Writ Petition No. 28499 of 2024 · The High Court
Case Details
- 1 - NC: 2025:KHC:4608 WP No. 28499 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO.28499 OF 2024 (S-RES) BETWEEN: SRI. PRAVEEN KUMAR C.N., S/O LATE NAGARAJU C.S., AGE 46 YEARS, WORKING AS FIRST DIVISION ASSISTANT, O/O THE DEPUTY CONTROLLER (FINANCE), CENTRAL OFFICE, BBMP, BENGALURU-560 001, R/AT NO. 43/3, 20TH CROSS, V.S. GARDEN, NEW I.P.D. SALAPPA LAYOUT, BENGALURU-560 023 Digitally signed by KAVYA R Location: High Court of Karnataka ADDRESS FOR SERVICE, SHANTHARAJU AND SHIVARUDRAPPA N B ADVOCATES, NO.570 SYNDICATE BANK LAYOUT, ANDRAHALLY MAIN ROAD, HEROHALLY, BENGALURU-560 091. MOBILE 9448748995 E-mail id [email protected] (BY SRI. SHANTHARAJU, ADVOCATE) …PETITIONER - 2 - NC: 2025:KHC:4608 WP No. 28499 of 2024 AND: 1. PRINCIPAL SECRETARY TO GOVT., URBAN DEVELOPMENT DEPARTMENT, VIKASA SOUDHA, DR. B.R. AMBEDKAR VEEDHI, BENGALURU-560 001. 2. THE COMMISSIONER, BRUHAT BENGALURU NAGARA PALIKE, CENTRAL OFFICE, BENGALURU-560 010. 3. THE DEPUTY CONTROLLER OF FINANCE, BRUHAT BENGALURU NAGARA PALIKE CENTRAL OFFICE, BENGALURU-560 001. …RESPONDENTS
Legal Reasoning
(BY SRI. H.N. PRAHAL SIDDU, ADVOCATE FOR SRI. B.L. SANJEEV, ADVOCATE FOR R2 AND R3; SRI. V. SHIVAREDDY, AGA FOR R1) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER NO. BI 12(1) PR/738/2015-16/2022-23 DATED 19.01.2024 PASSED BY THE R-2 VIDE ANNEXURE-H AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.G.PANDIT - 3 - NC: 2025:KHC:4608 WP No. 28499 of 2024 ORAL ORDER The petitioner, a First Division Assistant (FDA) working in the 2nd respondent-BBMP, is before this Court under Article 226 of the Constitution of India, questioning Annexure-H bearing No.B12(1)PR/738/2015-16/2022-23 dated 19.01.2024 and Annexure-J bearing No.ªÀÄįÉC/¦Dgï/288/24-25 dated 02.07.2024, whereunder the petitioner is granted increments from the date of he passing the Departmental Examination and his pay is re-fixed. Further, the petitioner has prayed for writ of mandamus to consider his representation at Annexure-K dated 30.08.2024 and pass appropriate orders in terms of Rule 51-A of the Karnataka Civil Services Rules (for short 'KCSR'). 2. Heard Sri. Shantharaju, learned counsel for the petitioner and Sri. V.Shivareddy, learned Additional Government Advocate for respondent No.1 as well as Sri. H.N.Prahal Siddu, learned counsel for Sri. B.L.Sanjeev, learned counsel for respondent Nos.2 and 3. Perused the writ petition papers. 3. Learned counsel for the petitioner would submit that the petitioner was appointed as FDA in the 2nd respondent- - 4 - NC: 2025:KHC:4608 WP No. 28499 of 2024 BBMP and his probation was declared under Office Order dated 27.04.2022 and Corrigendum Order dated 19.01.2024 (Annexures-G and H). In the meanwhile, the petitioner had passed the prescribed Departmental Examination on 29.10.2015. Learned counsel would further submit that the petitioner would be entitled for grant of Annual Increment on passing the Departmental Examination from the date of his appointment but under impugned Order, respondents granted increment only from the date of passing the Departmental Examination. Learned counsel for the petitioner referring to Rule 51-A of KCSR submits that the petitioner would be entitled for increment from the date he joined service on passing the Departmental Examination but he would not be entitled for any arrears on such grant of increment. Thus, he prays for direction to the respondents to grant increment in terms of Rule 51-A of KCSR. 4. Per contra, learned counsel for respondent Nos.2 and 3 referring to the statement of objections would submit that respondent Nos.2 and 3 granted increment to the petitioner from the year 2015 i.e., the date on which the - 5 - NC: 2025:KHC:4608 WP No. 28499 of 2024 petitioner completed prescribed Departmental Examination.
Decision
Thus, he prays for dismissal of the writ petition. 5. Having heard the learned counsel for the parties and on perusal of the entire writ petition papers, impugned orders under challenge needs interference to the extent of failure on the part of respondent Nos.2 and 3 to grant increment in terms of Rule 51-A of KCSR. 6. It is not in dispute that the petitioner is working as FDA from 26.05.2010 the date of his appointment in the 2nd respondent-BBMP. Admittedly, he completed his prescribed Departmental Examination on 29.10.2015 and the probation was declared under Office Order dated 27.04.2022 and Corrigendum Order dated 19.01.2024 (Annexures-G and H). Thereafter, under Office Order dated 02.07.2024 (Annexure-J), the petitioner was granted increment from 29.10.2015, the date of passing the prescribed Departmental Examination. 7. Rule 51-A of KCSR reads as follows: "Rule 51-A. (1) Notwithstanding anything contained in Rule 51, where under the conditions of his service a Government servant has to pass any service examination or test before earning an increment he - 6 - NC: 2025:KHC:4608 WP No. 28499 of 2024 shall not earn the increment until he passes such examination or test. (2) Where in pursuance of sub-rule (1), the date of earning the increment in respect of any Government servant is deferred beyond the normal period or period prescribed for earning the subsequent increments, the pay of such Government servant shall, on his passing the examination or test concerned be fixed at the stage at which he would have drawn it, if the earning of the increment had not been deferred. Explanation. - The provisions of sub-rule (2) will not entitle the Government servant to payment of any amount other than that drawn by him before earning the increment for the period during which he did not earn the increment. He will only be entitled to the fixation of his pay in the time-scale at the stage at which he would have drawn the pay, if the earning of the increment had not been deferred." 8. The above Rule makes it abundantly clear that on passing prescribed Departmental Examination or test, such person would be entitled for fixation of pay at the stage at which he would have drawn the pay, if the earning of the increment had not been deferred. Explanation to the above Rule also makes it clear that such person would be entitled for - 7 - NC: 2025:KHC:4608 WP No. 28499 of 2024 fixation of pay and would not be entitled for any arrears. Hence, the following: ORDER (a) Annexure-H bearing No.B12(1)PR/738/2015- 16/2022-23 dated 19.01.2024 and Annexure-J No.ªÀÄįÉC/¦Dgï/288/24-25 bearing dated 02.07.2024 are quashed only insofar as failure on the part of respondent Nos.2 and 3 to grant increment in terms of Rule 51-A of KCSR. (b) A mandamus is issued to respondent Nos.2 and 3 to consider representation of the petitioner at Annexure-K dated 30.08.2024 and grant increment from the date he joined the duty on completion of prescribed Departmental Examination, however petitioner would not be entitled for any arrears. (c) Time for compliance: Two months from today. Sd/- (S.G.PANDIT) JUDGE SMJ List No.: 1 Sl No.: 13