R. HANUMATHA SINGH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner in this writ petition has called in question the endorsement dated 30.10.2018 Annexure 'K', issued by the second respondent Karnataka Power Transmission Corporation Limited (hereinafter referred to as 'the Corporation' for short) by which, the claim of the petitioner for addition of his service rendered in the defence forces as qualifying service for the purposes of pension is turned down.

(2.) Brief facts of the case leading to filing of this subject writ petition are that, the petitioner was recruited to regular service of the Indian Air Force with effect from 31.01.1972 and was relieved / discharged from the services of the Indian Air Force on 08.05.1987. Thereafter, the petitioner for a brief period joined the services of the Indian Institute of Horticultural Research and later, applied on an advertisement notified by the Corporation inviting applications for the post of Assistant Engineer in various technical branches. The petitioner applied under the quota reserved for Ex-Military Personnel. In the selection process, the petitioner got selected but the respondent Corporation did not issue an appointment order despite his selection, which drove him to this Court in W.P.No.664/1991 seeking a mandamus to the Corporation, to appoint the petitioner to the post that he had applied for in terms of his selection. This Court by its order dated 21.07.1997 directed the respondent Corporation to consider the claim of the petitioner.

(3.) The respondent Corporation pursuant to the order passed by this Court appointed the petitioner on 06.11.1997 as Assistant Engineer (Electrical) and the petitioner immediately joined duty and retired on attaining the age of superannuation on 31.05.2008. When the pension that was settled in favour of the petitioner by the respondent Corporation, it did not take into account the services rendered by the petitioner in the Indian Air Force, due to which the pension that the petitioner received was abysmally low. Petitioner represented to the respondent Corporation on 26.05.2008 stating that the service rendered by him between 31.01.1971 and 09.05.1987 has to be taken into consideration for the purposes of calculation of pension. The petitioner submitted two more representations in this regard.