Karnataka High Court
T. Krishnamurthy vs The Chief Secretary on 10 October, 2018
Author: L.Narayana Swamy
Bench: L. Narayana Swamy
-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF OCTOBER, 2018
BEFORE
THE HON'BLE MR. JUSTICE L. NARAYANA SWAMY
WRIT PETITION Nos.35519 - 35550/2015 (S-RES)
C/w
WRIT PETITION Nos. 3318 - 3349/2015 (S-RES),
WRIT PETITION Nos.3583-94/2015 (S-RES)
IN W.P. Nos.35519 - 35550/2015:
BETWEEN:
1. T.Krishnamurthy,
Aged about 70 years,
Retired Jr.Work Inspector,
No.6, Building Sub-Division,
Nrupathunga Road,
Bengaluru-560 001.
2. Thammaiah,
Aged about 68 years,
Retired Jr.Work Inspector,
No.8, Building Sub-Division,
Nrupathunga Road,
Bengaluru-560 001.
3. Smt. Padma,
Aged about 60 years,
Junior Work Inspector,
No.2, Building Sub-Division,
Nrupathunga Road,
Bengaluru-560 001.
-2-
4. Smt.Yashoda Bai,
Aged about 67 years,
Retired Jr.Work Inspector,
No.8, Building Sub-Division,
Nrupathunga Road,
Bengaluru-560 001.
5. Channamma,
W/o.Late Ranga,
Aged about 58 years,
Junior Work Inspector,
No.7, Building Sub-Division,
Nrupathunga Road,
Bengaluru-560 001.
6. Smt.Puttathayamma,
W/o.Late Shankarappa,
Aged about 57 years,
Junior Work Inspector,
Executive Engineer's Office,
Building Sub-Division,
Bengaluru-560 002.
7. Smt. Sakamma,
W/o. Subbarayappa,
Aged about 56 years,
Junior Work Inspector,
No.7, Building Sub-Division,
Bengaluru-560 002.
8. Gowramma
W/o. Late Thirumalaiah,
Aged about 53 years,
Junior Inspector,
Building Sub-Division,
Kanakapura,
Ramanagara District-562 117.
-3-
9. Krishna,
S/o.Shettappa,
Aged about 65 years,
Retired Jr.Work Inspector,
No.8, Building Sub-Division,
Nrupathunga Road,
Bengaluru-560 001.
10. Marijoseph,
S/o. Late Anthappa,
Aged about 63 years,
Retired Jr.Work Inspector,
No.8, Building Sub-Division,
Nrupathunga Road,
Bengaluru-560 001.
11. Thungamma,
W/o.Late Seshadri,
Aged about 56 years,
Junior Work Inspector,
Zilla Parishat Sub-Division,
Arasikere, Hassan District-573 103.
12. P.Kempegowda,
Aged about 63 years,
Retired Jr.Work Inspector,
Office of the Asst.Executive Engineer,
No.2, Jalamapana Sub-Division,
K.R.Sagara, Pandavapura Taluk,
Mandya District-571 434.
13. Puttaraja Shetty,
Aged about 62 years,
Retired Jr.Work Inspector,
Office of the Asst.Executive Engineer,
No.2, Jalamapana Sub-Division,
K.R.Sagara, Pandavapura Taluk,
Mandya District-571 434.
-4-
14. Ambujamma,
W/o Late Venkataramaiah,
Aged about 64 years,
Retired Jr.Work Inspector,
Office of the Asst.Executive Engineer,
No.3, K.C.Sub-Division,
Hullahalli,
Nanjangudu Taluk,
Mysuru District-571 312.
15. B.H.Ramaiah,
Aged about 64 years,
Retired Jr.Work Inspector,
No.7, Building Sub-Division,
K.R.Circle,
Bengaluru-560 001.
16. Talawar Shivappa
S/o.Gadigeppa,
Aged about 60 years.
Junior Work Inspector,
Office of Asst.Executive Engineer,
PWD and IWT Sub-Division No.1,
Belgavi,
R/o: Plot N1-101, Dr.Ambedkar Nagar,
Belagavi-590 001.
