHANDRASHEKAR, AGA.)
AND:
1. SRI SURESH S
AGED ABOUT 52 YEARS,
S/O SRI. SUBBARAYAN K,
CIVIL POLICE CONSTABLE-2678
(PREVIOUS WORKED IN
HALASURU GATE POLICE STATION),
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WP No. 25598 of 2023
PRESENTLY IN ASHOK NAGAR POLICE STATION,
CENTRAL DIVISION, BENGALURU-560025
R/AT NO.138, 3RD CROSS, NISARGA LAYOUT,
ABBIGERE, NEAR ROYAL TECHNO SCHOOL,
CHIKKABANAVARA POST, BENGALURU-560090.
...RESPONDENT
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
OR ORDER/DIRECTION TO SET ASIDE THE IMPUGNED ORDER
DATED 15.09.2021 PASSED BY THE HON'BLE KSAT,
BENGALURU IN APPLICATION No. 1586/2021 VIDE
ANNEXURE-A ETC.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS
UNDER:
CORAM: HON'BLE MRS JUSTICE ANU SIVARAMAN
and
HON'BLE MR JUSTICE G BASAVARAJA
ORAL JUDGMENT
(PER: HON'BLE MRS JUSTICE ANU SIVARAMAN)
This writ petition is filed by the State of Karnataka
challenging the order of the Karnataka State
Administrative Tribunal (for short 'Tribunal') in application
No.1586/2021 dated 15.09.2021.
2. Learned Government Advocate appearing for
the petitioners submits that the respondent as a
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Ex-serviceman having rendered service of eighteen years,
one month and twelve days in the Indian Army, on being
discharged from service on 31.07.2006, he was paid
pension and dearness relief thereon. Thereafter, he was
re-appointed as Civil Police Constable by Annexure-A2
dated 19.07.2008 and his pay has been fixed by
Annexure-A3 in terms of Rule 41(c) of Karnataka Civil
Service Rules (for short 'KCSR' Rules).
3. It is submitted that a circular has been issued
by the Central Government provided that re-employed of
military pensioners, are not entitled to dearness relief on
military pension drawn by them. On the basis of the
circular issued by the Central Government, the petitioners
had sought suspension of dearness reliefs being drawn by
the respondent on the military pension.
4. The first respondent approached the Tribunal
and the Tribunal had considered the matter and relying on
the judgment of this Court in W.P.No.10222/2019 decided
on 18.06.2021 that the order of suspension of dearness
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allowance and pension received from military authorities
cannot be sustained. Annexure-A4, which was the order
dated 11.04.2017 passed by the third respondent was
found to have been withdrawn.
5. Learned Government Advocate appearing for
the petitioner would contend that the reliance placed by
the Tribunal on the judgment of this Court dated
18.06.2021 in W.P.No.10222/2019 was misconceived
since a Special Leave Appeal(for short 'SLA') has been
filed as against the said judgment and the same has been
admitted and the interim order of stay has been passed by
the Hon'ble Apex Court. It is therefore contended that the
grant of any benefits to the respondent would have to be
made subject to the result of Special Leave Appeal i.e. SLA
No.15515/2021. A copy of the order of stay dated
08.10.2021 is also made available before us.
6. Having considered the contentions advanced,
we notice that the Tribunal has relied on the judgment of
this Court in W.P.No.10222/2019, the said judgment has
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been taken up before the Apex Court, and the SLA stands
admitted, and stay has been granted by the Apex Court.
Since the facts are stated to be similar and it is based on
the Judgment in W.P.No.10222/2019 the Tribunal has
allowed the instant application, all that is required is to
clarify that the order of the Tribunal in the instant case will
also be subject to the result of the SLA, pending before
the Apex Court.
7. We, therefore dispose of this writ petition
without issuing notice to the private respondents since we
are only clarifying that the order of the Tribunal will be
subject to the result of the SLA pending before the Apex
Court.
Sd/-
(ANU SIVARAMAN)
JUDGE
Sd/-
(G BASAVARAJA)
JUDGE
