Karnataka High Court
Sri.M.Raju vs The Principal Secretary on 7 April, 2026
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2026:KHC:19166
WP No. 10915 of 2021
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF APRIL, 2026
BEFORE
THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO. 10915 OF 2021 (S-R)
BETWEEN:
SRI.M.RAJU
S/O SRI G. MURIGEPPA
AGED ABOUT 67 YEARS,
RETIRED DISTRICT AND SESSION JUDGE,
RESIDING AT NO.1250
GIRIJA NILAYA, 13TH MAIN ROAD
JUDICIAL LAYOUT, G K V K POST
BANGALORE - 560 065
...PETITIONER
(BY SRI. SHARATH S. GOGI, ADVOCATE)
AND:
1. THE PRINCIPAL SECRETARY
TO THE GOVERNMENT OF KARNATAKA
LAW DEPARTMENT, VIDHANA SOUDHA
Digitally BENGALURU - 01
signed by
CHANDANA 2. THE SECRETARY
BM
KARNATAKA STATE HUMAN RIGHTS COMMISSION
Location: M. S. BUILDING,
High Court
of Karnataka BENGALURU - 01.
...RESPONDENTS
(BY SRI. SPOORTHY HEGDE, AGA FOR R1;
SRI. RAJASHEKAR K., ADVOCATE FOR R2)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA PRAYING TO ISSUE DIRECTION
QUASHING THE ORDER DATED 11.03.2019 BEARING NO.LAW 02
HRC 2012 (BHA-1) PASSED BY THE R1 REJECTING THE
REPRESENTATION MADE BY THE PETITIONER FOR RECONSIDER
THE REPRESENTATION MADE BY THE PETITIONER FOR
RECONSIDER THE PAY SCALE OF THE PETITIONER, THEREBY
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NC: 2026:KHC:19166
WP No. 10915 of 2021
HC-KAR
REFUSING TO PAY THE SALARY AS PER THE REVISED PAY SCALE
(ANNEXURE-A) AS PRAYED FOR AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
In this petition, petitioner seeks for the following reliefs:
"(i) Issue a writ of certiorari or any other writ, order or direction to quashing the order dated 11.03.2019, bearing No. Law 02 HRC 2012 (Bha-1), passed by the first respondent rejecting the representation made by the petitioner for reconsider the pay scale of the petitioner, thereby refusing to pay the salary as per the revised pay scale. (Annexure-A) as prayed for.
(ii) Direct the respondents to consider the revised pay scale of the petitioner as per the Government of Karnataka order G.O. No. LAW 147 LAC 2009, Bangalore dated 24.06.2010, the pay scale of the Judicial Officers was revised, accordingly the said minimum basic pay scale of the District and Sessions Judge was fixed to Rs.51,550/- per month with effect from 01.01.2006 vide Annexure-D and accordingly direct the respondents to pay a sum of Rs.8,57,903 to the petitioner.
(iii) Pass such other order or orders as may be just and necessary in the facts and circumstances of the case."-3-
NC: 2026:KHC:19166 WP No. 10915 of 2021 HC-KAR
2. Heard learned counsel for the petitioner, learned AGA for respondent No.1 and learned counsel for respondent No.2 and perused the material on record.
3. A perusal of the material on record will indicate the petitioner, retired District and Sessions Judge, Karnataka State Judicial Service in the month of June, 2009. By Office Order dated 24.05.2010 passed by the Karnataka State Human Rights Commission, the petitioner was appointed as the Presenting Officer to the Chairperson of the Commission of the Karnataka State Human Rights Commission (KSHRC) initially for a period of six months and thereafter, extended upto February 2013 as per the terms and conditions enumerated in the aforesaid office order. It is the specific contention of the petitioner that despite the proceedings of the State Government dated 24.06.2010 granting retired judicial officers revised pay scales with effect from 01.01.2006, respondent No.1 has declined to consider the claim of the petitioner for re-fixation of his pay of Rs.51,550/- per month, which is the minimum basic pay scale in the cadre of District Judge on the ground that the post of the Presenting Officer is not in the Karnataka State Human Rights Commission Cadre & Recruitment -4- NC: 2026:KHC:19166 WP No. 10915 of 2021 HC-KAR Rules, 2013 and also that since the petitioner was not appointed as against any sanctioned post, the petitioner would not be entitled to re-fixation of his pay. Aggrieved by the impugned order at Annexure - A dated 11.03.2019, the petitioner is before this Court by way of the present petition.
