Karnataka High Court
L Shamanna vs Bangalore Urban on 24 March, 2017
Bench: Raghvendra S.Chauhan, P.S.Dinesh Kumar
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF MARCH 2017
PRESENT
THE HON'BLE MR.JUSTICE RAGHVENDRA S. CHAUHAN
AND
THE HON'BLE MR.JUSTICE P.S. DINESH KUMAR
REVIEW PETITION No.366/2015 &
REVIEW PETITION Nos.601-663/2015
IN
WRIT PETITION Nos.5906 & 10211-10220/2014
C/W
REVIEW PETITION No.454/2015 &
REVIEW PETITION Nos.104-160/2016
IN
WRIT PETITION Nos.5905 & 10190-10210/2014 (S-KAT)
IN REVIEW PETITION No.366/2015 &
REVIEW PETITION Nos.601-663/2015:
BETWEEN :
1. L. SHAMANNA
AGED ABOUT 64 YEARS,
S/O. SRI LAKSHMAIAH,
NO.19/1, 1ST CROSS,
LAKKASANDRA,
BANGALORE-560030.
RESPONDENT-6 IN
W.P. 5906 & 10211 - 10220/2014
RESPONDENT-7 IN WP 20362 &
21223-56/2014
RESPONDENT-2 IN WP 14515 &
27484-500/2014.
2
2. R. MUNIRAJU
AGED ABOUT 65 YEARS,
S/O. RAMAIAH,
NO.5/1, SAKKAMMA GARDEN,
1ST MAIN, 'B' ROAD,
BASAVANGUDI,
BANGALORE-560004.
RESPONDENT-7 IN
W.P. 5906 & 10211 - 10220/2014
RESPONDENT-28 IN WP 20362 &
21223-56/2014
RESPONDENT-3 IN WP 14515 &
27484-500/2014.
3. K. NARASIMHA GOWDA
AGED ABOUT 66 YEARS,
S/O. KUNTE GOWDA,
NO.203, SRIRAM ROAD,
T. R. NAGAR II BLOCK,
BANGALORE-560038.
RESPONDENT-8 IN
W.P. 5906 & 10211 - 10220/2014
RESPONDENT-30 IN WP 20362 &
21223-56/2014
RESPONDENT-5 IN WP 14515 &
27484-500/2014.
4. K. V. JAYARAJ
AGED ABOUT 67 YEARS,
S/O. K.R.V. RAJA,
NO.61/2, SOUTH END CIRCLE,
NAGASANDRA,
BASAVANGUDI,
BANGALORE-560004.
RESPONDENT-10 IN
W.P. 5906 & 10211 - 10220/2014
RESPONDENT-32 IN WP 20362 &
21223-56/2014
RESPONDENT-7 IN WP 14515 &
27484-500/2014.
3
5. B. BYRA
AGED ABOUT 66 YEARS,
S/O. SIDDAPPA,
NO.394, 5TH CROSS,
NAGENDRA BLOCK,
SRINAGAR,
BANGALORE-560050.
RESPONDENT-11 IN
W.P. 5906 & 10211 - 10220/2014
RESPONDENT-33 IN WP 20362 &
21223-56/2014
RESPONDENT-8 IN WP 14515 &
27484-500/2014.
6. S. VENKATACHALAPATHY
AGED ABOUT 61 YEARS,
S/O. SUBBAIAH SETTY,
RESIDING AT MESTRY
RAMAIAH COMPOUND,
ROOPENA AGRAHARA,
MADIWALA POST,
BANGALORE-560068.
RESPONDENT-12 IN
W.P. 5906 & 10211 - 10220/2014
RESPONDENT-34 IN WP 20362 &
21223-56/2014
RESPONDENT-9 IN WP 14515 &
27484-500/2014.
7. MARAIAH
AGED ABOUT 64 YEARS,
S/O. KAMBAIAH,
NO.3, MUNESHWARA BLOCK,
MYSORE ROAD,
BANGALORE-560026.
