Writ Petition No. 20993 of 2024 · The High Court
Case Details
- 1 - NC: 2025:KHC:13674-DB WP No. 20993 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL, 2025 PRESENT THE HON'BLE MR JUSTICE V KAMESWAR RAO AND THE HON'BLE MR JUSTICE T.M.NADAF WRIT PETITION NO.20993 OF 2024 (S-CAT) BETWEEN: 1. THE UNION OF INDIA REPRESENTED BY THE SECRETARY MINISTRY OF CULTURE NO.501, C WING SHASTRI BHAWAN NEW DELHI - 110 001 2. THE DIRECTOR ANTHROPOLOGICAL SURVEY OF INDIA INDIAN MUSEUM, 27, JAWAHAR LAL NEHRU ROAD KOLKATA 70016 3. THE DEPUTY DIRECTOR AND HEAD OF OFFICE ANTHROPOLOGIAL SURVEY OF INDIA SOUTHERN REGIONAL CENTRE MANAV BHAVAN BOGADI 2ND STAGE NORTH MYSORE - 570 026
Legal Reasoning
(BY SRI. ARAVIND KAMATH, ASG FOR SRI. JAYAKARA SHETTY H, ADVOCATE) …PETITIONERS Digitally signed by MADHUSHREE H Location: High Court of Karnataka - 2 - NC: 2025:KHC:13674-DB WP No. 20993 of 2024 AND: B V RAVIPRASAD AGED ABOUT 64 YEARS S/O LATE B V KAMESHWARA RAO RETIRED ASSISTANT ANTHROPOLOGIST OFFICE OF ANTHROPOLOGICAL SURVEY OF INDIA BOGADI, MYSORE RESIDING AT NO.4 AND 5 KOUSHIKA OPP: DEEPANAGAR PRIMARY SCHOOL SIDE GATE, BOGADI MYSORE - 570 026 (BY SRI. SREEDHARA P, ADVOCATE) …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE AN ORDER, DIRECTION, OR WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE ORDER, DIRECTION OR WRIT QUASHING THE ORDER DATED IN IN O.A.NO.170/00086/2020 AND M.A.NO.170/00210/2023 ALSO THE CORRECTION ORDER ANNEXURE-B DATED 11.08.2023 CENTRAL ADMINISTRATIVE TRIBUNAL, BENGALURU AND DISMISS THE O.A.NO.170/00086/2020 FILED BY THE RESPONDENT, IN THE INTEREST OF JUSTICE. 18.07.2023 MADE ANNEXURE-A HON’BLE PASSED THE BY THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE V KAMESWAR RAO and HON'BLE MR JUSTICE T.M.NADAF - 3 - NC: 2025:KHC:13674-DB WP No. 20993 of 2024 ORAL ORDER (PER: HON'BLE MR JUSTICE V KAMESWAR RAO) This petition has been filed challenging the order of Central Administrative Tribunal, Bangalore Bench dated 18.07.2023 in Misc. Application No.170/00210/2023 and O.A.No.170/00086/2020 whereby, the Tribunal has
Decision
disposed of the petition by stating as under:- "ORDERS ON MA NO.210/2023 OA No.86/2020 was filed by the applicant challenging the action of the 2nd Respondent in rejecting the prayer of the applicant for granting the annual increment notionally as he retired from service on superannuation on 30.06.2019 and the increment date is on 01.07.2019. Observing that the issue involved herein being considered by the Hon'ble Supreme Court in SLP (C) No.4722/2021 in the case of Union of India vs. M.Siddaraj, the OA was closed with liberty to either of the parties to get the same revived after disposal of the said SLP by the Hon'ble Apex Court. 2. Hon'ble Apex Court has disposed of the said matter in M.Siddaraj supra, vide order dated 19.05.2023 observing that the issue raised in the - 4 - NC: 2025:KHC:13674-DB WP No. 20993 of 2024 said appeal is squarely covered by the judgment rendered in C.A.No.2471/2023 decided on 11.04.2023 in the case of The Director (Admn. and HR) KPTCL & Ors. vs. C.P.Mundinamani & Ors. - 2023 Online SCC 401. The issue being the same, the said appeals are disposed of in terms of the judgment in C.P.Mundinamani and others, supra. 3. In C.P.Mundinamani and others supra, the Hon'ble Apex court disposed of the Civil Appeal holding that the appellants therein are entitled for grant of one increment which the original Writ petitioners earned on the last day of their service for rendering their services preceding one year from the date of retirement with good behavior and efficiency, completely agreeing with the view taken by the Hon'ble Madras High Court in the case of P.Ayyamperumal vs. The Registrar and others (W.P.No.15732/2017 decided on 15.09.2017). 4. In view of the aforesaid, the applicant herein has preferred MA No.210/2023 seeking for revival of OA No.86/2020 and to allow the OA as prayed for. 5. Thus, in view of the order passed by the Hon'ble Apex court in C.P.Mundinamani and - 5 - NC: 2025:KHC:13674-DB WP No. 20993 of 2024 others, supra, this MA is allowed and the OA is restored to file. ORDERS ON OA NO.86/2020 Learned Counsel appearing for both sides submit ad idem that the issue involved herein is squarely covered by the judgment passed by the Hon'ble Apex Court in C.P.Mundinamani and others, supra. The issue being the same, the present OA stands disposed of in terms of aforesaid judgment. No order as to costs.” 