Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 2, Cited by 1]

Karnataka High Court

Sri S T Rangaiah vs The State Of Karnataka on 27 September, 2012

Author: Subhash B.Adi

Bench: Subhash B Adi

                       WP Nos.39115-19/12 & 39446-61/12

                             1

    IN THE HIGH COURT OF KARNATAKA AT BANGALORE

       DATED THIS THE 27th DAY OF SEPTEMBER 2012

                          BEFORE

           THE HON'BLE MR.JUSTICE SUBHASH B ADI

       WRIT PETITION NOS.39115 TO 39119 OF 2012
        & WP NOS.39446 TO 39461 OF 2012 (S-R)

BETWEEN:

1. SRI S T RANGAIAH
   S/O THOPAIAH,
   AGED ABOUT 65 YEARS,
   RETIRED ON 1-1-2004 AS OFFICE ASSISTANT,
   KSIC UNIT, GOVERNMENT SILK FILATURE,
   KANAKAPURA,
   R/A # 230, BDA 1ST MAIN,
   OPP. TO BHAGAVAN BUDDHA LAW HOSTEL,
   KOTTIGEPALYA, BANGALORE-91

2. SRI ANNAIAH SWAMY
   S/O SINGAIAH SWAMY,
   AGED ABOUT 60 YEARS,
   VOLUNTARILY RETIRED ON 1-1-2004 AS
   OFFICE ASSISTANT,
   KSIC UNIT, SILK FILATURE, KANAKAPURA,
   R/A MATHRU KRUPA,
   B.M.TEMPLE STREET,
   MEGHALA BEDI, KANAKAPURA,
   RAMANAGARA DISTRICT.

3. SRI HABEEB UR RAHAMAN
   S/O MISBAH UR RAHAMAN,
   AGED ABOUT 60 YEARS,
   RETIRED IN 2004 AS SENIOR OFFICE ASSISTANT,
   KSIC UNIT, SILK FILATURE, KANAKAPURA,
   R/A NO.155, 3RD CROSS, 3RD MAIN,
   MINAJ NAGAR, J.P.NAGAR POST,
   BANGALORE.
                        WP Nos.39115-19/12 & 39446-61/12

                             2

4. SRI M NARAYANAPPA
   S/O VENKATAPPA,
   AGED ABOUT 61 YEARS,
   RETIRED ON 20-10-2003
   AS COCOON MARKET ASSISTANT,
   KSIC UNIT, SILK FILATURE, KANAKAPURA,
   R/A NO.156, 2ND PHASE,
   POORNA PALACE,
   11TH MAIN, 2ND PHASE,
   MAHALAKSHMIPURAM,
   BANGALORE-86.

5. SRI K R VENKATESHA MURTHY,
   S/O RANGAPPA,
   AGED ABOUT 62 YEARS,
   RETIRED IN 2004 AS SENIOR OFFICE ASSISTANT
   KSIC UNIT, SILK FILATURE, KANAKAPURA,
   R/A NO.78, 6TH CROSS, K.H.B. COLONY,
   KANAKAPURA,
   RAMANAGAR DISTRICT.

6. SRI RA SRINIVASA MURTHY
   S/O RAMAIAH,
   AGED ABOUT 61 YEARS,
   RETIRED IN 2004 AS COCOON STORE KEEPER
   KSIC UNIT, SILK FILATURE, KANAKAPURA,
   R/A OPP. GUDDE ANJANEYASWAMY TEMPLE,
   KALLAHALLI, KANAKAPURA,
   RAMANAGARA DISTRCT.

7. SRI M NARAYANASHETTY
   S/O LATE DASASHETTY,
   AGED ABOUT 65 YEARS,
   RETIRED IN 2003 AS SIZE TAKER,
   KSIC UNIT SILK FILATURE, KANAKAPURA,
   R/A NO.KITTURURANI CHENNAMMA ROAD,
   FORT, KANAKAPURA,
   RAMANAGAR DISTRICT.

8. SRI MOHAN RAJU
   S/O K.Y.T.SRINVASAIAH,
   AGED ABOUT 60 YEARS,
   RETIRED IN 2003 AS SIZE TAKER,
   KSIC UNIT, SILK FILATURE, KANAKAPURA,
                         WP Nos.39115-19/12 & 39446-61/12

                              3

   R/A NO.111, THOTTIMANE RAMAIAH STREET,
   FORT, KANAKAPURA,
   DIST:RAMANAGAR.