RESPONDENT-13 IN
W.P. 5906 & 10211 - 10220/2014
RESPONDENT-35 IN WP 20362 &
21223-56/2014
4
RESPONDENT-10 IN WP 14515 &
27484-500/2014.
8. SANJAYA
AGED ABOUT 63 YEARS,
S/O. MUNIYAPPA,
NO.410, 9TH CROSS,
ANNAPOORNESHWARI NAGAR,
RHBS, NAGARBHAVI II STAGE,
BANGALORE-560072.
RESPONDENT-14 IN
W.P. 5906 & 10211 - 10220/2014
RESPONDENT-36 IN WP 20362 &
21223-56/2014
RESPONDENT-11 IN WP 14515 &
27484-500/2014.
9. E. SHEKAR
AGED ABOUT 68 YEARS,
S/O. ELLAPPA,
NO.157, 13TH CROSS,
16TH MAIN, TAVARAKERE,
BTM 1ST STAGE,
BANGALORE-560029.
RESPONDENT-15 IN
W.P. 5906 & 10211 - 10220/2014
RESPONDENT-37 IN WP 20362 &
21223-56/2014
RESPONDENT-12 IN WP 14515 &
27484-500/2014.
10. A. KEMPAIAH
AGED ABOUT 66 YEARS,
S/O. KEMPAIAH,
NO.189/46, 4TH CROSS,
12TH MAIN SRINAGAR,
BANGALORE-560050.
RESPONDENT-16 IN
W.P. 5906 & 10211 - 10220/2014
RESPONDENT-38 IN WP 20362 &
21223-56/2014
5
RESPONDENT-13 IN WP 14515 &
27484-500/2014.
11. K. RAMAIAH
AGED ABOUT 61 YEARS,
S/O. B. M. KRISHNAPPA,
NO.183, I BLOCK, II CROSS,
KORAMANGALA,
BANGALORE-560034.
RESPONDENT-26 IN
W.P. NO.20362 &
21223-56/2014
RESPONDENT-1 IN WP 14515 &
27484-500/2014.
12. C. S. RAGHAVENDRA RAO
AGED ABOUT 66 YEARS,
S/O. SHESHAGIRI RAO,
NO.6/6, 4TH CROSS,
1ST MAIN, BHARATHI LAYOUT,
S. G. PALYA,
B. R. COLLEGE POST,
BANGALORE-560029.
RESPONDENT-29 IN
W.P. NO.20362 &
21223-56/2014
RESPONDENT-4 IN WP 14515 &
27484-500/2014. ... PETITIONERS
(BY SRI S. V. NARASIMHAN, ADV.)
AND:
1. BANGALORE URBAN
BANGALORE RURAL AND RAMANAGARA
DISTRICT COOPERATIVE MILK
PRODUCERS SOCIETIES UNION LTD.,
POPULARLY AND COMMONLY KNOWN
AS BANGALORE DAIRY (BAMUL),
DR. M. H. MARIGOWDA ROAD,
BANGALORE-560029,
REPRESENTED BY ITS
6
MANAGING DIRECTOR.
2. STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY,
ANIMAL HUSBANDRY & FISHERIES
DEPARTMENT, VIKAS SOUDHA,
BANGALORE-560001.
3. THE ACCONTANT GENERAL
(A & E) IN KARNATAKA,
P.B. NO.5369,
'A' BLOCK NEW BUILDING,
PARK HOUSE ROAD,
BANGALORE-560051
4. THE COMMISSIONER
ANIMAL HUSBANDRY &
VETERINARY SERVICES,
VISHWESHVARAIAH MINI TOWERS,
BANGALORE-560001.
