Karnataka High Court PDF 2021

-1- NC: 2024:KHC:35239-DB WP No. 2363 of 2021 C/W WP No. 13223 of 2020...

-1- NC: 2024:KHC:35239-DB WP No. 2363 of 2021 C/W WP No. 13223 of 2020 WP No. 2051 of 2021 AND 4 OTHERS IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF AUGUST, 2024 PRESENT THE HON'BLE MR JUSTICE V KAMESWAR RAO AND THE HON'BLE MR JUSTICE RAJESH RAI K WRIT PETITION NO.2363 OF 2021 (S-CAT) C/W WRIT PETITION NO.13223 OF 2020 (S-CAT) WRIT PETITION NO.2051 OF 2021 (S-CAT) WRIT PETITION NO.3313 OF 2021 (S-CAT) WRIT PETITION NO.3314 OF 2021 (S-CAT) WRIT PETITION NO.3316 OF 2021 (S-CAT) WRIT PETITION NO.3317 OF 2021 (S-CAT) IN W.P.NO.2363 OF 2021 BETWEEN: 1. UNION OF INDIA REPRESENTED BY SECRETARY TO GOVT. Digitally MINISTRY OF HEALTH AND FAMILY WELFARE signed by K G NIRMAN BHAVAN RENUKAMBA NEW DLEHI - 110 011. Location: High Court of 2. THE DIRECTOR Karnataka ALL INDIA INSTITUTE OF SPEECH AND HEARING NAINISHAM CAMPUS MANASAGANGOTHRI MYSORE - 570 006. …PETITIONERS (BY SRI. D BASAVARAJA, CGC) AND:  -2- NC: 2024:KHC:35239-DB WP No. 2363 of 2021 C/W WP No. 13223 of 2020 WP No. 2051 of 2021 AND 4 OTHERS SHRI PADAM BAHADUR S/O MAHABIR SINGH AGED ABOUT 68 YEARS SECUTIRY GUARD WATCHMAN (RETD) ALL INDIA INSTITUTE OF SPEECH & HEARING RESIDING AT NO.1495, EWS, 5TH MAIN 9TH CROSS, SRIRAMPURA 1ST STAGE MYSORE - 570 026. …RESPONDENT (BY SRI. SAMPANGI RAMAIAH, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OR ORDER BY WAY OF CERTIORARI QUASHING THE ORDER DATED 13.02.2020 PASSED IN O.A.NO.170/0064/2020 BY HON’BLE CAT BENGALURU BENCH ANNEXURE-A AND DECLARE THE SAME TO BE ILLEGAL, ONE SIDED, ARBITRARY AND CONTRARY TO THE LEGAL PRINCIPLES/OBJECTIVES LAID DOWN IN CENTRAL PAY RULES 2008, ETC. IN W.P.NO.13223 OF 2020 BETWEEN: 1. THE UNION OF INDIA REP. BY ITS DIRECTOR GENERAL OF POSTS DEPARTMENT OF POSTS DAK BHAVAN NEW DELHI - 110 001. 2. THE CHIEF POST MASTER GENERAL KARNATAKA CIRCLE BENGALURU - 560 001. 3. THE POSTMASTER GENERAL S.K.REGION BENGALURU - 560 001. 4. THE SUPERINTENDENT POSTAL STORES DEPOT  -3- NC: 2024:KHC:35239-DB WP No. 2363 of 2021 C/W WP No. 13223 of 2020 WP No. 2051 of 2021 AND 4 OTHERS ARSIKERE HASSAN - 573 103. …PETITIONERS (BY SRI. B PRAMOD, CGC) AND: SRI. H S ANAND S/O H.S.SIDDALINGAPPA AGED ABOUT 63 YEARS RETD. MANAGER POSTAL STORES DEPOT, ARASIKERE NOW RESIDING AT NO.401/3 RUDUTA NILAYA, P & T COLONY 2ND STAGE, LAXMIPURAM HASSAN - 573 202. …RESPONDENT (BY SRI. B.VENKATESHAN, ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THE ORDER DATED 13.11.2019 ANNEXURE-A PASSED BY THE CENTRAL ADMINISTRATIVE TRIBUNAL, BENGALURU BENCH, BENGALURU BENCH IN O.A.NO.170/00446/2019 AS ILLEGAL, ARBITRARY AND CONTRARY TO THE CCS (REVISED PAY RULES), 2016 AND SET ASIDE, ETC. IN W.P. NO.2051 OF 2021 BETWEEN: 1. THE UNION OF INDIA REP. BY ITS DIRECTOR GENERAL OF POSTS DEPARTMENT OF POSTS DAK BHAVAN, NEW DELHI - 110 001. 