Bangalore District Court
Mr.R.Puttaiah vs ) The Chairman on 23 September, 2021
IN THE COURT OF LVII ADDL.CITY CIVIL AND
SESSIONS JUDGE, MAYOHALL UNIT, BENGALURU
(CCH58)
Present:
Smt. K.G.Shanthi, B.Com, LL.M.,
LVII Addl.City Civil & Sessions Judge.,
Mayohall Unit, Bengaluru.
Dated this the 23rd day of April, 2021
Original Suit No.25435/2015
Plaintiff: Mr.R.Puttaiah,
S/o. Late Ramaiah,
Aged about 60 years,
R/at No.71, BWSSB Quarters,
Presently r/at No.371,
12th Cross, AGB Layout,
Hessarghatta Main Road,
Bangalore560 090.
(By Sri. Vellanki Ravi, Advocate)
Vs
Defendants: 1) The Chairman,
BWSSB., Cauvery Bhavan,
K.G.Road, Bangalore9.
2) The Chief Administrative Officer,
BWSSB, Cauvery Bhavan,
K.G.Road, Bangalore.
(By Sri. Prashanth T. Pandit, Advocate)
2
O.S.No.25435/2015
Date of Institution of the suit 29.04.2015
Nature of the suit Recovery of Money &
Permanent Injunction
Date of the commencement of
recording of the evidence 15022021
Date on which the Judgment 23.09.2021
was pronounced
Year/s Month/s Days
Total duration 06 04 25
JUDGMENT
The plaintiff filed this suit against the defendants for Recovery of Money and also for Permanent Injunction.
2. The brief facts of the case is that, the plaintiff was working as a Senior Assistant in the BWSSB, Cauvery Bhavan, Bangalore and he was denied promotion since 20 years. He does not have good understanding with the defendants. He has stated that all the times he looked down by the defendants and their colleagues on cast basis. The plaintiff educated his 3 O.S.No.25435/2015 children. He had availed loan from Bank and repaying the same in installments. But the Bank authorities colluded with the defendants and caused threat to the plaintiff that he has to clear the loans as one term payment.
3. The plaintiff stated that he was working in a defendant's organization since 1978 and he retired from service on 30.04.2015. The defendants were liable to pay the increment of arrears in the salaries to the tune of Rs.3,82,000/ for the period 01.09.1978 to 30.04.2015 and payscale arrears amounting to Rs.1,27,970/ for the period from 01.07.2013 to 30.04.2015. In this regard, he had given many representation to the defendants to pay the arrears, but the defendants went on postponing the same. He also stated that he had obtained all the details of arrears of salary and payscale arrears under RTI Act. Further the defendants have admitted in their letter dtd.15.10.2018 that they are due of Rs.3,82,000/ and 4 O.S.No.25435/2015 pay scale arrears to the tune of Rs.1,26,000/ in all Rs.5,08,000/.
4. It is stated that the defendants are having malafide intention and harassing the plaintiff by colluding with the defendants, so this plaintiff not get the retirement benefits and pension. Hence, he suffered irreparable loss and hardship.
5. The cause of action to file this suit arose when the defendants caused a threat in collusion with the bank staff and insisted to clear the loan at once, otherwise they will not disperse the retirement benefits to the plaintiff and will not settle the pension.
6. The suit is valued U/Sec.26(c) of Karnataka Court Fees and Suit Valuation Act and Court fee of Rs.25/ paid. Accordingly the plaintiff pray for issue direction to the defendants to pay the arrears of increment of salary. Accordingly, plaintiff prays to direct the defendants to pay to the plaintiff, the arrears of 5 O.S.No.25435/2015 increment of salaries amounting to Rs.3,82,000/ and also pay to the plaintiff payscale arrears amounting Rs.1,26,000/ i.e., total salary dues amounting to Rs.5,08,000/ together with interest @ 18% per annum, from 30.04.2015 till the date of realization of the said amounts, restraining the defendant not to stop the dispersing the retirement benefits at the instance of Bank or any other cooperative societies, further restrain the defendants from withholding retirement benefits without due process of law and other reliefs.
7. On filing the suit, summons has been issued to the defendants. They appeared through Advocate and filed written statement.
8. In the written statement the defendants admitted that, the plaintiff was working under the defendant authority, but denied that they are looking down the plaintiff on the caste basis. The defendants admits that the plaintiff retired on 30.04.2015, but denied that they have not paid the arrears. The defendants contended that 6 O.S.No.25435/2015 since the date of appointment i.e.,01.09.1978 till the date of retirement i.e., 30.04.2015, the plaintiff was remained absent of 2179 days. The plaintiff has been irregular. The board vide its official notification bearing No.BGM.MAA K/CG04/588/201516, dtd.22.05.2015 has been granted all the annual increments to the plaintiff.
