Karnataka High Court
S. L. Patil (Shankargouda ... vs The State Of Karnataka And Ors on 27 June, 2023
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
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WP No. 200235 of 2023
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 27TH DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO.200235 OF 2023 (S-R)
BETWEEN:
1. SRI S. L. PATIL
(SHANKARGOUDA LAKKAPPAGOUDA PATIL)
AGED ABOUT 84 YEARS,
OCC. RTD. S.G. LECTURER,
KALYAN NAGAR,
SINDAGI-586 128,
DIST. VIJAYPURA
2. LATE S. R. PATIL
(SIDDANAGOUD RUDRAGOUD PATIL)
FORMER SELECTION GRADE LECTURER
SINCE DECEASED BY HIS LR. WIFE
KAMALA W/O LATE SIDDANAGOUD PATIL,
AGED ABOUT 70 YEARS,
Digitally signed by OCC: HOUSE WIFE, PLOT NO.32,
VARSHA N RASALKAR
Location: HIGH COURT ADARSH NAGAR (NORTH),
OF KARNATAKA
VIJAYAPURA-586102
3. SRI MALLAPPA VEERAPPA RATI
AGED ABOUT 84 YEARS,
OCC: RTD. S. G. LECTURER
PLOT NO.82, MANAS RESIDENCY,
JAIL ROAD,
VIJAYAPUR-586103
4. SRI RAMANAGOUDA B. INAMDAR
(RAMANAGOUD BHIMAPPA INAMDAR)
AGED ABOUT 83 YEARS,
OCC: RTD. S. G. LECTURER,
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WP No. 200235 of 2023
PLOT NO.96, PULIKESHI NAGAR,
VIJAYAPURA-586101
5. SRI S.S. MUNDAS
(SHIDDAPPA SHIVARUDRAPA MUNDAS)
AGED ABOUT 83 YEARS,
OCC: RTD. S. G. LECTURER,
NO.M/2/100, ADARSH NAGAR,
VIJAYAPURA-586103
6. SRI V. M. KUSUR
(VEERAPPA MALLIKARJUNAPPA KUSUR)
AGED ABOUT 83 YEARS,
OCC: RTD. S. G. LECTURER,
VIJAYASHREE NILAYA JAYANAGAR,
VIJAYAPURA-586101
...PETITIONERS
(BY SRI. S.S.MAMADAPUR, ADVOCATE FOR
SRI ASHOK R. KALYANASHETTY, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF HIGHER EDUCATION,
6TH FLOOR, M. S. BUILDING
BENGALURU-560001
2. THE GOVERNMENT OF KARNATAKA
BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF FINANCE,
VIDHANA SOUDHA,
DR. B. R. AMBEDKAR VEEDHI,
BENGALURU-560001
3. THE ACCOUNTANT GENERAL,
OFFICE OF THE
ACCOUNTANT GENERAL (A AND E)
P.O.NO.5329, PARK HOUSE ROAD,
BENGALURU-560001
...RESPONDENTS
(BY SMT. MAYA T.R., HCGP)
