Karnataka High Court
Sweeper Venkateshappa vs Union Of India on 4 February, 2020
Author: Ravi Malimath
Bench: Ravi Malimath
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
ON THE 4TH DAY OF FEBRUARY 2020
BEFORE
THE HON'BLE MR. JUSTICE RAVI MALIMATH
AND
THE HON'BLE MR. JUSTICE ASHOK S. KINAGI
WRIT APPEAL NO.3586 OF 2015 (S-DIS)
CONNECTED WITH
WRIT APPEAL NO.1588 OF 2015
IN W.A. No.3586 OF 2015
BETWEEN:
SWEEPER VENKATESHAPPA
NO.87009000
AGED ABOUT 53 YEARS
SON OF LATE SRI M A NARAYANAPPA
EX-STC, BSF, ECHO COMPANY
PRESENTLY RESIDING AT DOOR NO.10
BAGALUR CROSS,
AIRFORCE STATION POST
BENGALURU-560 064.
..APPELLANT
(BY SRI. PRASHANTH H S, ADVOCATE)
AND:
2
1. UNION OF INDIA
REPRESENTED BY ITS SECRETARY
MINISTRY OF HOME AFFAIRS
NORTH BLOCK, DHQ POST
NEW DELHI-110 011.
2. THE DIRECTOR GENERAL
BORDER SECURITY FORCE
FORCE HQ, CGO COMPLEX
10TH BLOCK, LODHI ROAD
NEW DELHI-110 003.
3. COMMANDANT /ADDITIONAL DIG
STC BSF AIRFORCE STATION
POST YELAHANKA
BENGLAURU-560 064.
4. DIG (PSO)
FRONTIER HQRS, BSF
BENGALURU, PO, AFS, YELAHANKA
BENGALURU-560 064.
.....RESPONDENTS
(BY SRI. C SHASHIKANTH ASG FOR R-1 TO R-4)
IN W.A. 1588 OF 2015
BETWEEN:
1. UNION OF INDIA
REPRESENTED BY ITS SECRETARY
MINISTRY OF HOME AFFAIRS
NORTH BLOCK, DHQ POST
NEW DELHI-110 011.
2. DIRECTOR GENERAL
BORDER SECURITY FORCE
FORCE HEADQUARTERS,
3
CGO COMPLEX
10TH BLOCK, LODHI ROAD
NEW DELHI-110 003.
3. COMMANDANT /ADDITIONAL DIG
STC BSF AIR FORCE STATION
POST YELAHANKA
BENGLAURU-560 064.
NOW REPRESENTED BY
DIG & COMMANDANT
SUBSIDIARY TRAINING CENTRE
BORDER SECURITY FORCE
POST YELAHANKA
BANGALORE-560 064.
4. DIG (PSO)
FRONTIER HQRS, BSF BENGALURU,
POST AFS, YELAHANKA
BENGALURU-560 064.
....APPELLANTS
(BY SRI. C SHASHIKANTH ASG, ADVOCATE)
AND:
SWEEPER VENKATESHAPPA
NO.87009000
AGED ABOUT 53 YEARS
SON OF LATE SRI M A NARAYANAPPA
EX-STC, BSF, ECHO COMPANY
PRESENTLY RESIDING AT DOOR NO.10
BAGALUR CROSS, AIRFORCE STATION POST
BENGALURU-560 064.
...RESPONDENT
(BY SRI. PRASHANTH H S, ADVOCATE)
4
THESE WRIT APPEALS ARE FILED UNDER SECTION
4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO
SET ASIDE THE ORDER PASSED IN THE WRIT PETITION
No.19187 OF 2012 DATED 06.02.2015.