2. CHIEF POST MASTER GENERAL KARNATAKA CIRCLE BENGALURU - 560 001.  -4- NC: 2024:KHC:35239-DB WP No. 2363 of 2021 C/W WP No. 13223 of 2020 WP No. 2051 of 2021 AND 4 OTHERS 3. SENIOR SUPERINTENDENT OF POST OFFICES BENGALURU WEST DIVISION BENGALURU - 560 086. …PETITIONERS (BY SRI. B PRAMOD, CGC) AND: C. RAMAKRISHNA REDDY AGED ABOUT 70 YEARS RETIRED AS SUB POST MASTER VIJAYANAGAR P.O, BENGALURU - 560 040. RESIDINNG AT NO.961, 2ND CROSS 3RD MAIN, M.C.E.C.H’S LAYOUT DR. SHIVARAM KARANTH NAGAR 2ND STAGE, BENGALURU - 560 040. …RESPONDENT (RESPONDENT IS SERVED) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THE ORDER DATED 13.11.2019 (ANNEXURE-A) PASSED BY THE CENTRAL ADMINISTRATIVE TRIBUNAL, BENGALURU BENCH, BENGALURU IN OA NO.170/00059/2019 AS ILLEGAL, ARBITRARY AND CONTRARY TO CCS (REVISED PAY RULES), 2008 AND SET ASIDE, ETC. IN W.P. NO. 3313 OF 2021 BETWEEN: 1. UNION OF INDIA REPRESENTED BY SECRETARY RAILWAY BOARD RAIL BHAVAN NEW DELHI - 110 001. 2. GENERAL MANAGER SOUTH WESTERN RAILWAY  -5- NC: 2024:KHC:35239-DB WP No. 2363 of 2021 C/W WP No. 13223 of 2020 WP No. 2051 of 2021 AND 4 OTHERS HUBBALLI - 580 020. …PETITIONERS (BY SRI. B. PRAMOD, CGC) AND: K SUBRAMANIAN SON OF C KANNIYAPPAN AGED ABOUT 62 YEARS RETIRED HELPER (ENGINEERING) RESIDING AT NO.5/1, 1ST BLOCK 1ST CROSS, RAMAIAH NILAYAM YESHWANTHPUR BENGALURU - 560 022. …RESPONDENT THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI AND QUASH ORDER DATED 22.01.2020 PASSED IN OA NO.306/2019 PASSED BY THE CENTRAL ADMINISTRATIVE TRIBUNAL, BENGALURU (ANNEXURE-C) AND CONSEQUENTLY DISMISS THE APPLICATION IN ITS ENTIRETY, IN THE INTEREST OF JUSTICE AND EQUITY. IN W.P. NO.3314 OF 2021 BETWEEN: 1. UNION OF INDIA REPRESENTED BY SECRETARY RAILWAY BOARD RAIL BHAVAN NEW DELHI - 110 001. 2. GENERAL MANAGER SOUTH WESTERN RAILWAY HUBBALLI - 580 020. …PETITIONERS (BY SRI. ABHINAY Y T, CGC)  -6- NC: 2024:KHC:35239-DB WP No. 2363 of 2021 C/W WP No. 13223 of 2020 WP No. 2051 of 2021 AND 4 OTHERS AND: R SUBRAMANI SON OF RAJAGOPAL AGED ABOUT 62 YEARS RETIRED HELPER (ENGINEERING) RESIDING AT NO.70/2, SRIDEVI NILAYAM 4TH CROSS, 1ST STAGE, OKALIPURAM, BENGALURU - 560 023. …RESPONDENT (BY SRI. K.SHIVAKUMAR, ADVOCATE) THIS W.P IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI AND QUASH ORDER DATED 22.01.2020 PASSED IN OA NO.321/2019 PASSED BY THE CENTRAL ADMINISTRATIVE TRIBUNAL, BENGALURU (ANNEXURE-C) AND CONSEQUENTLY DISMISS THE APPLICATION IN ITS ENTIRETY, IN THE INTEREST OF JUSTICE AND EQUITY. IN W.P. NO.3316 OF 2021 BETWEEN: 1. UNION OF INDIA REPRESENTED BY SECRETARY RAILWAY BOARD, RAIL BHAVAN NEW DELHI - 110 001. 