4. Per contra, in addition to reiterating the various contentions urged in the statement of objections and referring to the material on record, learned counsel for the respondent submits that there is no merit in the petition and the same is liable to the dismissed.
5. Before averting to the rival contentions, it would be necessary to extract notification dated 07.02.2013 as hereunder:
"GOVERNMENT OF KARNATAKA No: LAW 17 HRC 2010 Karnataka Government Secretariat, Vidhana Soudha, Bangalore, dated: 7th Feb. 2013.
NOTIFICATION In exercise of the powers conferred by sub-section (1) of section 41 read with section 27 of the Protection of Human Rights Act, 1993 (Central Act 10 of 1994), the Government of Karnataka, hereby makes the following rules namely:--5-
NC: 2026:KHC:19166 WP No. 10915 of 2021 HC-KAR
1. Title and commencement:- (1) These rules may be called, the Karnataka State Human Rights Commission (Cadre and Recruitment) Rules, 2013.
(2) They shall come into force from the date of their publication in the official Gazette.
2. Category of posts, scale of pay and method of recruitment:- In respect of the category of posts sanctioned to the Karnataka State Human Rights Commission, specified in column (2) of the table below, the number of posts, the scale of pay and the method of recruitment, shall be as specified in the corresponding entries in column (3), (4) and (5) thereof:-
TABLE Sl. Category of the post No. of Scale of Pay Method of recruitment No. posts (1) (2) (3) (4) (5)
1. Secretary 1 FNJPC Scale By posting of an officer in [Super Time the cadre of Secretary to Scale] Government or by 70290-76450 deputation of an officer in the cadre of District Judge, from the Karnataka Judicial Service.
2. Registrar 1 FNJPC Scale - By deputation of an officer [Entry Level] in the cadre of District & 5155-63070 Sessions Judge (Entry Level), from the Karnataka Judicial Service.
3. Deputy Secretary 1 40050-56550 By deputation of an officer in the equivalent cadre from the Karnataka Government Secretariat.
4. Private Secretary to 1 28100-50100 By deputation of an office Chairperson in the cadre of Under Secretary or Private Secretary Grade - II from the Karnataka Government Secretariat. If no suitable person is available for an officer in equivalent cadre from any of the State Civil Service.
5. Inspector General of 1 Central scale of By deputation of an officer Police pay in IPS cadre from the 37400-67000+ State Police Service.
GP-10000 -6- NC: 2026:KHC:19166 WP No. 10915 of 2021 HC-KAR
6. Under Secretary 1 28100-50100 By deputation of an officer in equivalent cadre from the Karnataka Government Secretariat.
7. Deputy Superintendent of 2 28100-50100 By deputation of an officer Police in equivalent cadre from the Karnataka Government Secretariat.
8 Section Officer 4 22800-43200 By deputation of an officer in the cadre of Section Officer from the Karnataka Government Secretariat or from the Karnataka High Court.
9. Assistant Registrar 1 28100-50100 By deputation of an officer in the cadre of Assistant Registrar from the High Court or from subordinate judicial service.
10. Public Relation Officer 1 28100-50100 By deputation of an officer in equivalent cadre from any of the State Civil Service.
11. Accounts Officer 1 28100-50100 By deputation of an officer in equivalent cadre from any of the State Accounts Department.
12. Court Officer 3 22800-43200 By deputation of an officer in the cadre of Court Officer from Karnataka High Court or from sub-
ordinate Judicial Service.
13. Accounts Superintendent 1 21600-40050 By deputation of an officer of equivalent cadre from State Accounts Department.
14. Senior Assistant 1 20000-36300 By deputation of an officer in the cadre of Senior Assistant from the Karnataka Government Secretariat.