THESE WRIT APPEALS HAVING BEEN HEARD AND
RESERVED FOR JUDGMENT ON 18.11.2019 COMING ON
FOR PRONOUNCEMENT THIS DAY, ASHOK S. KINAGI J,
DELIVERED THE FOLLOWING:
JUDGMENT
Aggrieved by the order dated 06.02.2015, passed by the learned Single Judge in Writ Petition No.19187 of 2012, these writ appeals are filed. The appellant in Writ Appeal No.3586 of 2015 is the petitioner and the appellants in Writ Appeal No.1588 of 2015 are the respondents in the said writ petition. The parties are referred to as per their rank before the learned Single Judge.
2. Brief facts of the case are as follows:
On 09.03.1987, the petitioner had joined 'Elite Border Security Force' in the Unit commanded by 5 respondent No.3. The petitioner was selected by an enrolment procedure. The petitioner has submitted his resignation on 07.11.2002, and the respondents have accepted the resignation on 08.11.2002. The petitioner, challenging the acceptance of resignation dated 08.11.2002, has filed the writ petition on the ground that there was an order retiring the petitioner with effect from 30.04.2002 (on the ground of physical unfitness) with pensionary benefits as admissible under the Rules applicable on the date of retirement under the Central Civil Services (Pension) Rules, 1972. The said order is disputed by the respondents stating that no such order is existing.
3. That the petitioner has submitted an application for voluntary retirement. In the said application, the subject has been indicated as "regarding voluntary retirement application" and he further stated that he intends to resign from the 6 service on the ground of domestic problems faced by him and that the said application was filed without any pressure from any one.
4. The respondents, after the receipt of application for voluntary retirement, accepted the resignation submitted by the petitioner, vide order dated 08.11.2002. The petitioner was relieved on 09.11.2002. Thereafter, the petitioner approached the respondents for withdrawal of voluntary retirement/resignation application. The respondents did not entertain the petitioner. Hence the petitioner filed the writ petition seeking for quashing Annexures A, B and D annexed to the writ petition.
5. The learned Single Judge, after considering the entire material on record, disposed off the writ petition holding that the petitioner is not entitled for reinstatement, having regard to his conduct and 7 further the learned Single Judge has awarded Rs.1,00,000/- to be paid by the respondents to the petitioner within a period of 3 months from the date of receipt of the copy of the order.
6. The petitioner aggrieved by the said order, filed Writ Appeal No.3586 of 2015 and the respondents aggrieved by the said order have filed Writ Appeal No.1588 of 2015.
7. Heard the arguments of learned counsels for the parties and perused the records.
8. The petitioner has submitted his resignation on 07.11.2002, and the same was accepted on 08.11.2002. The petitioner also having accepted the acceptance of resignation, kept quiet for more than 9 years. Thereafter, the petitioner approached this court by filing a writ petition. Thus, there is an inordinate delay on the part of the petitioner in 8 approaching this court. Further, the petitioner has not explained the reason for the said delay. The petitioner, having accepted the order of acceptance of resignation dated 08.11.2002, is not justified in challenging the same, after a lapse of 9 years. After considering the entire materials on record, the learned Single Judge has rightly held that there is an inordinate delay in approaching this court and rightly held that the petitioner is not entitled for reinstatement and further considering the length of the service of the petitioner, as the petitioner was a sweeper in the office of the respondent No.3, without any break in service and any remark, has awarded a sum of Rs.1,00,000/- to the petitioner.
9. So far as Writ Appeal No.3586 of 2015 is concerned, we find no ground to interfere with the well considered order of the Learned Single Judge. So far as Writ Appeal No.1588 of 2015 is concerned, 9 we are of the view that the amount awarded is too excessive. Hence, we deem it necessary to reduce it to Rs.50,000/-. Accordingly, we proceed to pass the following:
ORDER Writ Appeal No.3586 of 2015 filed by the petitioner, is hereby dismissed.
Writ Appeal No.1588 of 2015 filed by the respondents, is allowed in part. The award of Rs.1,00,000/- to be paid by the respondents to the petitioner, is hereby reduced to Rs.50,000/-. The same shall be paid to the writ petitioner within 12 weeks from the date of receipt of a copy of this order.
Sd/-
JUDGE Sd/-
JUDGE RD