5. THE DISTRICT TREASURY OFFICER
PENSION PAYMENT TREASURY,
K. R. CIRCLE,
BANGALORE-560001
6. KARNATAKA COOPERATIVE MILK
PRODUCERS FEDERATION LTD.,
BY ITS MANAGING DIRECTOR,
K.M.F. COMPLEX,
DR. M. H. MARGOWDA ROAD,
BANGALORE-560029. ... RESPONDENTS
(BY SRI ABHINAV R., ADV. FOR R-1;
SRI S. CHANDRASHEKARAIAH, HCGP FOR R-2 TO R-5;
SRI K. RAMACHANDRAN, ADV. &
SRI M. R. C. RAVI, ADV. FOR R-6)
THESE REVIEW PETITIONS ARE FILED UNDER ORDER 47
RULE 1 OF CPC READ WITH ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA PRAYING TO REVIEW THE ORDER
DATED 26.03.2015 PASSED IN W.P. NO.5906 & 10211 TO
10220/2014, WP NO. 20362 AND 21223-56/2014, W.P. NO.
14515 AND 27484-500/2014 (S-KAT) AND ETC.
7
IN REVIEW PETITION No.454/2015 &
REVIEW PETITION Nos.104-160/2016:
BETWEEN:
1. A. L. NAGESH
S/O. LATE A. LAKSHMINARASIMAIAH,
AGED ABOUT 65 YEARS,
NO.87, DATTA NIKETAN,
JANANA BHARATHI, BDA II STAGE,
ULLALA MIAN ROAD,
NEAR GOVT. PRESS L/O.
BANGALORE-560056.
RESPONDENT-6 IN WP 5905 &
10190-10210/2014
RESPONDENT-1 IN WP 14514/2014
RESPONDENT-1 IN WP 20362 &
21223-56/2014.
2. RAMACHANDRA
S/O. LATE SATHYOJI RAO,
AGED ABOUT 66 YEARS,
NO.106/12, 2ND CROSS,
AREKERE,
BANERGHATTA ROAD,
BANGALORE-560076.
RESPONDENT-9 IN WP 5905 &
10190-10210/2014
RESPONDENT-5 IN WP 14514/2014
RESPONDENT-5 IN WP 20362 &
21223-56/2014.
3. G. M. MARI GOWDA
S/O. LATE KENCHAPPA,
AGED ABOUT 69 YEARS,
NO.5/15, 66TH CROSS,
MADURA NAGARA,
II MAIN ROAD,
RAJAJI NAGAR,
BANGALORE-10.
8
RESPONDENT-10 IN WP 5905 &
10190-10210/2014
RESPONDENT-6 IN WP 14514/2014
RESPONDENT-6 IN WP 20362 &
21223-56/2014.
4. R. KRISHNA MURTHY
S/O. LATE T. RAMADASS,
AGED ABOUT 71 YEARS,
NO.6/17,1ST MAIN,
NANJAPPA LAYOUT,
AUDIGODI,
BANGALORE-30.
RESPONDENT-11 IN WP 5905 &
10190-10210/2014
RESPONDENT-7 IN WP 14514/2014
RESPONDENT-7 IN WP 20362 &
21223-56/2014.
5. T. P. CHANDRAPPA
S/O. LATE PILLAIAH,
AGED ABOUT 69 YEARS,
NO.40, SARABANDE PALYA,
BSK II STAGE,
BANGALORE-85.
RESPONDENT-12 IN WP 5905 &
10190-10210/2014
RESPONDENT-8 IN WP 14514/2014
RESPONDENT-8 IN WP 20362 &
21223-56/2014.
6. D. V. LAKSHMAIAH
S/O. LATE VENKATESHAPPA,
AGED ABOUT 73 YEARS,
NO.121/70/2, 10TH CROSS,
VENKATESHWARA LAYOUT,
SUDDAGUNTE PALYA,
BANGALORE-29.
RESPONDENT-13 IN WP 5905 &
10190-10210/2014
RESPONDENT-9 IN WP 14514/2014
9
RESPONDENT-9 IN WP 20362 &
21223-56/2014.