9. It also stated by the defendants that since plaintiff remained absent to work without applying leave, he has never been granted annual increments at the right time. The delay of grant of annual increments is solely due to his absence and irresponsibility expressed towards work.
10. It is stated by the defendant that plaintiff has confirmed that Board to deduct the amount payable towards the Bank loan from his salary and other benefits, it is the responsibility of the Board to pay the Bank installments on time by deducting the amount from the salary of the plaintiff. In the undertaking given to the Board, the plaintiff has confirmed that the loan amount 7 O.S.No.25435/2015 may be deducted from the retirement benefits and pension.
11. The defendants further contended that as per the Order of the office of defendants dtd.22.05.2015 in No.BWS & SB/MU AA AKAA/SIGI 04/588/201516, the pay of the plaintiff for the period from 01.09.1978 to 01.10.2014 has been refixed and the difference amount of Rs.3,63,135/ has been disbursed to plaintiff and the arrears of revised pay amounting to Rs.1,28,825/ has been paid to the plaintiff. It also stated that since some defects found in the Service Register and not otherwise, there was a delay in paying the arrears.
12. The defendant further contended that the irreparable debts made by the plaintiff as
(a) at Rs.1,20,000/ (Rupees one lakh and twenty thousand) with Canara Bank.
(b) at Rs.1,59,433/ (Rupees one lakh fiftynine thousand four hundred and thirtythree) with Apex Bank. 8
O.S.No.25435/2015
(c) at Rs.7,971/ (Rupees seven thousand nine hundred and seventyone) towards Income Tax.
(d) at Rs.2,180/ (Rupees two thousand one hundred and eighty) towards Group Insurance Premium.
(e) at Rs.4,691/ (Rupees four thousand six hundred and ninetyone) towards arrears of House Rent.
13. The respective Bank requested the Office of defendants, the defendants have deducted those sum out of the amount payable to the plaintiff and paid the remaining net amount of Rs.69,160/ to the plaintiff. Further as aforesaid out of the arrears of amount that the plaintiff is entitled to as per the Revised Pay came into effect by Order/dtd.01.07.2013, in deduction of debts of plaintiff of a sum of Rs.1,27,970/ payable by plaintiff.
(a) towards Indian Overseas Bank in a sum of Rs.62,970/ (Rupees sixtytwo thousand nine hundred and seventy)
(b) towards Corporation Bank in a sum of Rs.60,000/ (Rupees sixty thousand) and 9 O.S.No.25435/2015
(c) towards Janatha Cooperative Bank in a sum of Rs.5,000/ (Rupees five thousand).
14. It is stated by the defendant that all the eligible pensionary benefits have been disbursed to the plaintiff without any deduction. It is contended by the defendant that the suit of the plaintiff is false, frivolous and vexatious and he has no legal claim. It also stated that plaintiff has made false allegation against the defendants and there is no cause of action to file this suit. Accordingly pray for dismissal of the suit.
15. Based on the above pleadings, my predecessors in office has framed the following: ISSUES
1. Does the plaintiff prove that the defendants have withheld his retirement benefits without due process of law?
2. Whether the plaintiff is entitle for the relief of permanent injunction as prayed?
3. What order or decree?
10
O.S.No.25435/2015 Addl. Issues: 1, Whether the plaintiff proves that the defendants shall pay the arrears of increment of salaries amounting to Rs.3,82,000/ and also the payscale arrears amounting Rs.1,26,000/ i.e., total salary dues amounting to Rs.5,08,000/ together with interest at 18% per annum from 30042015 to him till the date of realization of the said amount?
2) Whether the defendant prove that the plaintiff has to pay the debts of Rs.1,20,000/ to Canara Bank, Rs.1,59,433/ to Apex Bank, Rs.7,971/ towards income tax, Rs.2,180/ towards Group Insurance Premium and Rs.4,691/ towards arrears of house rent?
3) Whether the defendants prove that the plaintiff shall pay Rs.62,970/ towards Indian Overseas Bank, Rs.60,000/ towards Corporation Bank and Rs.5,000/ towards Janatha Cooperative Bank?
16. In order to prove the case, the plaintiff himself examined as PW1 and produced & marked the documents as Exs.P1 to P4. On the other hand, the 11 O.S.No.25435/2015 Assistant Executive Engineer of BWSSB is examined as DW1 and produced and got marked Exs.D1 to D11.