2. GENERAL MANAGER SOUTH WESTERN RAILWAY HUBBALLI - 580 020. …PETITIONERS (BY SRI. B PRAMOD, CGC) AND: A ANTHONYDASS SON OF B ANANTHRAJ  -7- NC: 2024:KHC:35239-DB WP No. 2363 of 2021 C/W WP No. 13223 of 2020 WP No. 2051 of 2021 AND 4 OTHERS AGED ABOUT 62 YEARS RETIRED SENIOR TECHNICIAN (ENGINEERING) RESIDING AT NO.180, KEASARA 8TH CROSS, RS NAIDU NAGARA, 3RD STAGE MYSURU - 570 001. …RESPONDENT (BY SRI. K.SHIVAKUMAR, ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI AND QUASH ORDER DATED 22.01.2020 PASSED IN OA NO.320/2019 PASSED BY THE CENTRAL ADMINISTRATIVE TRIBUNAL BENGALURU (ANNEXURE-C) AND CONSEQUENTLY DISMISS THE APPLICATION IN ITS ENTIRETY, IN THE INTEREST OF JUSTICE AND EQUITY. IN W.P. NO. 3317 OF 2021 BETWEEN: 1. UNION OF INDIA REPRESENTED BY SECRETARY RAILWAY BOARD RAIL BHAVAN NEW DELHI - 110 001. 2. GENERAL MANAGER SOUTH WESTERN RAILWAY HUBBALLI - 580 020. …PETITIONERS (BY SRI. ABHINAY Y T, CGC) AND: K JAYAPUTHIRAN SON OF KANDASWAMY AGED ABOUT 62 YEARS RETIRED TECHNICIAN (ENGINEERING) RESIDING AT NO.64/A-1 MARUTHI MANDAPAM BACK  -8- NC: 2024:KHC:35239-DB WP No. 2363 of 2021 C/W WP No. 13223 of 2020 WP No. 2051 of 2021 AND 4 OTHERS 2ND STREET, VAKKANAMPATTI TIRUPATHUR - 635 601. …RESPONDENT (RESPONDENT IS SERVED) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ORDER DATED 22.01.2020 PASSED IN OA NO.322 OF 2019 PASSED BY THE CENTRAL ADMINISTRATIVE TRIBUNAL, BENGALURU (ANNEXURE-C) AND CONSEQUENTIALLY DISMISS THE APPLICATION IN ITS ENTIRETY, IN THE INTEREST OF JUSTICE AND EQUITY. THESE PETITIONS COMING ON FOR HEARING, THIS DAY ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE V KAMESWAR RAO AND HON'BLE MR JUSTICE RAJESH RAI K ORAL ORDER (PER: HON'BLE MR JUSTICE V KAMESWAR RAO) Learned counsel appearing for the petitioners in all the writ petitions fairly states that the issue which arises for consideration in these petitions is covered by the decision of the Supreme Court in the case of The Director (Admn. And HR) KPTCL and Others -Vs.- C.P.Mundinamani and Others [(2023) SCC Online SC 401] in favour of the respective respondents herein. He  -9- NC: 2024:KHC:35239-DB WP No. 2363 of 2021 C/W WP No. 13223 of 2020 WP No. 2051 of 2021 AND 4 OTHERS also states that the benefits in terms of the order of the Supreme Court shall be given to the respondents. 2. The statement is taken on record. 3. The petitions are disposed of. Sd/- (V KAMESWAR RAO) JUDGE Sd/- (RAJESH RAI K) JUDGE PA List No.: 1 Sl No.: 15