17. Patil Dhanpal,
S/o.Jinnappa,
Aged about 63 years,
Junior Work Inspector (Retired),
Office of Asst.Executive Engineer,
PWD and IWT Sub-Division No.1,
Belgavi,
R/o: House No.324, Main Road,
Basavana Kudachi,
Belagavi-590 001.
-5-
18. Ayub Imamsab Naik,
S/o.Imamsab,Aged about 58 years,
Junior Work Inspector,
PWD & IWT Sub-division No.1,
Belgavi,
R/o:Plot No.10, Vinayaka Nagar,
Swaminatha Colony,
Rani Chennamma Nagar,
Belgavi-590 001.
19. Naik Ibrahim,
S/o.Imamsab,
Aged about 65 years,
Junior Work Inspector (Retired),
PWD & IWT Sub-Division No.1,
Belgavi, R/o: Plot No.3,
Veerabhadra Nagar,
1st Cross, Belgavi-590 001.
20. Kudabale Siddappa,
S/o.Yamanappa,
Aged about 63 years,
Junior Work Inspector(Retired),
PWD & IWT Sub-Division No.1,
Belgavi,
R/o: Plot No.21, Sector No.2,
Shivabasava Nagar,
Belgavi-590 010.
21. Shinde Krishna,
S/o.Gangadhar,
Aged about 61 years,
Junior Work Inspector(Retired),
Office of Asst.Executive Engineer,
PWD & IWT Sub-Division No.1,
Belgavi, R/o: Plot No.44, 1st Cross,
Bhagya Nagar,
Belgavi-590 001.
-6-
22. Kulkarni Gururaju,
S/o.Hanumantrao,
Aged about 56 years,
Junior Work Inspector,
Office of Asst.Executive Engineer,
PWD & IWT Sub-Division No.1,
Belgavi,
R/o: Plot No.45/A, Narayani,
Shanti Nagar,
Tilakwadi-590 006.
23. Aptekar Piraji,
S/o. Mahadevi,
Aged about 62 years,
Junior Work Inspector (Retired),
Office of Asst.Executive Engineer,
PWD & IWT Sub-Division No.1,
Belgavi,
R/o: H.No.858, Patil Galli,
Piranawadi,
Belgavi-590 001.
24. Jagajampi Subhash,
S/o.Kallappa,
Aged about 68 years,
Junior Work Inspector (Retired),
Office of Asst.Executive Engineer,
PWD & IWT Sub-Division No.1,
Belgavi,
R/o: Plot No.204, vinayak Nagar,
Hindalga Road,
Belgavi-590 001.
25. Jambgi Mallikarjun,
S/o.Shrimantappa,
Aged about 61 years,
Junior Work Inspector (Retired),
-7-
Office of the Executive Engineer,
PWD & IWT Sub-division,
Bailhongal,
R/o: H.No.705/B/16, Shetagar Chal,
Bailhongal-591 102.
26. Tirakannavar Babu,
S/o. Basappa,
Aged about 63 years,
Junior Work Inspector (Retired),
Office of the Executive Engineer,
PWD & IWT Sub-Division,
Bailhongal,
R/o: Plot No.21, Basava Nagar,
M.K.Hubli,
Taluk & District: Belgavi-590 001.
27. Jakkappagol Kareppa,
S/o. Jakkappa,
Aged about 62 years,
Junior Work Inspector (Retired),
Office of the Executive Engineer,
PWD & IWT Sub-Division,
Bailhongal,
R/o:Plot No.598, Kumaraswami Layout,
Boxit Road,
Belgavi-590 001.
28. K.B.Thimmaiah,
S/o.Late Boraiah,
Aged about 71 years,
Junior Work Inspector (Retired),
Office of Asst.Executive Engineer,
PWD, No.4, Sub-Division, K.R.Circle,
Bengaluru-560 001,
R/o: 1077, Krishna Nagar,
Magadi Main Road,
Bengaluru-560 040.
-8-
29. Puttaswamaiah,
Aged about 68 years,
Junior Work Inspector (Retired),
Office of Asst.Executive Engineer,
PWD, No.9, Building Sub-Division,
K.R.Circle, Bengaluru-1,
R/o:706, Kumara Swamy Extension 1st Phase,
Bengaluru-560 078.