17. Heard arguments.
18. My findings on the above issues are as under:
Issue No.1 : In the Negative,
Issue No.2 : In the Negative,
Addl. Issue No.1: In the Negative,
Addl. Issue No.2: In the Affirmative,
Addl. Issue No.3: In the Affirmative,
Issue No.3 : As per the final order
for the following:
REASONS
19. Addl. Issue No.1 to 3: The plaintiff claims arrears of increment of salary amounting to Rs.3,82,000/ and also payscale arrears amounting to Rs.1,26,000/ from the defendants with interest @ 18%.
20. It is not in dispute that the plaintiff joined the service to the defendant authority on 1091978 and retired from service on 30.04.2015. It is the definite contention of the plaintiff that he was looked down by the 12 O.S.No.25435/2015 defendant and their colleagues on caste basis. He also contended that he has availed a loan from different Bank for the purpose of marriage of his daughter and also for education of his children and he was paying installments regularly. But the defendant authorities colluded with the Bank and given threat to the plaintiff to clear the entire loan in one time.
21. Plaintiff in his evidence depose that, the defendants were liable to pay the increment of arrears in the salaries of Rs.3,82,000/ and payscale arrears amounting to Rs.1,27,970 for the period from 01.07.2013 to 30.04.2015. In this regard, he made repeated requests to the defendants to pay the arrears, but the defendants fails to pay the same. In support of the oral evidence plaintiff had produced the letter dtd. 20.04.2015 issued by him to the Chief Administrative Officer, BWSSB and Assistant Executive Engineer, SubDivision1, Shettihalli, Bangalore, which are marked as Ex.P.1 and Ex.P.2. Further the plaintiff had produced copy of letter 13 O.S.No.25435/2015 dtd.12.11.2014 issued by him to the Chairmen, BWSSB. The copy of the letter marked as Ex.P.3. According to the plaintiff, he has obtained all the details regarding arrears and pay bills. He had produced and got it marked as Ex.P.4.
22. It is definite defence of the defendants that the plaintiff was irregular to the work and he was remained absent for 2179 from 1.09.1978 to 30.04.2015. DW1 in his evidence deposed that the plaintiff has been irregular to duty, but Board vide its Notification No. BWS & SB/MU AA AKAA/SIGI 04/588/201516, dtd. 22.05.2015 has been granted all increments. Further deposed that the plaintiff has availed a loan from the various Banks and become the defaulter and while availing loan from the various authorities he has given an undertaking and Salary Certificate stating that the loan installments to be deducted from his salary and other benefits. 14
O.S.No.25435/2015
23. The Canara Bank and Apex Bank obtained a decree against Board and the Board should take the responsibility of paying installments due to the concerned Bank. In the evidence DW1 deposed that as per the Order of the office of the defendants, dtd.22.05.2015 in No.BWS & SB/MU AA AKAA/SIGI 04/588/201516, they pay of the plaintiff for the period from 01.09.1989 to 01.10.2014 has been refixed and the difference amount of Rs.3,63,135/ arising in view whereof, has been disbursed to plaintiff and the arrears of revised pay amounting to Rs.1,28,825/.
24. Further deposed that the plaintiff is liable to pay
(a) at Rs.1,20,000/ (Rupees one lakh and twenty thousand) with Canara Bank.
(b) at Rs.1,59,433/ (Rupees one lakh fiftynine thousand four hundred and thirtythree) with Apex Bank.
(c) at Rs.7,971/ (Rupees seven thousand nine hundred and seventyone) towards Income Tax. 15
O.S.No.25435/2015
(d) at Rs.2,180/ (Rupees two thousand one hundred and eighty) towards Group Insurance Premium.
(e) at Rs.4,691/ (Rupees four thousand six hundred and ninetyone) towards arrears of House Rent.
25. Further he was due
(a) towards Indian Overseas Bank in a sum of Rs.62,970/ (Rupees sixtytwo thousand nine hundred and seventy)
(b) towards Corporation Bank in a sum of Rs.60,000/ (Rupees sixty thousand) and
(c) towards Janatha Cooperative Bank in a sum of Rs.5,000/ (Rupees five thousand) and a remaining sum of Rs.855/ has been paid to the plaintiff.