9. SRI DASAPPA
   S/O LATE KALLAIAH,
   AGED 58 YEARS,
   VOLUNTARILY RETIRED IN 2003 AS
   MISCELLANEOUS WORKER, TOKEN NO.591,
   KSIC UNIT, SILK FILATURE, KANAKAPURA,
   R/A NO.2, EWS, 8TH CROSS,
   KANAKAPURA,
   DIST:RAMANAGARA.

10. SMT JAYAMMA
    W/O SRI DASAPPA,
    AGED ABOUT 54 YEARS,
    VOLUNTARILY RETIRED IN 2003 AS
    MISCELLANEOUS WORKER,
    KSIC UNIT, SILK FILATURE, KANAKAPURA,
    R/A NO.OPP.2, EWS, 8TH CROSS,
    K.H.B. COLONY, KANAKAPURA,
    RAMANAGARA DISTRICT.

11. SRI G GIRIDHARA
    S/O LATE G.GIRIYAIAH,
    AGED ABOUT 61 YEARS,
    RETIRED ON 1-1-2004 BASIN SUPERVISOR,
    R/A NO.6, MIG, KHB COLONY, KANAKAPURA,
    RAMANAGARA DISTRICT.

12. SRI UNNATH PASHA
    S/O AMEER,
    AGED ABOUT 56 YEARS,
    RETIRED 1-1-2004 AS ELECTRICIAN,
    KSIC UNIT, SILK FILATURE,
    KANAKAPURA,
    R/A NO.5, H.M.DODDI,
    OPP.SLN ROAD,
    VENKATAPURA, KANAKAPURA,
    DISTRICT:RAMANAGAR.

13. SMT V SHARADA
    D/O VENKATA RAJU,
                         WP Nos.39115-19/12 & 39446-61/12

                              4

   AGED ABOUT 52 YEARS,
   RETIRED AS LADY SILK EXAMINER,
   KSIC UNIT, SILK FILATURE, KANAKAPURA,
   R/A MEGALA BEEDI, SHIVALINGASETTY ROAD,
   KANAKAPURA,
   DISTRICT:RAMANAGAR.

14. SRI M SREENIVASA
    S/O MUDDAIAH,
    AGED ABOUT 76 YEARS,
    RETIRED IN 2003 AS SUPERVISOR,
    KSIC UNIT, SILK FILATURE, KANAKAPURA,
    R/AT KODIHALLI ROAD, KANAKAPURA
    DISTRICT:RAMANAGAR.

15. SMT S NAGALAKSHMI
    W/O BALARAJU,
    AGED ABOUT 62 YEARS,
    RETIRED IN 2003 AS JUNIOR OFFICE ASSISTANT,
    KSIC UNIT, SILK FILATURE, KANAKAPURA.
    R/A NO.594, J.C.EXTENSION, KANAKAPURA,
    DIST:RAMANAGARA.

16. SMT GOWRAMMA
    D/O RAMAIAH,
    AGED ABOUT 61 YEARS,
    VOLUNTARILY RETIRED IN 2004 AS
    MISCELLANEOUS WORKER, TOKEN NO.173,
    KSIC UNIT, SILK FILATURE, KANAKAPURA,
    R/A OPP. TO RESIDENCE OF
    L.PUTTAMADAIAH, ADVOCATE, KANAKAPURA,
    RAMANAGARA DISTRICT.

17. SMT B LEELAVATHI
    W/O LATE SHANTAKUMARAIAH,
    AGED ABOUT 63 YEARS,
    RETIRED IN 2003 AS OFFICE ASSISTANT,
    KSIC UNIT, SILK FILATURE, KANAKAPURA,
    R/AT SIDDALINGA NILAYA, BRINDAVANANAGAR,
    KANAKAPURA
    RAMANAGAR DISTRICT.

18. SMT NO. LALITHAMMA
    W/O LATE K VEEREGOWDA,
                          WP Nos.39115-19/12 & 39446-61/12

                                 5

   AGED ABOUT 73 YEARS,
   RETIRED IN 1997 AS LADY SILK EXAMINER,
   KSIC UNIT, SILK FILATURE, KANAKAPURA,
   R/A PADMAKSHINILAYA, 1ST CROSS,
   OPP. OLD SST SCHOOL, KUVEMPUNAGAR,
   KANAKAPURA,
   RAMANAGAR DISTRICT.

