Karnataka High Court
Sri C Muddaiah S/O Hanumanthaiah vs The Commissioner on 8 March, 2013
Author: H N Nagamohan Das
Bench: H.N. Nagamohan Das
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 8TH DAY OF MARCH, 2013
BEFORE
THE HON'BLE MR. JUSTICE H.N. NAGAMOHAN DAS
W.P. No. 580/2013 (S-R)
BETWEEN :
--------------
Sri. C MUDDDAIAH
S/O. HANUMANTHAIAH
AGED 75 YEARS
RETD. ASST. REVENUE
OFFICER, KARNATAKA
HOUSING BOARD
R/O. No. 80/16, 19TH MAIN ROAD
9TH CROSS, RAJAJINAGAR 1ST
N BLOCK, BAGANLORE 560 010. ... PETITIONER
(By Sri. S NARAYANA, ADV.)
AND :
-------
THE COMMISSIONER
KARNATAKA HOUSING
BOARD, CAUVERY BHAVAN
BANGALORE - 560 009. ... RESPONDENT
(By Sri. T N VENKATA REDDY, CGSC)
---
2
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA WITH A
PRAYER TO SET ASIDE THE ORDER DATED 02.11.2001
PASSED BY RESPONDENT VIDE ANNEXURE L AND ETC.
THIS WRIT PETITION COMING ON FOR
PRELIMINARY HEARING B GROUP THIS DAY, THE COURT
PASSED THE FOLLOWING;
ORDER
Petitioner was an employee of the respondent Housing Board and retired from service in the month of February 1998. The difference of pay and allowance was sanctioned to the petitioner. There was delay in payment of arrears of salary and pensionary benefits. Therefore the petitioner gave a representation requesting the respondents to pay interest on delayed payment. Under the impugned endorsement the prayer of the petitioner came to be rejected on the ground that as per the Rules there is no provision for payment of interest on delayed payment. Hence, this writ petition.
2. Heard arguments on both the side and perused the entire writ papers.
3
3. Section 10-A of the of the Karnataka Housing Board Act (for short `the Act') reads as under:
"10A. OFFICERS AND SERVANTS OF THE BOARD : (1) Subject to such rules as may be made under this Act, the Board may have such officers and servants as are necessary for its purposes. In making these appointments it shall be the duty of the appointing authority to reserve adequate number of posts for the Scheduled Castes, Scheduled Tribes and other backward classes of citizens in the same manner and to the same extent as are applicable to recruitment to the State Civil Services.
(2) The emoluments, allowances and other conditions of service of the officers and servants referred to in sub-section (1) shall be the same as are applicable to the officers and servants of the State Government governed by the Karnataka Civil Services Rules except as otherwise prescribed.
(3). The Karnataka Public Service Commission shall exercise the same functions as respects the services of the Board as the said Commission exercises under Article 320 of the Constitution of India as 4 respect the services of the State and every appointment to posts carrying a maximum monthly salary exceeding rupees two hundred, other than those prescribed shall be made in consultation with the Karnataka Public Service Commission.
Provided that this sub-section shall not apply to an officiating or temporary appointment for an aggregate period not exceeding one year.
Provided further that no appointment shall be made contrary to the advice of the same Commission except with the approval of the State Government."
4. The Government of Karnataka in its order dated 14.08.1985 bearing No. FD (SPL) 864 PEN 84 specifies the payment of interest on delayed payment of pension and the same reads as under:
"After considering all aspects Government are pleased to accord sanction for payment of interest on delayed payment of DCRG as under:
i. In cases where the DCRG is not paid within six months from the date of retirement/death interest shall be paid on the amount of DCRG from the 5 commencement of seventh month upto end of the month preceding the month of payment."
5. Section 10-A of the Act specifies that the emoluments, allowances and other conditions of service of the officers and servants of the Government of Karnataka shall be the same to the officers and servants of the respondent Housing Board. Further the Government Order dated 14.08.1995 specifies the payment of interest on delayed payments. Therefore the reasoning in the impugned order that the Rules do not permit for payment of interest on delayed payment is contrary to the Act and the Government Order. On this ground the impugned endorsement is liable to be set aside.
6. For the reasons stated above, the following;
ORDER i. Writ petition is hereby allowed.
ii. The impugned endorsement dated 02.11.2012 - Annexure L is hereby quashed.
6iii. The matter is remanded to the respondent for fresh consideration in accordance with law keeping in view Section 10-A of the Act and also the Government Order dated 14.08.1985 as expeditiously as possible and in any event not later than two months from the date of receipt of copy of this order.
Sd/-
JUDGE.
LRS.