15. Section Superintendent 1 20000-36300 By deputation of an officer of equivalent cadre from any of the State Civil Service.
16. Judgment Writer 2 20000-36300 By deputation of an officer of equivalent cadre from any of the Karnataka High Court or from sub-ordinate Judicial service.
17. Sub-Inspector of Police 2 20000-36300 By deputation of an officer in equivalent cadre from -7- NC: 2026:KHC:19166 WP No. 10915 of 2021 HC-KAR the cadre of Sub-Inspector of police from Police department.
18. Legal Assistant/Research 2 17650-32000 By appointment of persons Assistant possessing Law Degree from an University.
19. Assistant 3 16000-29600 By deputation of a person in equivalent cadre from the Karnataka Government Secretariat.
20. Personal 7 16000-29600 By deputation of a person Assistant/Stenographer in equivalent cadre from the Karnataka Government Secretariat.
21. Assistant Librarian 1 16000-29600 By deputation from the cadre of Personal Assistant/Stenographer from Karnataka Government Secretariat.
22. First Division Assistant 1 14550-26700 By deputation of a person in the cadre of First Division Assistant from any of the State Civil Service.
23. Stenographer 2 14550-26700 By deputation of a person in the cadre of Stenographer from any of the State Civil Service.
24. Head Constable 05 12500-24000 By deputation of a person in the cadre of Head Constable from Police Department.
25. Junior Assistant 1 11600-21000 By deputation of a person in the cadre of Junior Assistant from Karnataka Government Secretariat or any other State Civil Service.
26. Typist 2 11600-21000 By deputation of a person from equivalent cadre from any of the State Civil Service.
27. Driver 6 11600-21000 By deputation from any of the State Civil Service.
28. Junior 6 11600-21000 By deputation of a person Assistant/Computer from equivalent cadre from Operator/Typist any of the State Civil Service.
29. Police Constable (Civil) 7 11600-21000 By deputation of a person in the cadre of Police Constable (Civil) from Police Department.
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30. Armed Police Constables 4 11600-21000 By deputation of a person (Orderlies) in equivalent cadre from Police Department.
31. Drivers (Head 3 11600-21000 By deputation of a person Constables/Police in equivalent cadre from Constables) police Department. 32 Dalayath/Group-D 14 9600-14550 By deputation of a person in equivalent cadre from any of the State Civil Service.
33. Jamedar/Dalayath/ 6 9600-14550 By deputation of a person Orderlies in equivalent cadre from any of the State Civil Service.
34. Sweepers/Scavengers/ 4 9600-14550 By deputation of a person Watchman in equivalent cadre from any of the State Civil Service.
35. Home Orderly 7 9600-14550 By deputation of a person in equivalent cadre from any of the State Civil Service.
By order and in the name of the Governor of Karnataka"
6. As can be seen from the aforesaid notification dated 07.02.2013 issued by the State Government known as the Karnataka State Human Rights Commission Cadre and Recruitment Rules, 2013, the same would not be applicable to the petitioner, who was appointed as a Presenting Officer directly by the Commission under Section 27(2) of the Protection of Human Rights Act, 1993 on a consolidated and fixed pay of Rs.25,125/-
per month.-9-
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7. Under these circumstances, the said post being conspicuously absent and missing from the aforesaid notification dated 07.02.2013, the respondent clearly fell in error in placing reliance upon the aforesaid rules for the purpose of declining the claim made by the petitioner and as such, the impugned order deserves to be set aside.
8. Insofar as the reason assigned in the impugned order that the petitioner had not been appointed as against any sanctioned post and as such, was not entitled for re-fixation of basic pay at Rs.51,550/- per month, which is the minimum in the cadre of District Judge, since he was a retired District Judge is concerned, it is an undisputed fact that the petitioner retired in the cadre of a District Judge and would be entitled to the benefit of the proceedings of the State Government dated 24.06.2010, whereby all Judicial Officers including District Judges would be entitled to revised pay scales with effect from 01.01.2006, as can be seen from the said proceedings produced on 24.06.2010, which is as under:
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NC: 2026:KHC:19166 WP No. 10915 of 2021 HC-KAR "PROCEEDINGS OF THE GOVERNMENT OF KARNATAKA SUB: Revision of pay scales and allowances of Judicial officers of Karnataka - Implementation of the recommendations of One Man Commission headed by Hon'ble Mr. Justice E. Padmanabhan (Retd.)- order reg..