19. SRI G V SAVANDAIAH
    S/O LATE VEREGOWDA,
    AGED 62 YEARS,
    RETIRED IN 2004 AS OFFICE ASSISTANT,
    KSIC UNIT, SILK FILATURE, KANAKAPURA,
    R/A NO.31, NARAYAGOWDA STREET,
    BASAVESHWARANAGAR, KANAKAPURA,
    RAMANAGARA DISTRICT.

20. SRI V RAMACHANDRA
    S/O VENKATASWAMAIAH,
    AGED ABOUT 65 YEARS,
    RETIRED IN 2004 AS OFFICE ASSISTANT,
    KSIC UNIT, SILK FILATURE, KANAKAPURA,
    R/A NO.48, S.L.N. ROAD,
    KANAKAPURA,
    RAMANAGAR DISTRICT.

21. SMT. K N SUMANGALA
    D/O K.M. NANJAPPA,
    AGED ABOUT 57 YEARS,
    RETIRED IN 2003 AS OFFICE ASSISTANT,
    KSIC UNIT, SILK FILATURE, KANAKAPURA,
    R/AT NO.321/25,
    24TH CROSS, 6TH BLOCK, JAYANAGAR,
    BANGALORE                               ...PETITIONERS

(BY SRI. R A SHIRAGUPPI, ADV.)

AND:

1. THE STATE OF KARNATAKA
   REP BY ITS PRINCIPAL SECRETARY,
   DEPARTMENT OF HORTICULTURE (SERICULTURE)
   M.S.BUILDING, BANGALORE-01
                         WP Nos.39115-19/12 & 39446-61/12

                              6

2. THE STATE OF KARNATAKA
   REP BY ITS PRINCIPAL SECRETARY,
   DEPARTMENT OF COMMERCE AND INDUSTRIES,
   M.S.BUILDING, BANGALORE-01

3. THE STATE OF KARNATAKA
   REP BY ITS PRINCIPAL SECRETARY,
   FINANCE DEPARTMENT,
   VIDHANASOUDHA,
   BANGALORE-01

4. THE MANAGING DIRECTOR
   KARNATAKA SILK INDUSTRIES CORPORATION,
   (GOVERNMENT OF KARNATAKA ENTERPRISE)
   UTILITY BUILDING, M.G.ROAD,
   BANGALORE - 01

5. THE ACCOUNTANT GENERAL IN KARNATAKA
   REP BY HIS ACCONTS OFFICER,
   PARK HOUSE,
   BANGALORE - 01                      ...RESPONDENTS

(SRI.RAGHAVENDRA G.GAYATRI, HCGP FOR R1 TO R3)
                              ---

      These writ petitions are filed under Articles 226 and 227
of the Constitution of India praying to issue a writ in the
nature of mandamus directing the respondents to apply the
ratio of granting pension in accordance with Rule 2A of
KCSRs in terms of direction given by KAT in A.Nos. 6723 to
6727 of 2004 and etc.

      These Petitions coming on for Preliminary Hearing this
day, the Court made the following:-

                          ORDER

Learned Government Pleader is directed to take notice for respondent Nos.1 to 3.

WP Nos.39115-19/12 & 39446-61/12 7

2. The petitioners have sought for a direction, directing the respondents to apply the ratio of granting pension in accordance with Rule 2A of the Karnataka Civil Services Rules in terms of the direction issued by the Karnataka Administrative Tribunal in Application Nos.6723 to 6727/2004 and confirmed by the Division Bench of this Court in WP No.21581/2009 and connected matters.

3. Learned counsel for the petitioners submits that the relief sought for by these petitioners is also covered by the decision of this Court in WP Nos.36021 to 36114/2012 decided on 12.9.2012.

4. Learned Government Pleader submits that a direction may be issued to consider in accordance with law.

5. If the similarly placed other petitioners have been extended the relief in WP Nos.36021 to 36114/2012 and if the grievance of the petitioners is also on par with such petitioners, the respondents are directed to consider the case of the petitioners on par with the similarly placed WP Nos.39115-19/12 & 39446-61/12 8 petitioners in WP Nos.36021 to 36114/2012 in terms of the order passed therein, as early as possible not later than three months from the date of receipt of copy of this order.

Accordingly, petitions are disposed of.

6. In view of the disposal of the petitions, IA No.1/2012 does not survive for consideration and is accordingly, disposed of.

7. Learned Government Pleader appearing for the respondent Nos.1 to 3 is permitted to file memo of appearance within two weeks.

Sd/-

JUDGE RV