IN THE HIGH COURT OF KARNATAKA
CIRCUIT BENCH AT DHAR W541)
DATED THIS THE 19"' DAY OF EULY 2008" 44 f
BEFORE
THE HOJWBLE MRJUSTICE s. xiBD?;?L'NAZ'E}3ޤyV 7 '
:»mITpgTIrIo4NN0;25;g3m63
Between:
Sri VIG. Kurnbar,
SE0 Sri girimaiiappa Kumbar,
Aged about 66 yeaxjswg' _ _ _. I
Retired Accountant-c1i:x24C§er'k,, 4'
BanaganahailiR7ilié.ge'Pa£%chaye11i,"~.. H
Kalagi Taluk, New'rz'%:_Kaié-ia.gi;~v.VL_' e_ V
Baga1ketI)i'stré3t.A"'j; n
(By Sri Bajentri, Adv.)
And:
V' 1.' of "
A _.zx';
' . 3 Reptd, byiig Secretary,
13153;: 'iiievelepmexxt Department,
" . 'e-T'_Sac§1i$*:;ia§g3-IE'; M.S. Bidgs,
' A Bangalore 560 001.
Secretary to Government,
AA , ~' Rurai Develeprneni and
_ 'E'anchaya.th Raj Bepartrnent,
3achiva1aya-II, M.S. Bidg,
Bangalore --~ 560 061.
. . .. Petitioner.
3 The Director,
Muziicipal Administratiorn,
Government of Kamataka,
98' Floor, V.V.TOWer,
Bangalore --- 560 001. I '
4 Zilla Paxzchayath,
Bagaikot District, "
Bagalkot, L» *
Reptd. by its Chief Exeeutive
5 The President, *
Kaladgi Town Panchaya1h," vv
-Kaladgi Taluk,_'" _ -
Bagalkot
6 Deputy..Coii'1:iiés§i:";ner,-».it A'
Baga1kot,Dis{1'fict_, _ --
Bagallqot.' V " -~ e * __ ' Respondents.
(By Sri R.K. H5m5}1c£}?_ Rita R4 & R6)
num-
' «.\¥1=it'§Vetit.i'on is fiied under Articles 226 & 227 of the
Co13sii'£utio11 .o1':'..1vi1d£a,. praying to direct the respondents to settle the
* V retire1nei:'€benefit$o3'the petitioner, etc.
Wgfit. oetition coming on for Final Hearing this day, the
" 1 Coiirft made the followiag:
ORDER
Petitioner contends {hat he was appointed as an Ociroi Clerk
” Kaladgi Tow}: Panchayat, fiijapur District (now Bagaikot
“_W,,,V…._…,_,
lax
District) in the month of November, 1959. Since the levy of ectroi
was abolished in the State of Kamataka from 1.4.1979, t11e.’.§:’ai.i”f>lo$€; i
stafi’ in the local bodies like Town lvIunicipali’ties,
Municipalities and City Corporation and ‘fo¢at1’«?enohayiatl1si.j\vere7.’
temporariiy allotted to work on deputation tiritli
Govezmnent Departments, local authoiitiee,» etc. it –is the the
petitiener that he was posteéeg Secfetarjiiievtiiiflirxfaina ii?a;neite.yath,
Shivanegi in Bijepur District. he as a Clerk
in Honegariiahalh the Chief Executive
Officer, Biijeplfizt Zillei:iFaeeheyeth;__iBijapur, by the order dated
4.7.1989. fie ifi’ofi1.:.ii-éervice on 33.3.1995. Since the
” ‘petitietier. not benefit of fixatioe of pay in terms of
lithe Services (Revised Pay) Rules, 1987 and
Karhetelée ciigiiitiisegtvéces (Revised Pay) Rules, 1994, he had filed a
petitiogi in No.4808;’1996. The said writ petition was disposed
25.1.1999 holding that petitioner is aiso entitled for the
i. fllrieneffits under the aforesaid Rules. Thereafter, he had made 3
fepresentation to the Deputy Commissioner, Bijapur District. The
matter wae taken up by the Chief Executive Officer, Bijapur
4.
District, with the Depzzty Commissioner, Bijapur District. V
Chief Executive Officer, Zilla. Panehayath, Bijapur, too;1<;T_:"z'1" :_. it
that since the petitioner was appointed iriitiaily in it
Section of the Town Panehayath, Kalarlgi, IE?si_ia'pi1r__'
District, now in Bagalitot District,<he..
Municipal service and after aholition l-eyy of' has
not been permanently absorber': He is of the
View that the retirala be the State
Govemment. Bijapzrr
District, haigriot the matter. Therefore, the
petitioner has seeking the following reliefs:
"{i) issue a writ_ofVmar§darnus or any other appropriate
it i' -. A Writ, i-fordeeor direetiorz directing the respondents to
i lvreetirement benefits of the petitioner szzoh as
'– leave eneashment, etc, and pay
thereof with interest at the rate of 18% p.a., and
" such other relief or relief as this Hozfble
it 'Coiirt deems fit to gar}: on the facts and oirermistanoes
lie
it fellowiifii E V
of the case including awarding of eosts ii': the interest
ofjustiee and equity."
2. It is not in dispute that the petitioner new
Bagalkot District. Petitioner has not made :§:n§?’represr:r:tatieii:vt.u ti1e-
Deputy Commissioner of Bagalket
reiiefs. In my view, he has to fiie a fre::,i1§”~.;¢presVie1Itatien
Deputy Comtnissioner, Bagalket Distr’iet,* sfsith tiie”rx:ateziaIs
in support ef his eiaim arzd theflfieputyv has to pass
appropriateordersitiieregiiireafifiegmiidering the materiais, which
may be prodlieecii by ;ietitieIier,_e1ezrg with his representation.
3, Ir: flie””1ighLw.O’§’ the aforesaid discussions, E pass the
ORDER
A Petitioneif’ ‘fiermitted to file 3 fresh representatien seeking
* appropriate reliefs befere the Deputy Cornrnissioner, Bagalket
responéent herein). He is also pemiitted to produce the
reiexfzint materials in support efhis claim. I direct the 6″‘ respondent
he
to dispose ofthe said representation on its merits and in aecerdanee»
with law within a period of eight weeks from the date of reeeipfoéf ” .,,
the said representation. Petitiener is permitted to enclosefiiieopy.{if T —
this order along with the representation. Vsffii jjetitickn
of. No costs.
I