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READ:
1. Govt. Order No: LAW 124 LAC 1997 dated 07-05-2003.
4. The directions issued by the Hon'ble Supreme Court on 4-5-2009 in IA No.244 in W.P.(C)No.1022/1989 (All India Judges Association V/s Union of India and others.
5. Report submitted on 17-7-2009 by One Man Commission headed by Justice E.Padmanabhan (Retd.) to the Hon'ble Supreme Court on determination of Salary and Allowances, to Judicial Officers and Pension to pensioners.
Preamble:
One of the recommendations of Justice Shetty Commission (FNJPC), which is accepted by Hon'ble Supreme Court of India is that as and when salary of High Court Judges was to increase, the salary of the Civil Judges (Junior Division), Civil Judge (Senior Division), the District Judges (Entry Level), District Judges (Selection Grade) and District Judges (Super Time Scale) be increased by 42.3%, 58.5%, 71.6%, 80% and 91.7% respectively.
In view of the increase in the salary of the High court Judges, the Apex Court had set up One Man Commission
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NC: 2026:KHC:19166 WP No. 10915 of 2021 HC-KAR headed by Justice E. Padmanabhan, Retired Judge of the High Court of Judicature at Madras. Hon'ble Supreme Court in its order dated 4-5-2010 has directed the States in India to implement pay scales determined by the Justice E. Padmanabhan Committee.
The matter has been carefully examined by the Government and hence the following orders.
ORDER NO. LAW 147 LAC 2009, BANGALORE, DATED: 24th June, 2010 The Government in pursuance of the orders of the Hon'ble Supreme Court, hereby accord sanction to implement the recommendations of Justice E. Padmanabhan Commission so far as pay scales, fixation in the revised pay scales (Table - I, Table II and Table-III). And Robe Allowance, in respect of Judicial Officers of the State of Karnataka as mentioned hereinafter, are concerned.
(a) Higher pay scales:
The Revised Master Scale shall be as under:-
Rs.27700-770-33090-920-40450-1080-49090- 1230-58930-1380-67210-1540-76450
(b) The Revised Scales of Pay of the posts shall be as under:
TABLE I Sl. Designation Existing Scale of Revised Scale of Pay No. (I) (II) (III) (IV) Civil Judge Rs.9000-250-10750-300- Rs.27700-770-33090-920-
1 (Junior Division) 13150-350-14550 40450-1080-44770 (Entry Level)
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NC: 2026:KHC:19166 WP No. 10915 of 2021 HC-KAR Civil Judge Rs.10750-300-13150-350- Rs.33090-920-40450-1080-
2 (Junior Division)
14900 45850
I Stage ACP Scale
Civil Judge
Rs.12850-300-13150-350- Rs.39530-920-40450-1080-
3 (Junior Division)
15950-400-17550 49090-1230-54010
II Stage ACP Scale
Civil Judge
Rs.12850-300-13150-350- Rs. 39530-920-40450-
4 (Senior Division)
15950-400-17550 1080-49090-1230-54010
(Entry Level)
Civil Judge
Rs.14200-350-15950-400- Rs.43690-1080-49090-
5 (Senior Division)
18350 1230-56470
I Stage ACP Scale
Civil Judge
Rs.16750-400-19150-450- Rs.51550-1230-58930-
6 (Senior Division)
20500 1380-63070
II Stage ACP Scale
District Judge Rs. 16750-400-19150-450- Rs.51550-1230-58930-
7
(Entry Level) 20500 1380-63070
District Judge Rs.18750-400-19150-450- Rs.57700-1230-58930-
8
(Selection Grade) 21850-500-22850 1380-67210-1540-70290
