Imamsaheb Mohammedsaheb Magadum vs The Director Of Municipal ...
2024 Latest Caselaw 11898 Kant

Karnataka High Court

Imamsaheb Mohammedsaheb Magadum vs The Director Of Municipal ... on 29 May, 2024

Author: M.G.S. Kamal

Bench: M.G.S. Kamal

                                           -1-
                                                  NC: 2024:KHC-D:7142
                                                    WP No. 66530 of 2012




                      IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                           DATED THIS THE 29TH DAY OF MAY, 2024

                                         BEFORE

                           THE HON'BLE MR JUSTICE M.G.S. KAMAL

                            WRIT PETITION NO.66530/2012(S-R)

                 BETWEEN:

                 IMAMSAHEB MOHAMMEDSAHEB MAGADUM,
                 AGE: 60 YEARS, OCC: RETD. FDA,
                 R/O: HONNI HALLI, POST: KONANKERI,
                 TQ: HUKKERI, DIST: BELAGAVI.
                                                              ...PETITIONER
                 (BY SRI VIJAY M. MALALI AND K.S. PATIL, ADVOCATES)

                 AND:

                 1.   THE DIRECTOR OF MUNICIPAL ADMINISTRATION
                      VISHWESHWARAYYA TOWER,
                      DR. AMBEDKAR VEEDI,
                      BANGALORE.

                 2.   CHIEF OFFICER,
                      TOWN MUNICIPAL COUNCIL
Digitally
signed by
YASHAVANT
                      SANKESHWAR, TQ: HUKKERI,
NARAYANKAR
Location: High
                      DIST: BELAGAVI.
Court of
Karnataka

                 3.   THE ASSISTANT CONTROLLER,
                      LOCAL AUDIT CIRCLE,
                      RAMTHIRTH NAGAR, 2ND STAGE,
                      BELAGAVI.
                                                          ...RESPONDENTS
                 (BY SRI P.N.HATTI, HCGP FOR R1 AND R3;
                 SRI S.S.BAWAKHAN, ADVOCATE FOR R2)

                     THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
                 CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF
                 MANDAMUS DIRECTING THE RESPONDENTS TO RELEASE THE
                 WITHHELD AMOUNT OF RS.1,50,000/- TO THIS PETITIONER
                               -2-
                                      NC: 2024:KHC-D:7142
                                            WP No. 66530 of 2012




WITH IMMEDIATE EFFECT. ISSUE THE WRIT OF CERTIORARI
QUASHING THE IMPUGNED ORDER DATED 30/04/2012
BEARING NO.LAL/PIM VI/2012-13 PASSED BY RESPONDENT
NO.3 VIDE ANNEXURE-C AND ETC.,

     THIS PETITION, COMING ON FOR PRELIMINARY HEARING
- B GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

                             ORDER

1. The petitioner was employee of the respondent-

Municipal Council, who was given benefit of advance

increment for having completed graduation at the time of

joining the service as Second Divisional Assistant. However,

at the time of the retirement, the 3rd respondent sought to

withhold portion of retirement benefits on the premise that

the advance increment that was given to the petitioner was

under the Government Order No.HUD/869/MLR/78 dated

25.04.1981 and that the said Order since withdrawn, the

pension paid to the petitioner is contrary to the Rule 214.

2. Counsel for the petitioner today furnishes Order

dated 01.03.2024 passed by the Coordinate Bench of this

Court in WP No.66532/2012 involving identical fact situation,

wherein the Coordinate Bench of this Court taking note of

the judgment of the Hon'ble Apex Court rendered in the case

NC: 2024:KHC-D:7142

of State of Punjab and Others Vs.Rafiq Masih (White

Washer) and Others, (2015)4 SCC 834, has allowed the

writ petition. Since the petitioner in this petition is also

situated in the similar position as that of the petitioner in the

said writ petition, the present petition is also liable to be

allowed.

3. Learned High Court Government Pleader does not

dispute the aforesaid factual and legal aspects of the matter.

Accordingly, the following:

ORDER

Writ petition is allowed.

Order dated 30.04.2012 bearing No.LAL/PIM/VI:2012-

13 produced at Annexure-C to the writ petition is quashed.

The respondent No.3 is directed to release the amount

withheld and payable to the petitioner within a period of two

weeks from the date of receipt of certified copy of this order.

SD/-

JUDGE

KGK/CT-ASC