30. Gangadharaiah R,
Since deceased by LR(Wife),
Parvathamma,
Aged about 66 years,
Junior Work Inspector (Retired),
Office of the Asst.Executive Engineer,
PWD, No.8 Sub-Division, K.R.Circle,
Bengaluru-560 001,
R/o:6th Cross, West of Chord Road,
Rajajinagar, Bengaluru-560 010.
31. A.K.Nagaraj,
Aged about 59 years,
Junior Work Inspector,
Office of the Asst.Executive Engineer,
PWD, No.9, Building Sub-Division,
K.R.Circle, Bengaluru-560 001,
R/o: NO.B, 17th Main,
Ideal Homes Township,
Raja Rajeshwarinagar,
Bengaluru-560 098.
32. Muddappa,
Aged about 71 years,
Junior Work Inspector (Retired),
Office of the Asst.Executive Engineer,
PWD, No.6, Sub-Division, K.R.Circle,
-9-
Bengaluru-560 001,
R/o: NO.367, 1st Main, Kamala Nagar,
Bengaluru-560 019.
...Petitioners
(By Sri.D.S.Hosmath, Advocate)
AND:
1. The Chief Secretary,
Government of Karnataka,
Vidhana Soudha,
Bengaluru-560 001.
2. The State of Karnataka,
By its Secretary-PWD,
M.S.Building,
Bengaluru-560 001.
3. The Chief Engineer (C & B),
PWD - K.R.Circle,
Bengaluru-560 001.
... Respondents
(By Sri.E.S.Indiresh, Advocate for R1 to R3)
These Writ Petitions are filed under Articles 226 and
227 of the Constitution of India praying to hold that the
petitioners are entitled for Pay Scale of Rs.120-240 and direct
the respondents to return the excessive payment re-collected,
until date of retirement and direct the respondents to refund
the excessive payment re-collected from the year 1971 to
1989.
- 10 -
IN W.P. Nos.3318-3349/2015:
BETWEEN:
1. B.G. Jagannath,
S/o late B. Gundappa,
Aged about 63 years,
Retired work Inspector,
R/o No.683, 16th Main, 6th Cross,
Saraswathipuram,
Mysuru - 9.
2. B. Kariyanna
S/o Beeranna,
Aged about 63 years,
Retired work Inspector,
R/o No.208, 8th 'E' Main,
NGEF Layout, 2nd 'A' Cross,
Sadananda Nagar,
Bengaluru - 38.
3. M.S. Venkatesh
S/o late M. Subramanyam,
Aged about 62 years,
Retired Work Inspector,
R/o No.522, 3rd 'E' Main,
Health Layout,
Sreegandadakaval,
Bengaluru - 91.
4. R. Nagaraju
S/o late Ramaiah,
Aged about 62 years,
Retired Work Inspector,
R/o No.92/2-1, 4th Main,
Govindarajanagar,
Bengaluru - 40.
- 11 -
5. P. Hanumantharayappa
S/o late A.M. Pillappa,
Aged about 63 years,
Retired Work Inspector,
R/o No.161/B, Mirza Road,
Sree Manjunatha Layout,
Anekal Post,
Bengaluru - 06.
6. Chowdaiah
S/o late Chowdaiah .P
Aged about 63 years,
Retired Work Inspector,
R/o No.120/7, 26th Cross,
6th Block, Jayanagar,
Bengaluru - 83.
7. L. Ramaswamy
S/o late G. Lakshminarayana Shastry
Aged about 61 years,
Retired Work Inspector,
R/o No.19/1, 2nd Cross,
Lalbagh Siddapura,
1st Block, Jayanagar,
Bengaluru - 11.
8. Hanumanthappa
S/o Hanumaiah,
Aged about 62 years,
Retired Work Inspector,
R/o No.32, 7th Main, 8th Cross,
Ittamadu, BSK III Stage,
Bengaluru - 85.
9. Devaiah
S/o late Nanjundaiah,
Aged about 71 years,
- 12 -
Retired Work Inspector,
R/o No.14, 1st Main, 2nd Cross,
Muneshwara Layout,
Bengaluru - 79.
10. Shankar.K
S/o L. Krishna,
Aged about 41 years,
R/o No.U-13, 1st Cross,
Dayanand Nagar,
Sriramapuram,
Bengaluru - 21.