District Judge
9 Rs.22850-500-24850 Rs.70290-1540-76450
(Super Time Scale)
(c) The revised pay for 1 to 44 stages of Master Pay Scale and increments in the revised pay scale shall be as under:
TABLE - II EXISTING REVISED SN Pay Increment Pay Increment 1 9000 250 27700 770 2 9250 250 28470 770 3 9500 250 29240 770 4 9750 250 30010 770 5 10000 250 30780 770 6 10250 250 31550 770 7 10500 250 32320 770 8 10750 300 33090 920 9 11050 300 34010 920 10 11350 300 34930 920 11 11650 300 35850 920 12 11950 300 36770 920 13 12250 300 37690 920 14 12550 300 38610 920 15 12850 300 39530 920 16 13150 350 40450 1080 17 13500 350 41530 1080 18 13850 350 42610 1080
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NC: 2026:KHC:19166 WP No. 10915 of 2021 HC-KAR 19 14200 350 43690 1080 20 14550 350 44770 1080 21 14900 350 45850 1080 22 15250 350 46930 1080 23 15600 350 48010 1080 24 15950 400 49090 1230 25 16350 400 50320 1230 26 16750 400 51550 1230 27 17150 400 52780 1230 28 17550 400 54010 1230 29 17950 400 55240 1230 30 18350 400 56470 1230 31 18750 400 57700 1230 32 19150 450 58930 1380 33 19600 450 60310 1380 34 20050 450 61690 1380 35 20500 450 63070 1380 36 20950 450 64450 1380 37 21400 450 65830 1380 38 21850 500 67210 1540 39 22350 500 68750 1540 40 22850 500 70290 1540 41 23350 500 71830 1540 42 23850 500 73370 1540 43 24350 500 74910 1540 44 24850 - 76450 -
(d) Assure Career Progression Scheme:
The Assured Career Progression Scales are revised as mentioned below in Table - III.
TABLE - III
Sl. Designation Existing ACP Revised ACP Scale
No. Scale of Pay (IV)
(I) (II) (III)
Rs.33090-920-40450-1080-
Civil Judge Rs.10750-
45850
1 (Junior Division) 300-13150-
I Stage ACP Scale after 5 years of continuous
350-14900
service from the date of entry.
Rs.12850- Rs.39530-920-40450-1080- Civil Judge 300-13150- 49090-1230-54010 2 (Junior Division) II Stage ACP Scale 350-15950- after completion of another 5 400-17550 year of continuous service.
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NC: 2026:KHC:19166 WP No. 10915 of 2021 HC-KAR Civil Judge Rs.14200-350- Rs.43690-1080-49090-1230-56470 3 (Senior Division) 15950-400- after completion of 5 year of I Stage ACP Scale 18350 continuous service.
Civil Judge Rs.16750-400- Rs.51550-1230-58930-1380-63070 4 (Senior Division) 19150-450- After completion of another 5 years II Stage ACP Scale 20500 of continuous service.
Rs.57700-1230-58930-1380-67210- 1540-70290 Rs.18750-400- on merit-cum-seniority to available District Judge 19150-450- 5 (Selection Grade) 21850-500- 25% of the cadre posts to those officers who have put in not less 22850 than 5 years of continuous service in the cadre.
Rs.70290-1540-76450 on merit-cum-seniority to available District Judge Rs.22850-500- 10% of the Selection Grade to those 6 (Super Time Scale) 24850 officers who have put in not less than 3 years of continuous service as Selection Grade District Judge.
(e) Date of Effect:
i) The Revised Pay Scales shall, come into effect
from 1.1.2006,
ii) The Robe Allowance as ordered is payable
prospectively.
iii) From 1-5-2010, revised salary shall be taken
into consideration while computing HRA and CCA.
iv) Revised Salary (Pay and Dearness Allowance) be paid in cash from the month of May 2010.
