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1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF SEPTEMBER 2016
PRESENT
THE HON’BLE MR.JUSTICE JAYANT PATEL AND THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION NOs.31963-32018/2016(S-KAT)
BETWEEN :
SRI. RAMACHANDRA TIGADI S/O K.TIGADI, AGED ABOUT 67 YEARS, RETIRED ASSISTANT EXECUTIVE ENGINEER C/O KEDAR TIGADI, FLAT NO.2D, SAPTAGIRI, SITE NO.17, CHALLAGHATTA, YAMALUR, BANGALORE-560037.
SRI MOMIN IMAM USMAN SAHEB S/O USMANSAHEB H. MOMIN, AGED 70 YEARS, RETIRED JUNIOR ENGINEER, C/O IQBAL I MOMIN, G-8, SANTOSH RESIDENCY, 10TH CROSS, SANJEEVAPPA LAYOUT, NAGAWAR PALYA, C.V.RAMAN NAGAR, BANGALORE - 560 093.
2 3. SRI S.G. TIGADI S/O GADIGEPPA TIGADI, AGED 74 YEARS, RETIRED ASSISTANT EXECUTIVE ENGINEER, No.1365, A/2A, I MAIN, 5TH CROSS, SADASHIVANAGAR, BELGAUM.
SRI PRABHAKAR B. GAIKWAD S/O BABURAO APPAJI GAIKWAD, AGED 73 YEARS, RETIRED ASSISTANT EXECUTIVE ENGINEER, NO. 105, KULAKARNI LAYOUT, RAMATEETHANAGAR, BELGAUM - 590 016.
SRI L.S. HADPAD S/O S.L. HADPAD, AGED 68 YEARS, RETIRED JUNIOR ENGINEER, No.1028, SECTOR 6, VANTMURI COLONY, M.M. EXTENSION, BELGAUM - 590 016.
SRI AMRUT MIRAJKAR S/O GANGADHAR A. MIRAJKAR, AGED 69 YEARS, RETIRED JUNIOR ENGINEER, R/O PANDURANGA NIVAS, SUBHAS MAIN ROAD, 2ND CROSS, OLD GANDHINAGAR, BELGAUM - 590 016.
SRI B.M. BAHADDURI S/O MAHADEV BAHADDURI,
3 AGED 69 YEARS, RETIRED ASSISTANT EXECUTIVE ENGINEER, NO. 29430, CHANDRA MOULI COLONY, KANABARGI ROAD, BELGAUM - 590 016.
SRI NARAYAN CHADICHAL S/O RUDRAPPA CHADICHAL, AGED 69 YEARS, RETIRED ASSISTANT EXECUTIVE ENGINEER, No.673/10, 1ST CROSS, BASAVANAGAR, BADA SHETTI CHAWL, BAILAHONGALA, BELGAUM DISTRICT.
SRI G.A. ALGUNDI S/O A.A.ALAGUNDI, AGED 68 YEARS, RETIRED ASSISTANT EXECUTIVE ENGINEER, NO.332, 2ND STAGE, HANUMAN NAGAR, BELGAUM - 590 016.
SRI G.S. LAKHAGOUDA S/O S. LAKHAGOUDA AGED 68 YEARS, RETIRED JUNIOR ENGINEER, No.702, SECTOR No.5, V.V. MOKASHI, SHREENAGAR, BELGAUM – 590 016.
SRI P.S. GAIKWAD S/O S.S. GAIKWAD, AGED 66 YEARS, RETIRED ASSISTANT EXECUTIVE ENGINEER, No.383, RAMATEERTHNAGAR, BELGAUM - 590 015.
SRI P.SRINIVAS RAIDU, S/O P. HANUMANTHAPPA, AGED 73 YEARS, RETIRED ASSISTANT EXECUTIVE ENGINEER, No.4, II STAGE, HANUMANTHANAGAR, BELGAUM - 590 001
SRI S.M. PATHAN S/O M.K.SHERKHAN, AGED 76 YEARS, RETIRED JUNIOR ENGINEER, No.313 (B), GANDHINAGAR, HUKKERI, BELGAUM DISTRICT.
SRI S.B. MAHINDRAKAR S/O B.S. MAHINDRIKAR, AGED 73 YEARS, RETIRED JUNIOR ENGINEER, No.50, RUKMININAGAR, KANBARGI ROAD, BELGAUM - 590 016.