7. SRI DODDA VENKATAPPA
S/O. L.VENKATESHAPPA,
AGED ABOUT 74 YEARS,
NO.536, 1ST CROSS,
BEHIND SRIDHARA SWAMY ASHRAMA,
SUBRAMANYAPURA POST,
VASANTHAPURA,
BANGALORE-61.
RESPONDENT-15 IN WP 5905 &
10190-10210/2014
RESPONDENT-11 IN WP 14514/2014
RESPONDENT-11 IN WP 20362 &
21223-56/2014.
8. T. R. RAMACHANDRA
S/O. T. R. RAMASWAMY,
AGED ABOUT 68 YEARS,
T.R.R. COMPLEX,
NO.48,D. R. COLLEGE POST,
1ST MAIN ROAD, II CROSS,
NEAR BUS STAND,TAVARKERE,
BANGALORE-29.
RESPONDENT-16 IN WP 5905 &
10190-10210/2014
RESPONDENT-12 IN WP 14514/2014
RESPONDENT-12 IN WP 20362 &
21223-56/2014.
9. JAVARE GOWDA
S/O. HALAGE GOWDA,
NO.79, 5TH MAIN, 3RD CROSS,BY THE SIDE OF
REVANASIDDESHWARA FLOUR MILL,
KEMPE GOWDA NAGAR,
VISHWANIDAM POST,
BANGALORE-91.
RESPONDENT-18 IN WP 5905 &
10190-10210/2014
RESPONDENT-14 IN WP 14514/2014
10
RESPONDENT-14 IN WP 20362 &
21223-56/2014.
10. A. S. TEDDY
S/O. CHELUVARAJU,
AGED ABOUT 64 YEARS,
C/O. T. R. RAMACHANDRA,
NO.48, 2ND CROSS,
1ST MAIN ROAD,
T.R.R COMPLEX,
TAVARAKERE BUS STOP.
D.R. COLLEGE POST,
BANGALORE-29.
RESPONDENT-19 IN WP 5905 &
10190-10210/2014
RESPONDENT-15 IN WP 14514/2014
RESPONDENT-15 IN WP 20362 &
21223-56/2014.
11. A. KRISHNAPPA
S/O. ANDYAPPA,
AGED ABOUT 71 YEARS,
C/O. T.R. RAMACHANDRA,
NO.48, II CROSS, 1ST MAIN,
TAVEREKERE BUS STOP,
T.R.R. COMPLEX,
D.R COLLEGE POST,
BANGALORE-29.
RESPONDENT-20 IN WP 5905 &
10190-10210/2014
RESPONDENT-16 IN WP 14514/2014
RESPONDENT-16 IN WP 20362 &
21223-56/2014.
12. C. VISHWANATHA
S/O. LATE A. CHANNAPPA,
AGED ABOUT 69 YEARS,
NO.8/69, MIRZA ROAD,
NALLAPPA,
ANEKAL562106.
RESPONDENT-21 IN WP 5905 &
11
10190-10210/2014
RESPONDENT-17 IN WP 14514/2014
RESPONDENT-17 IN WP 20362 &
21223-56/2014.
13. K. DEVEGOWDA
S/O. LATE KULLE GOWDA,
AGED ABOUT 70 YEARS,
NO.150/5A, VENKATPURA,
13TH CROSS,KORAMANGALA,
NEAR TEACHERS COLONY,
BANGALORE-34.
RESPONDENT-23 IN WP 5905 &
10190-10210/2014
RESPONDENT-20 IN WP 14514/2014
RESPONDENT-20 IN WP 20362 &
21223-56/2014. ... PETITIONERS
(BY SRI M. R. SHAILENDRA, ADV.)
