Karnataka High Court
Non Gazetted Staff Union vs Director General Of Meteorology on 25 July, 2023
Author: P.S.Dinesh Kumar
Bench: P.S.Dinesh Kumar
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NC: 2023:KHC:25791-DB
WP No. 23992 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF JULY, 2023
PRESENT
THE HON'BLE MR JUSTICE P.S.DINESH KUMAR
AND
THE HON'BLE MR JUSTICE T.G. SHIVASHANKARE GOWDA
WRIT PETITION NO. 23992 OF 2022 (S)
Digitally signed
BETWEEN:
by YASHODHA N
Location: HIGH 1. NON GAZETTED STAFF UNION
COURT OF OF INDIAN METEOROLOGICAL DEPARTMENT
KARNATAKA
REPRESENTED BY DEPUTY REGIONAL
SECRETARY
B.L. SHIVAPRAKASH
S/O SHRI. K. LINGIAH
AGED ABOUT 51 YEARS
WORKING AS SCIENTIFIC ASSISTANT (GROUP-B)
NOW PROMOTED AS METEOROLOGIST-A
INDIAN METEOROLOGICAL DEPARTMENT
FMC GADAG, SAMBAPUR ROAD
GADAG DISTRICT
2. M. VENKATESH
S/O LATE MUNIVANKATAPPA
AGED ABOUT 60 YEARS
WORKING AS ATTENDANT/MTS (GROUP C RETIRED)
O/O CENTRAL OBSERVATORY COMPLEX
METEOROLOGICAL CENTRE
PALACE ROAD
BENGALURU-560 076.
3. R. PRASAD
S/O H. RAMACHANDRA
AGED ABOUT 51 YEARS
WORKING AS SCIENTIFIC ASSISTANT (GROUP B)
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NC: 2023:KHC:25791-DB
WP No. 23992 of 2022
PILOT BALLOON OBSERVATORY
NOW PROMOTED AS METEOROLOGIST-A
OFFICE OF METEOROLOGICAL DEPARTMENT
NO.909, 9TH MAIN, 4TH CROSS
BTM 2ND STAGE
BANGALORE-76.
4. K. HANUMANTHA RAJU
S/O LATE KEMPERANGAIAH
AGED ABOUT 59 YEARS
WORKING AS ATTENDANT/MTS (GROUP-C)
O/O CENTRAL OBSERVATORY COMPLEX
METEOROLOGICAL CENTRE, PALACE ROAD
BENGALURU-560 001. ...PETITIONERS
(BY SHRI. M. RAJAKUMAR, ADVOCATE)
AND:
1. DIRECTOR GENERAL OF METEOROLOGY
INDIAN METEOROLOGICAL DEPARTMENT
MINISTRY OF EARTH SCIENCE
MAUSAM BHAVAN, LODHI RAOD
NEW ELHI-110 003.
2. DEPTUY DIRECTOR GENERAL OF METEOROLOGY
REGIONAL METEOROLOGY CENTRE
INDIAN METEOROLOGY DEPARTMENT
50, COLLEGE ROAD
CHENNAI.
3. UNION OF INDIA
THROUGH THE SECRETARY
MINISTRY OF EARTH SCIENCE
PRITHVI BHAVAN
CMD COMPOUND, LODHI ROAD
NEW DELHI-110 003. ...RESPONDENTS
(SHRI. D. BASAVARAJA, SENIOR CGSC)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDER
DATED 12.02.2020 AT ANNEXURE-A PASSED BY THE CENTRAL
ADMINISTRATIVE TRIBUNAL, BENGALURU BENCH, BENGALURU IN OA
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NC: 2023:KHC:25791-DB
WP No. 23992 of 2022
No-1527-1530/2018 AND DECLARE IT TO BE ILLEGAL, ARBITRARY AND
UNTENABLE AND DIRECT THE RESPONDENTS TO CONSIDER THE
REPRESENTATIONS OF THE UNION PETITIONERS DATED 26.08.2016
AND 08.12.2016 FOR GRANTING THE RATE OF NIGHT DUTY
ALLOWANCES ON THE BASIS OF ACTUAL PAY STRUCTURE ARRIVED IN
TERMS OF THE CCS (RP) RULES 2008 WITH ARREARS WHILE TAKING
APPROVAL OF THE COMPETENT AUTHORITY AND THERE AFTER TO PAY
6 PERCENT INTEREST.
THIS W.P., COMING ON FOR PRELIMINARY HEARING, THIS DAY,
P.S.DINESH KUMAR, J., MADE THE FOLLOWING:
ORDER
Shri M.Rajakumar, learned advocate for petitioners submits that respondents No.1 to 3 have filed counter along with Annexures R1 & R2 stating that petitioners' case has been considered. According to him, petitioners' case has not been properly considered. He seeks leave to withdraw this writ petition with liberty to challenge both Annexures R1 & R2 dated 13.07.2020 & 19.06.2018 respectively. He has filed a memo of even date to the said effect and the same be kept in record.
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NC: 2023:KHC:25791-DB WP No. 23992 of 2022
2. In view of the above, this writ petition stands dismissed as withdrawn with liberty as prayed for.
No costs.
Sd/-
JUDGE Sd/-
JUDGE YN List No.: 1 Sl No.: 34