G. KESHAVA Vs. PRINCIPAL SECRETARY TO GOVERNMENT OF KARNATAKA DEPARTMENT OF FOOD PROCESSING & HARVEST TECHNOLOGY, BANGALORE

JUDGEMENT

(1.) The petitioners who were earlier employees of the 4th respondent Karnataka State Agro Corn Products Limited had earlier approached this Court along with the other employees, in W.P.No.638-677/2012, being aggrieved of the resolution dated 21.11.2011 passed by the 4th respondent company resolving to close down the company, by earmarking certain amount for the purpose of granting voluntary retirement benefit to the employees. This Court noticed that the petitioners were on deputation to the 3rd respondent - Karnataka State Beverages Corporation Limited (hereinafter referred to as KSBCL for short), at the request of the 3rd respondent. It was also an admitted fact that the appointment of the petitioners in the 4th respondent company was in accordance with law. Consequently, the resolution dated 21.11.2011, in so far as it related to directing all the employees of the 4th respondent company to accept voluntary retirement, was directed to be treated as applicable only to those of employees who opt for voluntary retirement. The State Government was directed to consider the claim of the petitioners for absorbing the services of the petitioners in either of the companies, as early as possible and not later than three months.

(2.) The prayer in this writ petition is to issue a writ in the nature of mandamus directing the State Government to pass an order implementing the order dated 07.11.2012 in W.P.No.638-677/2012, by absorbing the petitioners in the KSBCL and till then pay the salary in the revised pay scales as recommended by the 6th pay commission, grant annual increments upto the date of superannuation, w.e.f., 01-04-2012 and on that basis determine and pay all terminal benefits and other incidental service benefits along with interest at the rate of 12% per annum.

(3.) Learned counsel for the petitioners, taking support from a decision of this Court in W.P.No.12050-53/2013 and connected matters which were disposed of on 26.07.2016, submits that under similar circumstances where employees of the Karnataka State Construction Corporation which was also at the verge of closure and the employees of the said Corporation were working on deputation with Bruhat Bengaluru Mahanagara Palike (BBMP) were given the benefit of fixation of pay and other benefits as provided under the Rules, on par with the employees of BBMP.