26. According to the defendants at no point of time the defendants officials harassed the plaintiff. On the other hand, they given all the benefits, which payable to the plaintiff. In support of the oral evidence defendants had produced the copy of letter written by plaintiff to the Corporation Bank on 10.03.2015, which marked as 16 O.S.No.25435/2015 Ex.D.1. Further letter written by the plaintiff to the defendant dtd.17.08.2015, which marked as Ex.D.2. Further defendant had produced the copy of the Judgment obtained by Canara Bank against defendant in S.C.No.1548/2008, which marked as Ex.D.3. Copy of bill marked as Ex.D.4. Letters issued by the Canara Bank marked as Ex.D.5 and Ex.D.6. Ex.D.7 is the Order for attachment of salary or allowance. Copy of letter issued by Janatha Cooperative Bank is marked as Ex.D.8, Copy of letter issued by Corporation Bank to the defendant marked as Ex.D.9, copy of letter issued by Indian Overseas Bank to the defendant marked as Ex.D.10, Letter issued by Syndicate Bank to the defendant marked as Ex.D.11.
27. PW1 in his crossexamination denied that he had given an undertaking before the Bank that the arrears can be recovered from his salary, but he admits that he had obtained a loan from Janatha Cooperative Bank, but he says that he cleared the loan of Janatha 17 O.S.No.25435/2015 Cooperative Bank by paying cash from his hands, but he has not produced any documents to show that he has cleared loan of Janatha Cooperative Bank out of his own fund. PW1 admitted that he had given an authorization to Canara Bank to deduct the loan installment (EMI) out of his salary. Further he admitted that he had availed a personal loan from the Corporation Bank but not produced any document to show that he has cleared the loan. He admitted that Canara Bank filed a case in S.C.No.1548/2008 for recovery of money, which has been decreed and there is an order to deduct the amount out of his salary. Certified copy of decree is marked as Ex.D.3 through PW1. But he denied that as per the Judgment and decree the defendant authority attached Rs.1,92,128/ and paid to the Bank towards his loan.
28. According to the defendant, the plaintiff is irregular in his service since 1978 till 30.12.2015 he remained unauthorized absent for duty to the extent of 2179 days. PW1 in his crossexamination he admitted 18 O.S.No.25435/2015 that since he remained absent for work. The defendant authority had issued Notice to him.
29. PW1 admitted that on 11.08.2015 Janatha Co operative Bank issued a Notice to him calling upon him to pay Rs.5,000/, but he pleaded his ignorance that the said Notice is issued through defendant. PW1 denied that on 18.04.2015 the Corporation Bank issued a Notice to him calling upon to pay Rs.1,84,739/ and he denied that copy of the said Notice sent to defendant. Further he denied that on 12.03.2015 the Syndicate Bank issued Notice to him and copy of the Notice sent to defendant. He also admitted that he availed a loan from Indian Overseas Bank, but he denied that on 12.08.2015 Indian Overseas Bank issued a letter to the defendant authority to recover Rs.62,970/ from his salary. He denied that on 30.04.2015 defendant furnished all the details of decree obtained by the Bank and remaining balance was credited to his SB Account.
19
O.S.No.25435/2015
30. On perusal of Ex.D.1, which reflects that the plaintiff given a letter of undertaking to the Corporation Bank saying that he will clear loan amount in installment. Ex.D.2 is the undertaking given by the plaintiff on 17.08.2015, it reflects that the plaintiff given an undertaking and consented to deduct Rs.60,000/ out of his payscale, arrears towards the loan availed from Corporation Bank. Ex.D.3 is the certified copy of Judgment reflects that there is a decree against the present plaintiff for a sum of Rs.78,480/ with interest at the rate of 16.05%. Ex.D.5 is a letter issued by Canara Bank to the defendant authority requesting the authority to attach the salary of the plaintiff and recover the liability of loan of Rs.1,92,128/ with interest. Ex.D.6 is the letter issued by the Canara Bank to the BWSSB requesting to send DD for Rs.1,20,000/ towards the personal loan of plaintiff Puttaiah in terms of compromise settlement. Ex.D.7 reflects that the Court of Assistant Registrar of Cooperative Society, Bangalore passed an order of attachment of salary or allowance of the present 20 O.S.No.25435/2015 plaintiff. Ex.D.8 is the letter issued Janatha Cooperative Bank Limited to defendant requesting to attach Rs.5,000/ towards balance loan amount. Ex.D.9 is the Notice issued by the Corporation Bank to the defendant on 16.04.2015 requested to attach the salary of plaintiff Puttaiah till realization. Indian Overseas Bank issued a letter to the defendant authority on 11.08.2015 requesting the authority to deduct the salary of Puttaiah towards the loan. Ex.D.11 also letter issued by Syndicate Bank to the defendant authority requesting the defendant authority to attach the amount towards the outstanding due of Rs.1,81,241.21/. In the said letter they have stated that as the salary stopped from the month of November 2009, though the loan has become highly irregular and overdue and also inform to the defendant authority that since Puttaiah is retiring from the service by the end of April 2015, requested not to release the terminal benefits to him till he produces no due certificate from the Bank.