11. Shivarudraiah
S/o Siddaiah,
Aged about 54 years,
Junior Work Inspector,
Office of the Asst. Executive Engineer,
P.W.D., Mandya - 570 001.
12. S. Venkataramaiah
S/o late Srinivasaiah,
Aged about 75 years,
Retired Work Inspector,
Jayanthinagar,
Kennal Post,
Pandavapuram Taluk,
Mandya District - 570 001.
13. K.S. Papashetty
S/o late Siddaiah,
Aged about 64 years,
Retired Work Inspector,
R/o Kalanahalli Village,
Mandya Taluk,
Mandya District - 570 001.
- 13 -
14. Basavarajappa
S/o late Subbappa,
Aged about 67 years,
Retired Work Inspector,
R/o No.2221/80 Feet Road,
'E' Block, Kanakadasanagara,
Dhattagalli III Stage,
Mysuru - 11.
15. J. Lingegowda
S/o late Javaregowda,
Aged about 72 years,
Retired Work Inspector,
R/o No.606/1, Basaveshwara Flour Mill,
R.S. Road, K.R. Sagar,
Srirangapatna Taluk,
Mandya District - 570 001.
16. C.L. Puttanaiah
S/o late Lingappa,
Aged about 73 years,
Retired Work Inspector,
R/o No.665, K.R. Sagar,
Srirangapatna Taluk,
Srirangapatna,
Mandya District - 570 001.
17. M.K. Lokanathan
S/o late M. Kuppuswamy,
Aged about 70 years,
Retired Work Inspector,
R/o No.158, 5th Cross,
Vinayaka Tent Road,
Hosahalli,
Mandya City - 570 001.
- 14 -
18. D. Ramegowda
S/o late Dollegowda,
Aged about 67 years,
Retired Work Inspector,
R/o No.643, 5th Cross,
2nd Main, Lokanayaka Nagar,
Metagalli, Mysuru - 16.
19. Smt. S.B. Sharadamma
W/o late C. Nanjappa,
Aged about 61 years,
Retired Work Inspector,
R/o No.4322/L22, 7th Cross,
Gandhinagar,
Mysuru - 01.
20. H.P. Rajagopal
S/o late G. Puttaraju,
Aged about 58 years,
Working as Junior Inspector,
Office of Asst. Executive Engineer,
No.II Building Sub-Division,
P.W.D., Mysuru - 10.
21. T. George Raj Tilak
S/o late Titos Issiah,
Aged about 59 years,
Working as Jr. Work Inspector,
Office of the Special Sub-Division,
P.W.D., Ramanagara - 571 310.
22. Ashmath Pasha
S/o Md. Ghouse Peer,
Aged about 73 years,
Retired Work Inspector,
R/o No.3118, Convent Road,
Lashkar Mohalla,
Mysuru - 10.
- 15 -
23. A. Krishnamurthy
S/o late R. Anantharamaiah,
Aged about 57 years,
Working as Jr. Work Inspector,
Office of Asst. Executive Engineer,
No.II, Building Sub-Division,
P.W.D., Nazarbad,
Mysuru - 10.
24. Siddachari
S/o Kalachari,
Aged about 67 years,
Retired Work Inspector,
R/o Chandakavadi Hobli,
Chamarajanagar District - 57101.
25. H. Nagarajappa
S/o Hugrappa,
Aged about 61 years,
Asst. Work Inspector (Retd.),
No.9, 8th Main, 4 'D' Cross,
A.O. Halli, Magadi Road,
Bengaluru - 79.
26. Eru Dayanandan
S/o Anthony C.B.R.,
Aged about 71 years,
R/o No.3, 5th Main,
II Cross, Public Hospital Road,
Vidyaranyapuram,
Mysuru - 8.
27. G. Lingaiah
Since deceased by L.R. Wife,
Smt. Y.S. Puttalakshmamma,
Aged about 65 years,
- 16 -
R/o Ballakare, Arakere Hobli,
Srirangapatna Taluk,
Mandya District - 570 001.
28. M. Kemparamaiah
S/o late Muddaramaiah,
Aged about 63 years,
R/o No.268/A, 7th Main,
9th Block, II Stage,
Nagarabhavi,
Bengaluru - 72.
