Karnataka High Court
C V Sheelvant vs The State Of Karnataka on 5 June, 2013
Bench: D.V.Shylendra Kumar, B.S.Indrakala
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 5TH DAY OF JUNE 2013
PRESENT
THE HON'BLE MR.JUSTICE D.V.SHYLENDRA KUMAR
AND
THE HON'BLE MRS.JUSTICE B.S.INDRAKALA
WRIT PETITION NO.6768/2013 (S-KAT)
BETWEEN:
C.V.Sheelvant
S/o Late Sri.V.R.sheelvant,
Aged about 69 years,
(Rtd.) Deputy Drugs Controller,
No.21, "Nele" 7th A Cross,
Venkatagiriyappa Gardens,
Virupaxapura,
Kodigehalli,
Vidyaranyapuram Post,
Bangalore-560097. ... Petitioner
(By Sri.C.V.Sheelvant, party-in-person.)
AND:
The State of Karnataka,
By Principal Secretary to Govt.,
Health & Family Welfare Department,
Vikasa Soudha,
Bangalore-560001. ...Respondent
(By Smt.S.Susheela, AGA)
2
This Writ Petition is filed under Articles 226 & 227 of
the Constitution of India praying to set aside the portion of the
impugned order at annexure-B dated 7.11.2012 passed by KAT,
Bangalore in application No.3641/11 holding that the petitioner
is not entitled to interest on arrears of salary etc.
This Writ petitioner coming on for preliminary hearing
this day, the Court delivered the following:
ORDER
Writ Petitioner appearing in person was the applicant before the Karnataka Administrative Tribunal, Bangalore in Application No.3641/2011. The Writ Petitioner had approached the Tribunal on the ground that on his retirement there was considerable delay in settling his retirement benefits. There was also delay in payment of arrears of salary and pension without any reasons. He was made to face criminal trial and had been prosecuted and the prosecution case ending in acquittal of the writ petitioner he became entitled for all past benefits etc.
2. Though all these retiral benefits had been subsequently settled but in respect of arrears of salary the same had not been paid with interest though it was been settled belatedly. 3
3. It is for seeking interest of 20% per annum on the arrears of salary and other retrial benefits which the petitioner got before the Tribunal on his retirement as a consequence of acquittal from the criminal case, the petitioner had approached the Tribunal seeking for interest to be paid at 20% per annum on the arrears of salary etc. The Tribunal examined his case and noticing that as per Government Order bearing NO. AaE(V) 1 PEN 2003 dated 21.8.20013 which is applicable to the case, observed that the applicant will be entitled to interest at the rate of 8% per annum as per the said Government Order. The application was allowed in such terms directing the respondents to pay interest on arrears of salary etc. at the rate of 8% per annum. It is aggrieved by this order dated 7.11.2012 passed in application No.3641/2011 the present Writ Petition.
4. Sri.Sheelvanth, petitioner appearing in person submits that the petitioner had been kept under suspension for long years without any justification and that as a consequence of he having been acquitted in the criminal case it became necessary to reinstate him into service and he was entitled for the arrears 4 of salary as till then he was being paid subsistence allowance and at any rate the additional salary which was paid to him and the arrears of pension as by then the petitioner had retired from service also were to be paid along with interest at 20% per annum no interest was paid earlier and on approaching the Tribunal, the Tribunal has allowed interest only at 8% per annum and that is not justified.
5. Smt.S.Susheela, learned Government Advocate appearing for respondent-State submits that in matters of this nature where persons like petitioner get benefits of reinstatement to service and under such circumstance, because of acquittal in criminal case which does not necessarily absolve the petitioner of all the charges in a departmental proceedings and the petitioner in fact having been paid the arrears of salary and pension later, there is no occasion to pay the arrears with any interest particularly as the petitioner had not worked during the relevant time etc. 5
6. It is also submitted that the Tribunal noticing the relevant Government Order has allowed interest at 8% per annum and this being in accordance with the Government Notification, no interference is called for. Even interest as per Government Notification has been allowed by the Tribunal and there is no scope for enhancing the same.
7. So far as the question of interest is concerned, it is not a matter of right but the Tribunal nevertheless being inclined to follow existing Government Order in this regard, awarded interest at 8% per annum, we need not interfere in a matter of this nature in exercise of our jurisdiction under article 227 of the constitution of India.
8. Therefore this Writ Petition is dismissed.
SD/-
JUDGE SD/-
JUDGE RS/*