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WP No. 200235 of 2023
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE
RESPONDENTS TO FIX AND PAY THE REVISED PENSION OF THE
PETITIONERS, INCLUDING THAT OF LATE S. R. PATIL THE DECEASED
HUSBAND OF PETITIONER NO.2 AS DIRECTED, IN TERMS OF AND
ON THE LINE OF THE ORDER DATED 01.07.2021 AT ANNEXURE-Q
PASSED IN WP NO.23577/2014 IN TERMS OF THE GOVERNMENT
ORDER NO. FD (SPL) 2 PET 99 BANGALORE DATED 15.2.1999 AT
ANNEXURE J; ALLIED GOS GO NO. ED 275 UPC 2004 DATED
08.02.2007 AT ANNEXURE- L GO NO. FD 03 PEN 2007 (1) DATED
06.06.2007 AT ANNEXURE M GOVERNMENT ORDER NO FD 81 PEN
2012 DATED 3.5.2012 AT ANNEXURE O; GOVERNMENT ORDER NO.
FD 33 PEN BENGALURU 2018 DATED 24.04.2018 AT ANNEXURE P
(CEILING ON MAXIMUM PENSION AT RS, 69,925), WITH ALL
CONSEQUENTIAL BENEFITS INCLUDING ARREARS WITH INTEREST
AT 6 PERCENT FROM THE DATE IT FELL DUE IN THE INTEREST OF
JUSTICE AND EQUITY AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
1. The petitioners are before this Court seeking for the following reliefs:
"a) Issue a writ of mandamus or any other order or direction in the nature of writ directing the respondents to fix and pay the revised pension of the petitioners, including that of late S R Patil. the deceased husband of petitioner No.2 as directed, in terms of and on the line of the order dated 01.07.2021 at Annexure-Q passed in WP No. 23577/2014 in terms of the Government Order No. FD (Spl) 2 Pet 99 Bangalore dated 15.2.1999 at Annexure-J allied GOS Go No. ED 275 UPC 2004 dated 08.02.2007 at Annexure-L Go No. FD 03 PEN 2007 (1) dated 06.06.2007 at Annexure-M;
Government Order No FD 81 PEN 2012 dated 3.5.2012 at Annexure-O Government Order No. FD 33 PEN Bengaluru 2018 dated 24.04.2018 at Annexure-P (ceiling on maximum pension at Rs.69,925), with all consequential benefits including arrears with interest at 6 percent form -4- NC: 2023:KHC-K:4642 WP No. 200235 of 2023 the date it fell due in the interest of justice and equity.
b) Issue a writ of Mandamus or any other order or direction in the nature of a writ directing the respondents to fix and pay the revised family pension payable to petitioner No.2, in the light of revised pension of her Husband late S. R. Patil and in terms of GOs Government Order No.FD(SPL) 2 PET 99 Bangalore dated 15.2.1999 at Annexure-J; allied GOs GO No.ED 275 UPC 2004 dated 8.2.2007 at Annexure-L; GO No.FD 03 PEN 2007 (1) dated 6.6.2007 at Annexure-M; Government Order No. FD 81 PEN 2012 dated 3.5.2012 at Annexure-O Government Order NO.FD 33 PEN Bengaluru 2018 dated 24.04.2018 at Annexure-P, with all consequential benefits including arrears with interest at 6 percent from the date it fell due in the interest of justice and equity.
c) Grant such other reliefs as deemed fit in the circumstances of the case in the interest of justice and equity."
2. The contention of the learned counsel for the petitioners is that the lis in the present matter has already been decided by the Co-ordinate Bench of this Court vide order dated 01.07.2021 in W.P.No.23577/2014. As such, he submits that the benefit extended to the petitioners therein needs to be extended to the petitioners in this Writ Petition also.
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3. The petitioners claim to have submitted representations at Annexure-S series in September- 2022. However, the same do not bear the acknowledgment of the respondents. Be that as it may, whether representations are submitted or not, the benefit of order dated 01.07.2021 in W.P.No.23577/2014 would have to be extended to the petitioners, subject however in respect thereof, the details being required by the respondents to be furnished by a fresh representation. Petitioners are permitted to file such representation detailing out the entitlement of the petitioners as also enclosing supporting documents.
4. In view thereof, I pass the following:
ORDER i. The Writ Petition is allowed.
ii. A mandamus is issued directing the respondent Nos.1 to 3 to consider the representations of the -6- NC: 2023:KHC-K:4642 WP No. 200235 of 2023 petitioners already submitted and to be submitted in terms of the decision of this Court dated 01.07.2021 in W.P.No.23577/2014 within a period of 30 days from the date of representations being submitted by the petitioners.
Sd/-
JUDGE VNR List No.: 1 Sl No.: 28