29. K. Boraiah
S/o Kempegowda,
Aged about 68 years,
Junior Work Inspector (Retd.),
Office of the Asst. Executive Engineer,
No.1, R & D Sub-Division,
Mandya,
R/o Komurvalaly Village,
Kothathi Hobli,
Mandya Taluk & District - 570 001.
30. Puttamma
W/o late S.C. Manchegowda,
Aged about 65 years,
R/o No.3155, RPC Layout,
13th Main, Vijayanagar,
Bengaluru - 40.
31. Philominamma
D/o late Puttappa,
Aged about 66 years,
R/o No.250, 2nd Cross,
Vilappa Layout,
Chelikeri,
Bengaluru - 41.
- 17 -
32. B.B. Sarojamma
W/o Nagarajappa,
Aged about 66 years,
R/o No.4/108, New No.686,
Karnataka State Employees Layout,
Bagalur Road,
Bengaluru - 33.
...Petitioners
(By Sri.D.S.Hosmath, Advocate)
AND:
1. Chief Secretary,
Government of Karnataka,
Vidhana Soudha,
Bengaluru-560 001.
2. State of Karnataka,
By its Secretary,
Public Works Department,
M.S.Building,
Bengaluru-560 001.
3. The Chief Engineer (C & B) South,
PWD - K.R. Circle,
Bengaluru-560 001.
4. The Executive Engineer
PWD, Mysuru - 01.
5. The Executive Engineer,
PWD, Chamarajanagar - 01.
6. The Executive Engineer
PWD, Ram Nagar Division,
Ram Nagar - 33.
- 18 -
7. The Executive Engineer
PWD Building Division,
Bengaluru Division,
Bengaluru - 01.
8. The Chief Engineer (C & B) South
P.W.D., K.R. Circle,
Bengaluru - 01.
9. The Executive Engineer
No.2, Sub-Division,
P.W.D., Nazarbad,
Mysuru - 04.
10. The Executive Engineer
Building Division,
P.W.D., Bengaluru - 01.
11. The Director
Karnataka Engineering Research Station,
K.R. Sagar,
Mandya District - 570 001.
... Respondents
(By Sri.E.S.Indiresh, Advocate for R-1 to R-10
R-11 served.)
These Writ Petitions are filed under Articles 226 and
227 of the Constitution of India praying to quash the order
vide Annexure-H passed by Respondent No.2 dated
13.11.2014 and to hold that the petitioners are entitled for
Pay Scale at Rs.120-240 and directing the respondents to
return the excessive payment re-collected, until date of
retirement and etc.,
- 19 -
IN W.P. Nos.3583-3594/2015:
BETWEEN:
1. R.G. Vishwanatha,
S/o. Late Gangadharappa,
Aged about 67 years,
Retired Work Inspector,
R/o Rangavannahally,
B.Durga Post,
Holalkere Taluk - 577 526.
2. P.B.Ramachandrappa,
S/o. Late P. Bheemappa,
Aged about 68 years,
Retired Work Inspector,
R/o 4th Cross, Shivappa Badavane,
Behind Police Quarters,
Holalkere Taluk - 577 526.
3. M. Hanumanthappa,
S/o. Late Rangappa,
Aged about 68 years,
Retired Work Inspector,
R/o Horakedevarapura,
Holalkere Taluk - 577 526.
4. B.P. Nataraj,
S/o. Late B. Parameshwarappa,
Aged about 67 years,
Retired Work Inspector,
R/o V.S.Hally Post,
Holalkere Taluk - 577 526.
5. K. Mukundappa,
S/o. Late Chikkappa,
Aged about 66 years,
Retired Work Inspector,
- 20 -
R/o Tharalabalu Nagar,
Behind Land Army,
Chitradurga - 577 501.
6. V. Thippeswamy,
S/o. Late Veerabhadrappa,
Aged about 63 years,
Retired Work Inspector,
R/o Shivaganga,
Holalkere Taluk - 577 526.
7. T. Basavarajappa,
Since deceased by LR
7(a) Smt. Rudramma,
W/o. Late T. Basavarajappa,
Aged about 59 years,
R/o Begur, Hosadurga Taluk,
Chitradurga District - 577 527.
8. K.H. Ramadas,
S/o. Late K.R. Hanumanthappa,
Aged about 67 years,
R/o no. 156/1, 1st Cross,
Vidya Nagar,
Hosadurga Taluk - 577 527.