M.G. SHIGIHALLI SINCE DEAD BY HER LRs.,
SMT. SUMITRA SHIGIHALLI, W/O M.G.SHIGIHALLI, AGED 60 YEARS, NO.31, I STAGE, R.C.NAGAR, BELGAUM - 590 006.
SRI N.G. PATIL S/O G.N. PATIL, AGED 67 YEARS, RETIRED ASSISTANT EXECUTIVE ENGINEER,
5 R/AT 748/7A, 5TH CROSS, BHAGYANAGAR, BELGAUM - 590 006.
SRI D.R. PATIL S/O R.B. PATIL, AGED 76 YEARS, RETIRED ASSISTANT EXECUTIVE ENGINEER, R/AT CTS No. 4856/15, 2ND MAIN, 2ND CROSS, SADHASHIVANAGAR, BELGAUM - 590 019.
SRI K.H. MAKANDAR S/O H. MAKANDAR, AGED 70 YEARS, RETIRED JUNIOR ENGINEER, No. CCB 1140, PLOT NO. 33, 1ST CROSS, VIDYAGIRI AZADNAGAR, BELGAUM - 590 010.
SRI. YASHWANTH T. MAHENDRAKAR S/O TUKARAM B. MAHENDRAKAR,
AGED 64 YEARS, RETIRED ASSISTANT EXECUTIVE ENGINEER, No.19, BASAVA COLONY, NEHRUNAGAR, BELGAUM-590010.
SRI. S.D. CHANDSHAH S/O DASTAGIR CHANDSHAH,
AGED 66 YEARS, RETIRED ASSISTANT EXECUTIVE ENGINEER, C/O SADIQ ZARI, No.79, 4TH CROSS, RAJESHWARI LAYOUT, T.C. PALYA MAIN ROAD, RAMAMURTHY NAGAR, BANGALORE.
SRI. M.I. KOTWAL S/O ISMAIL SAB KOTWAL, AGED 68 YEARS, RETIRED ASSISTANT EXECUTIVE ENGINEER, No.3, 3RD MAIN, 6TH CROSS, SADHASHIVANAGAR, BELGAUM.
ABDUL SHAFI HAWALDAR SINCE DEAD BY HER LR:
SMT. HAJARABI HAWALDAR, AGED 58 YEARS,
W/O A. SHAFI HAWALDAR, No.23, SANGAMESHWARANAGAR, BELGAUM-590010.
SRI ABDUL QADER MULLA S/O M.K.MULLA,
AGED ABOUT 66 YEARS,
ARIFA, No.2464, SECTOR No.12 INCOME TAX COLONY, MAHANTESHNAGAR, BELGAUM-590016.
SRI V.M. KULKARNI S/O M.V. KULKARNI AGED ABOUT 62 YEARS RETIRED JUNIOR ENGINEER R/A 9TH CROSS, SALANATH COLONY, BHAGYANAGAR, BELGAUM – 590 006.
SRI R.K. BAGGADE S/O K B BAGGADE AGED ABOUT 70 YEARS
7 RETIRED JUNIOR ENGINEER No.34/A, RAILWAY QUARTERS BELGAUM-590001.
SRI G.J. PALLED S/O JINNAPPA AGED ABOUT 70 YEARS RETIRED JUNIOR ENGINEER, No.191/D, BASAVANAGAR GOKAK, BELGAUM DISTRICT.
SRI.P.A.NAIK S/O ANNAPPA NAIK AGED 68 YEARS,
RETIRED JUNIOR ENGINEER, R/A MALLAPURA,
GHATPRABHA, GOKAK TALUK, BELGAUM DISTRICT.
SRI.R.B.NAIK S/O BIMARAYAPPA NAIK AGED 70 YEARS,
RETIRED JUNIOR ENGINEER, No.517/2, MAHANTESHNAGAR,
GHATAPRABHA, GOKAK TALUK, BELGAUM DISTRICT.
SRI.C.B.MALAWAD S/O B.A.MALAWAD, AGED 73 YEARS, RETIRED JUNIOR ENGINEER, R/O SRI. LAKSHMI BADAVANE, GOKAK,
BELGAUM DISTRICT-591307.
