LAWS(KAR)-2022-7-588

STATE OF KARNATAKA Vs. S.S.JADHAV

Decided On July 05, 2022
STATE OF KARNATAKA Appellant
V/S
S.S.Jadhav Respondents

JUDGEMENT

(1.) This Writ Petition by the State seeks to lay a challenge to the order dtd. 29/10/2021 made by the Karnataka State Administrative Tribunal at Belagavi in private respondent's Application No.10980/2019. The Tribunal has granted relief to the said respondent by directing the writ petitioners to consider his claim form sanctioning of the provisional service benefits within two months.

(2.) Having heard the learned counsel for the parties and having perused the petition papers we decline indulgence in the matter inasmuch as admittedly the private respondent had been in service since 1983 on daily wage basis and that he was granted regularization vide order dtd. 14/7/1993 in the light of Government order dtd. 6/8/1990 which was issued pursuant to Apex Court decision in DAILY WAGERS' CASE AIR 1990 SC 883. It is also not disputed that post regularization he was drawing regular salary in the prescribed pay scale along with many others and that he demitted office on 13/9/2018 on attaining the age of superannuation. Thus, apparently he had put in the qualifying service for grant of pension.

(3.) The contention that of learned GA appearing for the petitioners that post regularization some enquiry having been made in 2013 or so, the grant of regularization was withdrawn and the same having been set at naught by the Tribunal in Application No.4314/2005 at another case of the applicant, the matter is being looked into afresh, is no ground for our interference. Enquiry of the kind cannot be kept pending ad nauseam. This apart we are told that the Government after holding fresh enquiry again has passed another order and that another adverse order and the same is put in challenge in Application No.10533/2021 and that the Tribunal has granted an interim order of stay on 28/6/2021. We are not sure how long the private respondent has to go on waging this legal battle.