Karnataka High Court
The State Of Karnataka vs Sri H K Subramanya on 4 March, 2024
Author: Chief Justice
Bench: Chief Justice
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WA No. 1388 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF MARCH, 2024
PRESENT
THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE T.G. SHIVASHANKARE GOWDA
WRIT APPEAL NO. 1388 OF 2023 (S-RES)
BETWEEN:
1. THE STATE OF KARNATAKA,
REPRESENTED BY
ITS PRINCIPAL SECRETARY,
REVENUE DEPARTMENT,
M S BUILDING,
AMBEDKAR VEEDHI,
BENGALURU-560 001.
2. THE DEPUTY COMMISSIONER,
HASSAN DISTRICT,
B.M.ROAD,
HASSAN-573 201.
Digitally signed 3. THE TAHASILDAR,
by AMBIKA H B ALUR TALUK,
Location: HIGH
COURT OF MINI VIDHANA SOUDHA,
KARNATAKA ALUR TALUK,
ALUR-577 512,
HASSAN DISTRICT.
...APPELLANTS
(BY SRI. GOVT ADVOCATE.,ADVOCATE)
AND:
1. SRI H K SUBRAMANYA,
S/O LATE K S KRISHNA MURTHY,
AGED ABOUT 70 YEARS
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WA No. 1388 of 2023
EX SHANBOUGUE, ALUR TALUK
R/AT KASHYAP,
4TH CROSS, 3RD MAIN ROAD,
NEAR WATER TANK,
SHANTHINAGAR,
HASSAN-573 201.
...RESPONDENT
THIS WRIT APPEAL IS FILED 4 OF THE KARNATAKA HIGH
COURT ACT PRAYING TO CALL FOR RECORDS b) ALLOW THIS
WRIT APPEAL AND SET ASIDE THE ORDER DATED 03.01.2022
PASSED BY THE LEARNED SINGLE JUDGE OF THIS HONBLE
COURT IN WP No-24180/2021 (S-RES) IN THE INTEREST OF
JUSTICE AND EQUITY AND ETC.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY,
CHIEF JUSTICE DELIVERED THE FOLLOWING:
JUDGMENT
Heard learned Additional Government Advocate Smt. Niloufer
Akbar for the appellants -State of Karnataka and its authorities.
2. The challenge in this writ appeal is addressed to the judgment and
order dated 03.01.2022 passed in Writ Petition No.24180 of 2021,
whereby learned Single Judge set aside the endorsement dated
07.01.2020, by which the grant of interest on the delayed payment of
pension to the petitioner was declined by the authority. Learned Single
Judge further directed to consider the representation of the petitioner in
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light of the earlier orders passed by the Court, granting interest on the
delayed payment of pension within stipulated time of three months.
3. In the original writ petition, the case of the petitioner was based on
the judgment and order of the Karnataka Administrative Tribunal,
Bengaluru, in Application No.1108-1120 of 1998 whereby the petitioner
was held entitled to payment of pension. The order of the Tribunal came
to be confirmed by the Division Bench of this Court in Writ Petition
No.39634 of 2004 and cognate petitions. It was held that Shanbhogues
and Patwaries as well as other deemed Village Accountants were
entitled to pension as per the Government Order dated 28.11.1979.
3.2 It was the grievance that despite forwarding the request, the claim
of the petitioner for pension was not considered by the authorities. The
amount of pension of Rs.2,86,001/- came to be paid belatedly. The
petitioner claimed interest on the delayed payment from the date of the
order till realization by filing the writ petition making prayers in that
regard.
3.3 While negating the claim of interest, respondent-authorities stated
that the pension was paid to the petitioner as a special case. Therefore,
interest could not granted.
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4. The writ petition culminated into the aforesaid order of learned
Single Judge requiring the authorities to consider the case of the
petitioner for grant of interest.
5. Although the stand was that the pension was paid as a special case,
nothing was indicated as how the case was special. There are variety of
aspects which stand in favour of the petitioner when he claims interest
on the pension amount.
5.1 The order dated 27.01.2017 passed in another
W.P.No.33856/2015 was relied by learned Single Judge. Also quoted in
the impugned order, the said order dated 27.01.2017 reads as under:-
"(2). Though in the affidavit it is not specified that interest
would be paid, Sri.E.S.Indiresh, learned AGA appearing
for respondent - State on instructions from deponent of
the Affidavit - Dr.Prashanth R., Additional Deputy
Commissioner, Ramanagara, who is present before
Court, submits that pensionary benefits would also
include interest as ordered by this Court and steps would
be taken in that regard.
(3). In that view of the matter, placing the submission and
affidavit filed today on record, writ petition stands
disposed of. However, it is made clear that if for any
reason said undertaking is not complied, petitioner would
be at liberty to revive this writ petition."
5.2 Thus, it was the clear stand taken on behalf of the State that
pensionary benefit would be paid inclusive of interest. The said writ
petition was by identically situated petitioners. There is no dispute on this
score. The claim of interest by the present petitioner was favourably
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considered by learned Single Judge on the basis of all the above
aspects.
6. No case is made out to interfere with the directions of the learned
Single Judge including grant of interest on the delayed payment of
pension to the petitioner.
7. The writ appeal is liable to be dismissed. The same is hereby
dismissed.
In view of dismissal of the appeal, the interlocutory applications, if
any, would not survive and they stand accordingly disposed of.
Sd/-
CHIEF JUSTICE
Sd/-
JUDGE
THM