SRI.S.S.BENNALI S/O SHIVRUDRAPPA S BENNALLI,
8 AGED 73 YEARS,
RETIRED ASSISTANT EXECUTIVE ENGINEER, No.2964, MAHAVEERANAGAR CHIKKODI, BELGAUM DISTRICT-591201
SRI R.M. PISE, S/O M. PISE, AGED 69 YEARS, RETIRED ASSISTANT ENGINEER, C/O PRAVEEN PISE, B-23,
REMA SKY VIEW APPARTMENT, II CROSS, K.R. GARDEN ROAD, MURGESHPALYA, BANGALORE.
SRI A.G. MUNDAGANUR S/O GABISAB MUNDAGANUR, AGED 70 YEARS, RETIRED ASSISTANT EXECUTIVE ENGINEER R/O BARPETH GALLI,
JAMKHANDI-587 301
SRI SHANKAR KALANGADE SINCE DEAD BY HIS LR,
SMT SHARADA, W/O SHANKAR KALANGADE AGED 69 YEARS, No.1, RS No.48 Dr. AMBEDKAR NAGAR, BUXITE ROAD,
BELGAUM -590 009
SRI V.A. SIDNAL S/O APPANNA SIDNAL AGED 70 YEARS, RETIRED JUNIOR ENGINEER, C/O UDAY V. SIDNAL, C-14,
NAVARATAN APARTMENTS, 17TH CROSS,
MALLESHWARAM
BANGALORE.
SRI B.R. KENCHANAGOUDAR S/O RUDRAPPA KENCHANAGOUDAR, AGED 74 YEARS, RETIRED JUNIOR ENGINEER, R/AT 5TH CROSS, CHALUKYANAGAR, BADAMI, BAGALKOT DISTRICT-587201.
SRI RANGAPPA B. GOPALAPPANAVAR S/O BASAPPA AGED 67 YEARS RETIRED ASSISTANT EXECUTIVE ENGINEER, C/O MAHESH D. HOSGOUDAR, No.880, 13TH MAIN, 6TH CROSS, BANK COLONY, SRINIVASANAGAR, BANGALORE.
REVANNASIDDAPPA SHEELAVANTAR S/O TIPPANNA SHEELAVANTAR, AGED 72 YEARS RETIRED JUNIOR ENGINEER, C/O ST & PR, 22ND ROAD, VIDYAGIRI, BAGALKOT-587102.
SRI SANGAPPA S SHIVAPUJI S/O S. SHIVAPUJI, AGED 66 YEARS RETIRED JUNIOR ENGINEER,
R/O WARD No.2, BEHIND I.B.ILKAL,
10 HUNAGUND TALUK, BAGALKOT.
SALIM NIZAMUDDIN TAKKALAKI S/O NIZAMUDDIN TAKKALAKI AGED 68 YEARS RETIRED JUNIOR ENGINEER 4TH CROSS, VINAYAKNAGAR, BAGALKOT.
SHASHIKANT VASANTRAO JOSHI S/O VASANTHRAO D.JOSHI AGED 67 YEARS RETIRED JUNIOR ENGINEER No.90, SECTOR No.35, NAVANAGAR, BAGALKOT-587 103.
S.R.DALBANJAN AGED 69 YEARS S/O R. DALBHANJAN RETIRED ASSISTANT EXECUTIVE ENGINEER OLD IB EXTENSION AREA, BAGALKOT-587 101
SRI.N.L.AMMANNAVAR S/O L.V. AMMANAVAR AGED 71 YEARS RETIRED JUNIOR ENGINEER NEAR CENTRAL EXCISE OFFICE,
SHANTHINAGAR,
BAGALKOT-587101
SRI I .G.BASAVANAGOUDAR S/O G .D.BASAVANGOUDAR AGED 66 YEARS RETIRED JUNIOR ENGINEER 8TH CROSS, VIDYAGIRI,
11 BAGALKOT-587102.
SRI M .S.CHARANI S/O S.M.CHARANI, AGED 72 YEARS RETIRED JUNIOR ENGINEER NEAR CENTRAL EXCISE OFFICE SHANTHINAGAR BAGALKOT-587101.