9. Syed Jafer,
S/o. Late Syed Hussain,
Aged about 61 years,
Retired Work Inspector,
R/o. Office of AEE,
P.W.D. Sub-Division,
Harihar Taluk - 577 601.
10. K. Rama Rao,
S/o. Late Raja Rao,
- 21 -
Aged about 63 years,
Retired Work Inspector,
R/o 137/3/2, 2nd Main, 3rd Block,
T.R.Nagar,
Bengaluru - 560 028.
11. H. Ranganatha Gowda,
S/o. Late Hari Gowda,
Aged about 64 years,
Retired Work Inspector,
R/o 37, 1st Floor, 7th Main,
Sahakar Bhavan, Near MES School,
Kamakshipalya, Meenakshi Nagar,
Bengaluru - 560 079.
12. C. Kempaiah,
S/o. Late Chennappa,
Aged about 64 years,
Retired Work Inspector,
R/o Ayyara Halli,
North Block, Pandavapura Taluk,
Mandya - 571 434.
... Petitioners
(By Sri.D.S.Hosmath, Advocate)
AND:
1. The Chief Secretary,
Government of Karnataka,
Vidhana Soudha,
Bengaluru - 560 001.
2. The Secretary,
P.W.D., Vikasa Soudha,
Bengaluru - 560 001.
3. The Chief Engineer,
P.W.D - K.R. Circle,
Bengaluru - 560 001.
- 22 -
4. The Asst. Executive Engineer,
P.W.D. Sub-Division,
Holalkere Taluk,
Chitradurga - 577 526.
5. The Asst. Executive Engineer,
P.W.D. Sub-Division,
Hosadurga Taluk,
Chitradurga - 577 527.
6. The Asst. Executive Engineer
P.W.D. Sub-Division,
Harihara Taluk,
Davanagere - 577 601.
7. The Asst. Executive Engineer,
Building Sub-Division,
Sahakara Bhavan,
Bengaluru - 560 001.
8. The Asst. Executive Engineer,
ESI Sub-Division, Indiranagar,
Bengaluru - 560 038.
9. The Asst. Executive Engineer,
KERS, Pandavapura Taluk,
Mandya - 571 434.
10. The Director,
Karnataka Engineering Research Station,
K.R.Sagar,
Mandya District - 571 607.
... Respondents
(By Sri.E.S.Indiresh, AGA for R1 to R10)
- 23 -
These Writ Petitions are filed under Articles 226 and
227 of the Constitution of India praying to quash the order
vide Annexure-H passed by Respondent No.2 dated
13.11.2014 and to hold that the petitioners are entitled for
Pay Scale at Rs.120-240 and directing the respondents to
return the excessive payment re-collected, until date of
retirement and etc.,
These petitions coming on for Preliminary Hearing this
day, the Court made the following:
ORDER
The prayer made by the petitioners in all these petitions is to issue a writ of certiorari and quash the impugned order dated 13.11.2014 passed by respondent No.2 wherein the applications filed by the petitioners have been rejected.
2. The facts of the case are, all the petitioners are retired from service on attaining the age of superannuation. They submit they were working as junior work inspectors for the respondents and they were entitled for promotion to the post of Senior Work Inspector. But, the same has not been extended to them. Under these circumstances, petitioners submit that the salary and other emoluments attached to the Senior Work Inspector has to be extended to them. In this
- 24 -
background they have made representation to the respondents for extension of the benefit which was given to the cadre of Senior Work Inspector. The said representation has not been considered.
3. The learned counsel for the respondents submits that these petitioners are Government Employees, in order to seek such relief, petitioners have to approach the Karnataka Administrative Tribunal, Bangalore and not this Court.
4. At this stage, the learned counsel for the petitioners submits that all these petitioners are retired from service and also their representation is pending from the last three years and seeks to give direction to the concerned authorities in this regard.
5. In the light of the submissions made by both the parties, these petitions are disposed of with a direction to the respondents to consider the representations and pass appropriate order in accordance with law.
- 25 -
6. Petitioners are permitted to file a common representation within a period of 4 weeks from today and the respondents are directed to pass appropriate orders within a period of 8 weeks thereafter.
Sd/-
JUDGE SV