(f) Arrears payable:
1) As far as Officers who are in service as on the date of
this order, the payment of arrears shall be as follows:
a) 60 percent of the arrears in cash spread over to two financial years, out of which 50 percent is ordered to be paid at the end of the financial year 2010-2011 and the remaining 50 percent is to be paid at the end of financial year 2011-
12, and
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b) 40 percent of the arrears shall be deposited in the General Provident Fund Account of the respective officer.
2) As far as officer who has retired on or after 1-1-2006 is concerned, 70 percent of the arrears shall be paid in cash at the end of the financial year 2010-2011 and the remaining 30 percent is to be paid in cash at the end of the financial year 2011-2012.
3) Officers who have joined service on or after 1-4-2006, 40 percent of the arrears of pay revision be adjusted towards the Employees Contribution to New Pension Scheme backlog, and the balance if any, be paid along with the balance of 60 percent payable in the succeeding year.
(g) Dearness allowance:
The DA formula as applicable to Central Government employees shall continue to apply to Judicial Officers. The Dearness Allowance in the revised scale with effect from 01- 01-2006 shall be regulated as follows:
01-01-2006 No Dearness Allowance 01-07-2006 02% of basic pay 01-01-2007 06% of basic pay 01-07-2007 09% of basic pay 01-01-2008 12% of basic pay 01-07-2008 16% of basic pay 01-01-2009 22% of basic pay 01-07-2009 27% of basic pay 01-01-2010 35% of basic pay
(h) City Compensatory Allowance:
The prevailing system of payment of CCA to Judicial Officers as applicable to State Government Employees shall continue.
(i) House Rent Allowance:
House Rent Allowance would be at the rates, as applicable to State Government Employees.
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(j) Robe Allowance:
Robe Allowance is enhanced to Rs.6000/- payable once in three years.
This order is issued with the concurrence of the Finance Department vide their Endorsement No.FD/15/SRP/2009 dated 21-5-2010 and 23-6-2010 and also FD 247/Ser.2/2010 dated 17-6-2010.
By order and in the name of the Governor of Karnataka Sd/-
Secretary to Government, Department of Law, Justice and Human Rights"
9. It is also relevant to state that in the proceedings before a Department of Justice and Law, it is noted at paragraph 58 that retired judicial officers appointed on contractual basis as Presenting Officers in the Karnataka State Human Rights Commission would be entitled to FNJPC pay scale. It is therefore clear that even according to the State Government itself as can be seen from para 58 from the said noting sheet maintained by the Department of Law and Justice of the State Government, petitioner would be entitled to FNJPC pay scale.
10. Under these circumstances, the impugned order declining to re-fix the pay of the petitioner at Rs.51,550/- per
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NC: 2026:KHC:19166 WP No. 10915 of 2021 HC-KAR month, which is the minimum in the cadre of District Judge to the petitioner, who is the retired District Judge is illegal and the same deserves to be quashed on this ground also.
11. A perusal of the impugned order will indicate that the respondents have declined to re-fix the pay of the petitioner on the ground that the post to which he was appointed was not a sanctioned post. In this context, in the light of the proceedings of the Government of Karnataka dated 24.06.2010 at Annexure-D, I am of the considered opinion that merely because the petitioner was appointed on contractual basis and without there being a sanctioned post at the time of his appointment, since the petitioner was appointed under Section 27(2) of the Protection of Human Rights Act, 1993, it cannot be said that the petitioner would not be entitled to re-fixation of pay in terms of Annexure-D and as such, the impugned order deserves to be quashed on this ground also.
12. Under the aforesaid facts and circumstances of the case, I deem it just and appropriate to allow the petition by issuing certain directions. In the result, I pass the following:
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NC: 2026:KHC:19166 WP No. 10915 of 2021 HC-KAR ORDER
i) The petition is hereby allowed.
ii) The impugned communication dated 04.12.2021 enclosing the impugned order dated 11.03.2019 is hereby quashed.
iii) The respondents are directed to re-fix the pay of the petitioner at Rs.51,550/- in terms of Annexure-D and grant all benefits within a period of 3 months from the date of receipt of a copy of this order.
Sd/-
(S.R.KRISHNA KUMAR) JUDGE MDS List No.: 1 Sl No.: 40