2. From the above, it is clear that the respondent herein has got the benefit of the judgment of the Hon'ble Supreme Court in the case of The Director (Admn. and HR) KPTCL and Ors. vs. C.P.Mundinamani and others1. 3. The submission of Mr.Aravind Kamath, learned ASG is that in a Civil Appeal being No.3933/2023, on the miscellaneous applications filed by the Union of India and another, orders have been passed by the Hon’ble Supreme Court. He has drawn our attention to order dated 1 2023 Online SCC 401 - 6 - NC: 2025:KHC:13674-DB WP No. 20993 of 2024 20.02.2025 whereby, the petitions/applications have been disposed of. The said order of the Hon’ble Supreme Court refers to an interim order dated 06.09.2024 passed by the Hon’ble Supreme Court, which reads as under:- "(a) The judgment dated 11.04.2023 will be given effect to in case of third parties from the date of the judgment, that is, the pension by taking into account one increment will be payable on and after 01.05.2023. Enhanced pension for the period prior to 31.04.2023 will not be paid. (b) For persons who have filed writ petitions and succeeded, the directions given in the said judgment will operate as res judicata, and accordingly, an enhanced pension by taking one increment would have to be paid. (c) The direction in (b) will not apply, where the judgment has not attained finality, and cases where an appeal has been preferred, or if filed, is entertained by the appellate court. (d) In case any retired employee has filed any application for intervention/impleadment in Civil Appeal No.3933/2023 or any other writ petition and a beneficial order has been passed, the enhanced pension by including one increment will be payable - 7 - NC: 2025:KHC:13674-DB WP No. 20993 of 2024 from the month in which the application for intervention/impleadment was filed." 4. Mr.Aravind Kamath, learned ASG submits that the directions at clauses (a), (b), (c) have been treated as final directions. But insofar as clause (d) is concerned, the same has been modified by the Hon’ble Supreme Court to read as under:- "(d) In case any retired employee filed an application for intervention/impleadment/writ petition/original application before the Central Administrative Tribunal/High Courts/this Court, the enhanced pension by including one increment will be payable for the period of three years prior to the month in which the application for intervention/ impleadment/ writ petition/original application was filed." 5. Submission of Mr. Kamath is, it is direction (a) which will govern the parties in this writ petition. 6. On the other hand, learned counsel for the respondent would submit it is the direction (d) which shall be applicable insofar as respondent is concerned. - 8 - NC: 2025:KHC:13674-DB WP No. 20993 of 2024 7. We agree with the submission made by the learned counsel for the respondent as the direction (a) is primarily relatable to benefits to be granted to third parties. 8. Concededly, the respondent herein had filed the O.A. before the Tribunal in the year 2020 and against the order passed by the Tribunal, the petitioner – Union of India is in appeal before this Court. Hence, in that sense, the clause '(d)' shall be applicable in the case of the respondent, wherein the Hon’ble Supreme Court has clearly held that the enhanced pension by including one increment will be payable for the period of three years prior to the month in which, the writ petition/original application was filed. The O.A. having been filed in the year 2020, the direction of enhanced pension by including one increment shall be payable to the respondent herein from 2019, having retired in the year 2019. 9. The O.A. which has been allowed in favour of the respondent shall be implemented by petitioners herein - 9 - NC: 2025:KHC:13674-DB WP No. 20993 of 2024 read with the order passed by the Hon’ble Supreme Court in the aforesaid miscellaneous applications within eight weeks from today. The writ petition is disposed of. Sd/- (V KAMESWAR RAO) JUDGE Sd/- (T.M.NADAF) JUDGE MH/- List No.: 1 Sl No.: 10