Karnataka High Court
D K Balraj Ias(Retd) vs State Of Karnataka on 19 February, 2010
Author: Mohan Shantanagoudar
Bench: Mohan Shantanagoudar
IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 19"" DAY OF FEBRUARY, 2010. BEFORE THE HON'BLE MR. JUSTICE MOHAN SHANTANAGOUDAR WRIT PETITION NO.3429 "OF 2010 (GM-RES) _ BETWEEN : . | D.K. Balraj. LA.S. (Reta) $/o.R.Dorai Chetty Aged 90 years R/o.Appt.204 Ashok Park View Ap APECTIES 42, Davis Roed. Rie hare Town Bangalore "84 Pe Petitioner (By Sri J ayaraim & Javarali, Adv.) AND : 1. State of Karnataka _ Rep by Secretary to-Government Minority Welfare Department . Room No: 264, 2 Floor » Vikas Soudhay Bangalore-0 1. The Karnataka State Minorities - °.Cornmission. [Constituted under -. Act-31 of 19941 5" Figor oY isverwaraiaha Towers NS Bangalore-560 001 7 ' Rep by its Secretary. .-Respondenis » (Sy Sri N.B. Vishwanath. AGA..,) This writ petition is filed under Articles 226: and 227 ot the Constitution of India, praying to direct the respondents No.1 to frame Rules providing for salaries of f the: Members of -- the Commission as mandated by the Act aad im compliance with the directions given im the order 'dated o.1. 2009 of this court in W.A.No. 1645/2008(Annexure- Ee. ele, This writ petition coming on for preliminary | nearing in 3-Group. this dav the C ourt made the Jolowing: - OR R Dp: E.R Though the petitioner See for various reliefs in the writ petition" at. the. time of argument, petitioner confines te writ petition only to the following prayer: - "fi Issue © Appropriate writ /order os directing respondent No.1 to fix the salary payable to the petitioner as a Member of "tbe. K amataka State Minorities | Commission for the period from 28.8.2001 to 28.8.2004 in the manner analogous to 7 the fixation and payment of salarv to the "Members of -- the Karnataka State 'ae Commission for Backward Classes as per , Notification No.SWE.147 BCA 96 dated ©. ~ 3.6.1999 and in compliance with "the" directions given in the order dated 5.1.2009 of this Hor'ble..Court "in WA.No. 1645/2008 (Annexn re-Ey ana make payment thereof io the petitioner." 2. Petitioner was appointed.as.a Mermber of the Karnataka Minority Cominission by respondent No.1 on 28,.8.2001 under. the Karnataka' "State Minority Commission. Aci, LOO4 dor short 'hereinafter referred to as the 'Aci'}.. Copy Gf the appoiritment letter is produced at Annexure- to-the writ petition. According to the petitioner heis not paid salary and other allowance, as ~per Section .4(3) of the Act. Section 4A(3) of the Act provides that the Chairman and other Members shall receive such salary and allowance as may be prescribed. So It also 'provides in Section 4{4) of the Act that the salaries and allowance payable to the Chairman and other Members shall be defrayed out of the grants referred to in sub-Section (2) of Section 12 of the Act. Though this provision has been in existence. from 'the . Inception of the Act, the State Gevernment while . framing the Rules for payment. of salary oF 'the Chairman, has not framed any Rules for the payment of salary to other Members. 7 Therefore. the petitioner has not received any salary for functioning as 2 Member of the Commission from the date of his nomiation iL.e€., from 28.8.2001 to 28.8:2004, Since the salary and allowance are. . not "paid to the petitioner, this writ petition ts filed for the aforementioned relief. 3 The question Rivolved in this writ petition is "squarely coverci by the judgment of this Court in the cask 'of Motiamed Shafi vs. The State of Karnataka 4, = another, in WP.No.1116/2007, disposed of on 15.4.2008, wherein it is observed thus: "atl "7. Having regard to the facts and. circumstances and in the light of the. - petitioner being denied the salary and other, a allowances in terms as payable ; ton the members of the Karnataka: State Minors fc s . Commission for Backward Classes is oniy on 7 the ground that the Finance De pai rement fas. : not approved the propos eal for payment of such salaries. Tris is- wholly u nreasonable and is clearly arbiir: ave. : Tae petitioner has certainly mrade out'a CASE, Jor e direction to be issue d (BS pr ayed: for. The: objections taken: by the State. are inconsistent with t the opinion, i expre ssed by 'the concerned authori ies: Copies 'of Ww hich are duly annexed Lo the wri it petitions. it is in the face of the Ruiles that clearly do not provide for payment el salaries or allowances that the case of the " petiti oner has been examined and = even ~ though an ophlion is formed that the "petitioner and similarly placed members Oui ghi fo be paid their salaries and allowances on par with members of the Karnataka State Commission for Backward fh - Classes, who were similarly placed, the ; rejection of the proposal at the instance. of the Finarrce Department does not diserititle | the petitioner to such paynienis. - Accordingly, the respondent No.1 is directs ca . to fix the salary payable to the petitioner as a . member of the Karnataka State Mi: lortiies Commission for the period from 23, 1. 2004 to 22.1.2007 in the manner and analogous to the fixation of salary te. ti he members of the Karnataka. 'Slate, Minoritic 28. Commission for Backward "Clas aSCS as per "Notifie ation, at AmnesureE to the writ petition, bearing No.SWE 147. BCA, 96 dated 3,6. 1999 issued by the Gove roment of Kar nataka and make payinent th sereol to the petitioner within a period 'ol six wee eks if not earlier. from the ~ date of receipt: of a certified copy of the order... The aforementioned order of the learned Single oo. dudge is confirmed by the Division Bench of this Court in WA.No.1645/2008, disposed of on 5.1.2009 by observing thus:- "3.1 It is not in dispute that the -- respondent-writ petitioner was nominates 1 under the provisions of the et. ae namely, Section 3 of the Act by notification dated 23.1.2004 and the Act provides -- for _ payment of salary and allowances. 'nour considered opinion, . aerefore, merely because the Rules, do not provide for the payment of salary for the Members even though ft. provides. for f payme mt of salary and allowance Cs to the 'Chairman alone and for the "allowances: 'to the Members, there cannot be arr "estoppel to the rights conferred under Section 4(3) of the Act for the members of the Commission also to : claim payment of salary. In that view of 7 the : matter, we are of the considered - opinion "that the State is under an obligation to frame necessary Rules for payment of salary of the respondent-writ petition also for having nominated him as the Member of the Commission and if the . respondent-writ petition had received any. ° allowances in excess to the allowanées. » allowable under the Rules, the State is at liberty to pass appropriate orders in,.that regard. The writ appeal is ordered. accordingly. 3.2. Since considerable timc has already lapsed in settling. the salary payable to the respondent-writ petitioner, we direct the first appetlart to comiply with the above direction at the earliest m any event within 90 days. frors the date of. receipt of a copy of this order". In view of the above, this writ petition is also _entitled to be dispesed of in terms of the aforementioned ~ orders, Accordingly, the following order is made:- "Respondent No.1 is directed to fix the salary _ payable to the petitioner as a Member of the Karnataka ~ State. Minorities Commission, from 28.8.2001 to "> pe 28.8,2004, in the manner and analogous to the fixation of salary to the Members of the Karnataka "State. Minorities Commission for Backward Classes as Ber . Notification bearing No.SWE 147 BCA 96, . dated 3.6.1999 issued by the Government of Karnataka and make payment thereof to the petitioner within a period of six weeks, if not earlier, fro the date of receipt ofa certified copy of this order. Writ petition is. disposed of accordingly. -
"S a JUDGE . *ck/-