Karnataka High Court
The Union Of India vs Sri K S Mani on 21 December, 2018
Bench: Ravi Malimath, K.Natarajan
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
ON THE 21ST DAY OF DECEMBER, 2018
BEFORE
THE HON'BLE MR. JUSTICE RAVI MALIMATH
AND
THE HON'BLE MR.JUSTICE K.NATARAJAN
WRIT PETITION NO.2113 OF 2015
AND
WRIT PETITION NOS.45177-45183 OF 2015 (S-CAT)
BETWEEN:
1. THE UNION OF INDIA
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF POSTS,
DAK BHAVAN,
NEW DELHI-110001.
2. THE CHIEF POSTMASTER GENERAL
KARNATAKA CIRCLE,
PALACE ROAD,
BENGALURU-560001.
...PETITIONERS
(BY SRI H. JAYAKARA SHETTY, ADVOCATE)
AND:
1. SRI K. S. MANI
AGED ABOUT 61 YEARS,
SON OF LATE K. V. SEETHARAM,
WORKING AS SECTION SUPERVISOR,
2
OFFICE OF THE CHIEF POSTMASTER GENERAL
KARNATAKA CIRCLE,
RESIDING AT NO.78, 4TH CROSS,
SHAMANNA LAYOUT,
GOTTIGERE, BENGALURU-560003.
2. SRI C. HARRY CHARLES
AGED ABOUT 58 YEARS,
SON OF LATE S. CHOWRI,
WORKING AS SECTION SUPERVISOR,
OFFICE OF THE CHIEF POSTMASTER GENERAL
KARNATAKA CIRCLE,
RESIDING AT NO.62, 6TH CROSS,
SADASHIVA TEMPLE STREET,
R.S. PALAYAM, KAMMANAHALLI MAIN ROAD,
BENGALURU-560033.
3. SRI B. A. KRISHNA PRASAD
AGED ABOUT 67 YEARS,
SON OF B. V. ALASINGARACHAR,
RETIRED AS POSTAL ASSISTANT (BCR),
OFFICE OF THE CHIEF POSTMASTER GENERAL
KARNATAKA CIRCLE,
RESIDING AT NO.3702/2, 7TH CROSS (NEW)
RAILWAY PARALLEL ROAD,
GAYATHRINAGAR, BENGALURU-560021.
4. SRI MD. ZIAULLAH KHAN
AGED ABOUT 67 YEARS,
SON OF MD. DASTAGIR KHAN
RETIRED AS POSTAL ASSISTANT (BCR),
OFFICE OF THE CHIEF POSTMASTER GENERAL
KARNATAKA CIRCLE,
BENGALURU-560001,
RESIDING AT NO.545, 2ND CROSS,
BIRAPPA GARDEN, CHAMUNDINAGAR,
R.T.NAGAR POST, BENGALURU-560032.
3
5. SMT. B. LAKSHMI
AGED ABOUT 56 YEARS,
WIFE OF P. S. KULKARNI,
RETIRED AS SECTION SUPERVISOR,
OFFICE OF THE CHIEF POSTMASTER GENERAL
KARNATAKA CIRCLE,
BENGALURU-560001,
RESIDING AT NO.1559/8, 9TH MAIN,
SAHAKARANAGAR,
BENGALURU-560092.
6. SMT. PUSHPAVATHI JAWALE
AGED ABOUT 57 YEARS,
WIFE OF PRAKASH KONDERPALLI,
WORKING AS SECTION SUPERVISOR (PLI),
OFFICE OF THE CHIEF POSTMASTER GENERAL
KARNATAKA CIRCLE,
BENGALURU-560001,
RESIDING AT H.NO.256, F BLOCK,
SAHAKARANAGAR,
BENGALURU-560092.
7. SMT. T. V. VIJAYA BAI
AGED ABOUT 56 YEARS,
WIFE OF RAMESH VITTAL,
WORKING AS SECTION SUPERVISOR,
OFFICE OF THE CHIEF POSTMASTER GENERAL
KARNATAKA CIRCLE,
BENGALURU-560001,
RESIDING AT NO.542, 1ST STAGE,
2ND BLOCK, 5TH MAIN, HBR LAYOUT,
BENGALURU-560043.
8. SRI M. D. NARAYANA MURTHY
AGED ABOUT 56 YEARS,
SON OF DUGAIAH,
WORKING AS POSTAL ASSISTANT (BCR),
OFFICE OF THE CHIEF POSTMASTER GENERAL
4
KARNATAKA CIRCLE,
BENGALURU-560001,
RESIDING AT NO.87, 5TH CROSS,
NANJAPPA GARDEN, BABUSAPALYA,
KALYANANAGAR,
BENGALURU-560043.
... RESPONDENTS
(BY SRI A. R. HOLLA, ADVOCATE (ABSENT))
THESE WRIT PETITIONS ARE FILED UNDER
ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA
PRAYING TO CALL FOR RECORDS WHICH ULTIMATELY
RESULTED IN PASSING THE ORDER ANNEXURE-A DATED
31.7.2014 MADE IN O.A.NO.315 TO 322 OF 2013 BY THE
HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL,
BENGALURU BENCH AND QUASH THE ORDER ANNEXURE-A
DATED 31.7.2014 MADE IN O.A.NO.315 TO 322 OF 2013
BY THE HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL,
BENGALURU BENCH AND DISMISS THE O.A.NOS.315 TO
322 OF 2013 FILED BY THE RESPONDENTS.
*****
THESE WRIT PETITIONS COMING ON FOR HEARING
THIS DAY, RAVI MALIMATH J., MADE THE FOLLOWING:
ORDER
Aggrieved by the order passed by the Tribunal directing the respondents to extend the benefit of the Judgments referred to therein, to the applicants, 3 years prior to their respective representations the impugned 5 order therein was quashed. The respondents were directed to advance the date of promotion and to pay the monitory benefits with interest at the rate of 9% per annum.
2. The petitioners' counsel submits that so far as the merits of the petitions are concerned, they are covered by the earlier order passed in Writ Petition Nos.1606 of 2015 and connected matters disposed off on 5-11-2018. However, the same is disputed by the respondents. The petitioners' only contention is with regard to grant of 9% interest by the Tribunal. He has accordingly filed a memo in the Court today, enclosing the copies of the letters written by respondents 1 to 8 wherein they have stated that they are ready to forego 9% interest that has been ordered by the CAT provided the remaining reliefs are granted as early as possible.
3. The learned counsel for the petitioners contends that the relief as granted by the CAT excluding 6 9% would be paid to the contesting respondents within a period of 4 weeks from the date of receipt of a copy of this order. Under these circumstances, in view of the communication by respondents 1 to 8 themselves the order of the Tribunal is modified. The order granting 9% interest per annum is set aside. Rest of the order sustains.
The petitioners are directed to comply with the presently modified order of the Tribunal within a period of 4 weeks from the date of receipt of a copy of this order. Petitions are disposed off accordingly.
Sd/- Sd/-
JUDGE JUDGE
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