Karnataka High Court
Appasaheb Gundappa Dhanal vs The Director Of Municipal ... on 29 May, 2024
Author: M.G.S. Kamal
Bench: M.G.S. Kamal
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NC: 2024:KHC-D:7143
WP No. 66531 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.66531/2012(S-R)
BETWEEN:
APPASAHEB GUNDAPPA DHANAL
AGE: 60 YEARS, OCC: RETD. FDA,
R/O: H.NO. 254, PAVALI GALLI,
SNIPPANI, TQ: CHIKODI, DIST: BELGAUM
...PETITIONER
(BY SRI VIJAY M. MALALI AND K.S.PATIL, ADVOCATE)
AND:
1. THE DIRECTOR OF MUNICIPAL ADMINISTRATION,
VISHWESHWARAYYA TOWER,
DR. AMBEDKAR VEEDI, BANGALORE.
2. CHIEF OFFICER,
TOWN MUNICIPAL COUNCIL,
NIPANI, TQ: CHIKODI,
DIST: BELAGAVI.
Digitally signed
by YASHAVANT
NARAYANKAR 3. THE ASSISTANT CONTROLLER,
Location: High
Court of
LOCAL AUDIT CIRCLE, RAMTHIRTH NAGAR,
Karnataka
2ND STAGE, DIST: BELAGAVI.
...RESPONDENTS
(BY SRI P.N.HATTI, HCGP FOR R1 AND R3;
SRI A.S.MURTALE, 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.1,00,000/- TO THIS PETITIONER WITH
IMMEDIATE EFFECT. ISSUE THE WRIT OF CERTIORARI QUASHING
THE IMPUGNED ORDER DATED 06/12/2010 BEARING
NO.LAL/ARM/12:2010-11/755 PASSED BY RESPONDENT NO.3 VIDE
ANNEXURE-C AND ETC.,
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NC: 2024:KHC-D:7143
WP No. 66531 of 2012
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
10.10.1980 and that the said Order since withdrawn, the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
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
NC: 2024:KHC-D:7143
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 06.12.2012 bearing No.LAL/ARM:12:2010-
11/750 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