AND:
1. BANGALORE URBAN
BANGALORE RURAL AND RAMANAGARA
DISTRICT COOPERATIVE MILK
PRODUCERS SOCIETIES UNION LTD,
POPULARLY AND COMMONLY KNOWN
AS BANGALORE DAIRY (BAMUL)
DR. M. H. MARIGOWDA ROAD,
BANGALORE-560029,
REPRESENTED BY ITS MANAGING DIRECTOR.
PETITIONER IN WP 5905 &
10190-10210/2014.
2. STATE OF KARNATAKA
BY ITS PRINCIPAL SECRETARY,
ANIMAL HUSBANDRY & FISHERIES DEPARTMENT,
VIKAS SOUDHA,
BANGALORE-560001.
PETITIONER NO.1 IN WP 20361 &
20362-21223/2014.
12
3. THE ACCOUNTANT GENERAL
(A & E) IN KARNATAKA,
P.B. NO.5369,
'A' BLOCK, NEW BUILDING,
PARK HOUSE ROAD,
BANGALORE-560001.
PETITIONER NO.2 IN WP 20362 &
21223-56/2014.
4. THE COMMISSIONER FOR ANIMAL HUSBANDRY
& VETERINARY SERVICES,
VISHWESHVARAIAH MINI TOWERS,
BANGALORE-560001.
PETITIONER NO.3 IN WP 20362 &
21223-56/2014.
5. THE DISTRICT TREASURY OFFICER
PENSION PAYMENT TREASURY,
K.R. CIRCLE,
BANGALORE-560001.
PETITIONER NO.4 IN WP NO.20362/2014 &
21223-56/2014.
6. KARNATAKA COOPERATIVE MILK
PRODUCERS FEDERATION LTD,
BY ITS MANAGING DIRECTOR,
K.M.F. COMPLEX,
DR. M. H. MARGOWDA ROAD,
BANGALORE-29.
PETITIONER IN WP 14514/2014. ... RESPONDENTS
(BY SRI ABHINAV R., ADV. FOR R-1;
SRI S. CHANDRASHEKARAIAH, HCGP FOR R-2 TO R-5;
SRI M. R. C. RAVI, ADV. &
SRI K. RAMACHANDRAN, ADV. FOR R-6)
THESE REVIEW PETITIONS ARE FILED UNDER ORDER 47
RULE 1 OF CPC READ WITH ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA PRAYING TO REVIEW THE ORDER
13
DATED 26.03.2015 PASSED IN WP NO.5905 AND 10190-
10210/2014, WP NO. 14514/2014, WP NOS. 20362 & 21223-
56/2014(S-KAT) AND ETC.
THESE REVIEW PETITIONS HAVING BEEN HEARD
AND RESERVED FOR ORDERS, THIS DAY, RAGHVENDRA
S. CHAUHAN, J., MADE THE FOLLOWING :
ORDER
These Review Petitions have been filed against the judgment dated 26.03.2015, passed in W.P.Nos.5905 & 10190-10210/2014 along with other writ petitions.
2. Mr. S.V. Narasimhan, the learned counsel for petitioners has vehemently contended that in the case of State of Punjab and Others v. Rafiq Masih (Whitewasher) [ (2014) 8 SCC 883 ] the Hon'ble Supreme Court had clearly opined that no recovery could be made by the Employer from the employees belonging to Class - III and Class -IV Service (Group-'C' and Group-'D'). Since the petitioners belong to Group-'C' and Group-'D', therefore, this Court was not justified in setting aside the judgment dated 05.11.2013, passed by the Karnataka Administrative Tribunal, and in directing the Government to recover the ex-gratia payment made to the respondents under the 14 Voluntary Retirement Scheme, and to disburse the same to the petitioner, namely The Bangalore Urban Bangalore Rural and Ramanagara District Co-operative Milk Producers Societies Union Ltd.