21
O.S.No.25435/2015
31. It is the contention of the plaintiff that the defendant authority illtreated him by looking his caste and also by colluding with the Banks. PW1 in his cross examination admitted that the defendant authority sanctioned a loan of Rs.2,00,000/ to him, to perform the marriage of his daughter. Further he admitted that he joined the service as a coolie and got promotion from time to time. The very admission of PW1 it is very clear that PW1 was not illtreated by the defendant authority and not denied any promotion or other benefits. On the other hand, the oral and documentary evidence clearly reflects that the plaintiff availed a loan from many Banks, but failed to clear the loan.
32. Documents available before the court reflects that the plaintiff availed a loan by producing a salary certificate and given an undertaking to attach the salary. Till his retirement he has not cleared dues, so the defendant proceeded to attach his salary as per the court order and also in accordance with the law, but the 22 O.S.No.25435/2015 plaintiff not disclosed any details about his loan and approached this court saying that the defendants failed to pay arrears of increment in the salary to the tune of Rs.3,82,000/ and payscale arrears to the tune of Rs.1,26,000/. The evidence reflects that the arrears bills were prepared by the defendant authority and the amounts paid to the Bank towards the balance of loan of the plaintiff. Since the plaintiff failed to repay the loan to the Banks, the defendant authority bound to take the responsibility of paying the installment amount to the loan account of the plaintiff by deducting the amount from the salary and other benefits of the plaintiff. The plaintiff himself given an undertaking and requested the defendant authority to deduct the loan amount and remit the same to the plaintiff Bank. So, I did not find any illegality in the act of the defendants. It is the duty cast upon the plaintiff to clear the loan as agreed, but he has failed to clear the loan as agent. There is no cause of action to file the suit. The plaintiff not approached the court with clean hands. He suppressed the material true 23 O.S.No.25435/2015 facts before the court. He miserably failed to prove that the defendants are liable to pay the suit claim of Rs.5,08,000/ with interest. On the other hand, the defendants proved that they have paid the debts of the plaintiff, which availed by him from the Bank. Accordingly, Addl. Issue No.1 answered in Negative and Addl. Issue No.2 and 3 are answered in Affirmative.
33. Issue No.1: The plaintiff failed to establish his case with cogent material evidence and Additional Issue No.1 answered in Negative and Additional Issue No.2 and 3 answered in Affirmative. So, this Issue No.1 answered in Negative.
34. Issue No.2: In view of the finding to the Additional Issue No.1 and 3 and Issue No.1, this Issue answered in Negative.
35. Issue No.3: In view of the findings above Issues, I proceed to pass the following: 24 O.S.No.25435/2015 ORDER The suit of the plaintiff is dismissed with cost of Rs.10,000/.
(Dictated to the Judgmentwriter, transcribed and computerized by him and after carrying out corrections by me,print out taken by him and then pronounced by me in open Court on this the 23rd day of September, 2021) (Smt.K.G. Shanthi) LVII Addl.City Civil & Sessions Judge, Mayo Hall Unit, Bengaluru.
ANNEXURE List of witnesses examined for the plaintiff :
PW.1 : R.Puttaiah List of documents marked for the plaintiff :
Ex.P1 : Letter dt.20.04.2015 to CAO., BWSSB Ex.P2 : Letter dt.20.04.2015 to AEE., Shettihalli, Bangalore Ex.P3 : Letter dt.12.11.2014 issued to Chairman, BWSSB Ex.P4 : RTI information reported obtained by BWSSB dt.15.10.2018 & 23.10.2018 List of witnesses examined for the defendants :
DW.1 : Manjunag J.C.
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O.S.No.25435/2015
List of documents marked for the defendants :
Ex.D1 : Letter dtd.10.03.2015 Ex.D2 : Letter dtd.17.08.2015 Ex.D3 : Copy of Judgment in S.C.No.1540/2008 Ex.D4 : Copy of Pay bill
Ex.D5, 6 : Letters issued by Canara Bank Ex.D7 : Copy of allowance Ex.D8 : Letter issued by Janata Cooperative Bank Ex.D9 : Copy of letter issued by Corporation Bank Ex.D10 : Copy of letter issued by Indian Overseas Bank Ex.D11 : Copy of letter issued by Syndicate Bank LVII Addl.City Civil & Sessions Judge, Mayo Hall Unit, Bengaluru. 26 O.S.No.25435/2015 Judgment pronounced in open court (vide separate Judgment) ORDER LVII Addl. City Civil & Sessions Judge, Mayo Hall unit, Bengaluru.