SRI S.G. GIRIYAPPANAVAR S/O G.GIRIYAPPANAVAR, AGED 72 YEARS RETIRED JUNIOR ENGINEER, R/O PADMA NIVAS 9TH CROSS, VIDYAGIRI, BAGALKOT-587102
SRI A.N. LAXANI S/O N.B.LAXANI, AGED 75 YEARS RETIRED JUNIOR ENGINEER R/O 944, KHB COLONY, MUDHOL, BAGALKOT DISTRICT.
SRI B.V. RADDI S/O V.T. RADDI, AGED 70 YEARS, RETIRED JUNIOR ENGINEER, R/O SECTOR 2, WARD No.5, SIDDARAMESHWARANAGAR,
MUDHOL - 587 313.
SRI N.H. KULKARNI S/O HANUMANTHA RAO, AGED 73 YEARS,
12 RETIRED JUNIOR ENGINEER, R/O SHANTINAGAR, NEAR HAKIM CHWAL,
BIJAPUR - 586 104.
SRI U.P. JUNJARWAD S/O P.C. JUNJARWAD, AGED 71 YEARS, RETIRED JUNIOR ENGINEER, R/O RAJPUT GALLI, BIJAPUR - 596 101.
SRI R.M. JADHAV S/O MARUTHI JADAV, AGED 68 YEARS, RETIRED JUNIOR ENGINEER, R/O 2ND CROSS, SHIVAJIPETH, BIJAPURA - 586 101.
SRI SHAIK USMAN MUNSHI S/O QASIM MUNSHI, AGED 69 YEARS, RETIRED JUNIOR ENGINEER, R/O NALBAND GARDEN, NEAR BADLI KAMAN,
BIJAPUR - 586 101.
SRI I.M. SHETAGAR S/O MALLAPPA SHETAGAR, AGED 69 YEARS, RETIRED JUNIOR ENGINEER, R/O MALLIKARJUNAGAR, BEHIND SHIVALAYA TEMPLE,
ASHRAM ROAD, BIJAPURA - 586 101.
SRI M.A. GOGI
13 S/O ABDULKADAR GOGI,
AGED 68 YEARS, RETIRED ASSISTANT EXECUTIVE ENGINEER, R/O SHALK COLONY,
NEAR HAKIM CHOWK, BIJAPUR-586104.
SRI I.M. PUJAR S/O MALLAPPA PUJAR, AGED 71 YEARS, RETIRED JUNIOR ENGINEER, R/O WARD No.1, IN FRONT OF POST OFFICE,
GULEDAGUDDA, BAGALKOT DISTRICT-587203.
SRI M.L. GANIGER S/O L.B.GANIGER AGED 69 YEARS, RETIRED JUNIOR ENGINEER, R/O No.17, MIG II,
HOUSING COLONY,
MUDHOL,
BAGALKOT DISTRICT-587313
SRI BAPURAW YANKAPPA KULKARNI S/O YANKAPPA KULKARNI AGED 67 YEARS, RETIRED JUNIOR ENGINEER, R/O BASAVA KRUPA,
NEAR M.G. SCHOOL, GANG BAWDI, BIJAPUR. ... PETITIONERS
(BY SRI K.N.NITISH, ADVOCATE)
14 AND :
STATE OF KARNATAKA REP. BY ITS SECRETARY, PUBLIC WORKS DEPARTMENT PORTS
AND INLAND WATER TRANSPORT (SERVICES) VIKASA SOUDHA,
BANGALORE - 560 001.
THE CHIEF ENGINEER PUBLIC WORKS DEPARTMENT (C&B) NEW PUBLIC OFFICES,
NRUPATHUNGA ROAD, BANGALORE - 560 001.
THE ACCOUNTANT GENERAL IN KARNATAKA BY ITS ACCOUNTS OFFICER, BANGALORE - 560 001. ... RESPONDENTS
(BY SRI H.T.NARENDRA PRASAD, AGA)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER AT ANNEXURE-D DATED 31.03.2015 PASSED IN APPLICATION NOs.6016- 6139/2012 AND THE ORDER AT ANNEXURE-F PASSED IN REVIEW APPLICATION NOs.46-157/2015 DATED 23.02.2016 BY THE HON'BLE KARNATAKA ADMINISTRATIVE TRIBUNAL.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, JAYANT PATEL J., PASSED THE FOLLOWING:
ORDER
All the petitions are directed against the order dated 31.03.2015 passed by the Karnataka Administrative Tribunal in Application Nos.6016 to 6139 of 2012 along with the subsequent order dated 23.02.2016 passed in Review Application Nos.46 to 157 of 2015, whereby the earlier applications were dismissed and the review applications are also dismissed.
