Karnataka High Court
Sri A Boraiah vs The Housing Commissioner on 8 September, 2020
Author: R Devdas
Bench: R Devdas
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF SEPTEMBER, 2020
BEFORE
THE HON'BLE MR.JUSTICE R DEVDAS
WRIT PETITION NO.42206 OF 2015(S-RES)
BETWEEN
SRI A BORAIAH
S/O KEMPAHONNAIAH
AGED ABOUT 68 YEARS
RETD WATCHMAN
KARNATAKA HOUSING BOARD
R/O NO.462/A, EWS
KHB COLONY, 2ND STAGE
8TH CROSS, BANGALORE-560079
...PETITIONER
(BY SRI NARAYANA S, ADVOCATE)
AND
THE HOUSING COMMISSIONER
KARNATAKA HOUSING BOARD
CAUVERY BHAVAN
BANGALORE-560009
...RESPONDENT
(BY SRI H G VASANTH KUMAR, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226
OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE
RESPONDENT TO CONSIDER THE REPRESENTATION
DT:17.3.14, VIDE ANNEXURE-J, & TO RE FIX PAY AT RS.90-
200 & CORRESPONDING REVISED PAY SCALES TILL
RETIREMENT & TO RE FIX THE PENSION IN THE CADRE OF
JUNIOR WORK INSPECTOR & TO GRANT ALL
CONSEQUENTIAL BENEFITS AS ENTENDING SIMILAR
BENEFITS GRANTED TO THIMMAIAH AS PER ORDER
DATED10.12.12. & ORDER MADE IN W.P. NO.33015/11 WITH
INTEREST TILL IT IS PAID IN THE INTEREST OF JUSTICE &
EQUITY.
2
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
R. DEVDAS J., (ORAL):
The petitioner was appointed as watchman on 09.10.1966 in the office of the Assistant Engineer, KHB Sub-division, Rajajinagar, Bangalore. He is said to have been absorbed as watchman along with other staff in the regular Work Charge establishment on 18.02.1988.
2. By a Government Order dated 29.02.1992 the cadres of Miscellaneous Coolie and watchman working under Work Charge establishment in KHB were reclassified as Junior Works Inspector in the pay scale of Rs.960-20-1100-30-1400-40-1760 w.e.f. 04.02.1992. The grievance of the petitioner is that the respondent has not granted the classification as Junior Work Inspector in terms of the Government Order, while the said benefit was granted to similarly 3 placed employees. In this regard representations were made by the petitioner to the respondent. The prayer in this writ petition is to direct the respondent to consider the representation dated 17.03.2014 at Annexure-J, to re-fix the pay at Rs.90-200 and corresponding revised pay scales till retirement and to re-fix the pension in the cadre of Junior Work Inspector and to grant all consequential benefits as extended to Sri Thimmaiah, similarly placed employee, by order dated 10.12.2012 made in W.P.No.33015/2011.
3. The respondent KHB has filed statement of objections. As could be seen from the statement of objections the main contention seems to be that the petitioner was not working in the work charge establishment and therefore there is difference between the petitioner's case and the case of Thimmaiah. Nevertheless the respondent has failed to give a reply to the representation dated 17.03.2014 at Annexure-J. 4
4. This writ petition is disposed of with a direction to the respondent KHB to consider the representation dated 17.03.2014 at Annexure-J, by affording an opportunity of hearing to the petitioner and thereafter pass orders in accordance with law, as expeditiously as possible and at any rate within a period of three months from the date of receipt of certified copy of this order.
Sd/-
JUDGE KLY/