3. Similarly, Mr. M.R. Shailendra, the learned counsel for petitioners in R.P.Nos.454/2015 & 104-160/2016, has pleaded that the petitioner-workmen were initially the employees of the Dairy Federation. Therefore, they were entitled to receive the benefit of VRS Scheme. Since they had given up years of service while seeking voluntary retirement, they cannot be deprived of the right to enjoy the benefits of the VRS Scheme by this Court. Therefore, this Court is unjustified in directing the Government to recover the ex-gratia payment made under the Scheme to the petitioner-workmen, and to distribute the same to the petitioner in the writ petitions. Therefore, according to both the learned counsel, the error is apparent on the face of the record. Hence the judgment should be reviewed.
4. Heard the learned counsel for parties. 15
5. The contention raised by Mr. S. V. Narasimhan is clearly unacceptable. For, there is a factual distinction between the case of Rafiq Masih (supra), and the present case. In the case of Rafiq Masih (supra), on account of wrong fixation of pay by the Executive Engineer, the recovery of excess money was sought from the pensionary benefits of the respondents. Therefore, the issue that arose before the Apex Court was whether or not the Government is entitled to recover from an employee, any payment made in excess of what the employee is otherwise entitled to, in the absence of any fraud, or misrepresentation on the part of an employee ? However, in the present case, admittedly the petitioners (Respondents in W.P.Nos.5905 & 10190-10210/2014 & connected matters), were sent on deputation from the department of Animal Husbandry to Karnataka Milk Federation (KMF) and BAMUL. Thus, they were well aware of the fact that they are not entitled to the VRS Scheme floated by KMF. But, despite this fact, they took benefit of the same. Subsequently, wanting to be treated as Government employees, they approached the Karnataka 16 Administrative Tribunal by filing applications before it. By judgment dated 08.06.2009, the learned Tribunal directed that the applicants therein should be treated as Government employees. Subsequently, the petitioners herein have received the pensionary benefits from the Government. Thus, the petitioners were aware of the fact that, on one hand, they were not entitled to the VRS Scheme floated by the KMF, and yet, on the other hand, they had taken the benefit of the said scheme, and simultaneously they had also received the pensionary benefits from the Government. Therefore, the petitioners cannot plead that they have not played fraud. Since the petitioners were not entitled to both the benefits, they have received ill gotten gains. Therefore, prima-facie, a fraud appears to have been played by the petitioners. Therefore, the case of Rafiq Masih (supra) does not come to the rescue of the petitioners.
6. Hence, this Court was justified in directing recovery of the amount paid to the respondents/review petitioners as ex-gratia under the VRS scheme, and in directing that the same should be reimbursed to the petitioner (in 17 W.P.Nos.5905 & 10190-10210/2014 & connected matters), namely The Bangalore Urban Bangalore Rural and Ramanagara District Co-operative Milk Producers Societies Union Ltd.
7. Even if the statement of Mr. Shailendra were accepted that the petitioners were initially the employees of KMF, but subsequently, even they were declared as Government employees. Once they have dawned the character of being a Government employee, obviously, they were disentitled to receive the benefit of VRS Scheme floated by the KMF. Yet, still they took the benefit of the VRS Scheme, on the one hand, and equally took the benefit of pensionary benefits granted by the Government on the other hand. Therefore, the case of such petitioners in R.P.Nos.454 & 104-160/2016 is on the same identical footing as in the case of R.P.Nos.366/2015 & 601-663/2015.
8. Hence, this Court was equally justified in directing that the Government is free to recover the amount paid to the respondents as ex-gratia payment under the Voluntary 18 Retirement Scheme, and to disburse the same to the petitioner (in W.P.Nos.5905 & 10190-10210/2014 & connected matters), namely The Bangalore Urban Bangalore Rural and Ramanagara District Co-operative Milk Producers Societies Union Ltd.
9. Therefore, this Court does not find any error apparent on the face of the record. Hence, the Review Petitions are hereby dismissed.
Sd/-
JUDGE Sd/-
JUDGE Np/-