We have heard Mr.K.N. Nitish, learned counsel for Mr. K.V.Narasimhan, learned counsel appearing for the petitioners.
The contention raised on behalf of the petitioners was two-fold: one was that by virtue of clause
(d) of the Government order dated 22.04.2010, which was under challenge in applications before the Tribunal, the Government has attempted to give the retrospective effect
16 of the different pay scales for the posts of non-Graduate Junior Engineer and Graduate Junior Engineer. Petitioners are all persons, who worked as non-Graduate Junior Engineers and are now retired from service. He submitted that therefore, by indirect method, the Government could not reduce the pay scales of the petitioners. The second limb of argument was that as per Rule 42 read with Rule 41 of the Karnataka Civil Services Rules (for short “KCSRs”), the pay scales of the petitioners were required to be protected and if the increments in future are adjusted against the present pay scales, which are proposed to be protected, there will not be a correct or real compliance of Rule 42 read with Rule 41 of the KCSRs. The submission of the learned counsel with reference to interpretation of Rule 42 read with Rule 41 of the KCSRs., would mean that at the time when the change is brought about, the pay scale should be protected and further, if the increment is earned in future, the same should also be added to the pay and not by way of absorption of such
17 increments in future. Therefore, he submitted that both the aforesaid aspects are not properly considered by the Tribunal and this Court may consider in the present matters.
A perusal of the reasons recorded by the Tribunal shows that as per the earlier decision of the Apex Court in the case of K. Ravindranath Pai and another Vs. State of Karnataka and another (1995 Supp.(2) SCC page 246), the Apex Court has held that the non- graduate engineers would get identical pay scales up to 09.01.1974 and therefore, any reduction of the pay scale was not permitted, but at the same time, the pay scale of the respective petitioner was ordered to be protected as per the order dated 18.12.2004 passed by this Court and order dated 19.01.2010 passed by the Apex Court in the earlier round of litigation. Since the pay scale could not be reduced and was required to be protected, the
18 Government order dated 22.04.2010 has been issued and clause (d) of the said order provides as under:-
“(d) The pay of the non-Graduate Junior Engineers in the lower scale of pay with effect from 09.01.1974 shall be regulated on the basis of the pay drawn by them in the Graduate Junior Engineers’ scale of pay as on 08.01.1974 by treating the pay drawn by them in excess of pay under the lower scale of pay as “personal pay” to them subject to adjusting the “personal pay” against future increments and future pay revisions till such time as personal pay gets merged in the regular scale of pay applicable to non-Graduate Junior Engineers”
Therefore, when the increment is sought to be adjusted, it cannot be said to be a retrospective reduction of the pay scale as sought to be canvassed.
On the contention raised based on Rule 42 read with Rule 41 of the KCSRs., we do not find any
19 substance because had it been a case of reduction in the pay scale, there may be breach of the provisions of Rule 42 read with Rule 41 of the KCSRs., but in the present case, the pay as was drawn by petitioners is protected. Only future increments are sought to be adjusted and proposed to be absorbed for the purpose of the protection of the pay. Rule 41 (a)(ii) of the KCSRs., uses the language “whichever is less”, meaning thereby even after increment, whichever is the less amount can be opted, but by protection of the pay scale. Therefore, there is no bar operating for absorption of the increment for the purpose of protection of pay scale under Rule 42 read with Rule 41 of the KCSRs., as sought to be canvassed.
If the aforesaid is considered with the reasons recorded by the Tribunal, we do not find that any case is made out for interference.
In any case, in review, there was no valid ground. Hence, the Tribunal has dismissed the review applications.
In view of the aforesaid observations and discussion, no case is made out for interference. Hence, petitions are dismissed.
In view of disposal of these petitions, I.A. No.1/2016 for dispensation with production of documents stated therein does not survive for consideration and the same shall stand disposed of.
Sd/- JUDGE
Sd/- JUDGE
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