STATE OF KARNATAKA, THE DIRECTOR OF TECHNICAL EDUCATION IN KARNATAKA, THE PRINCIPAL KARNATAKA POLYTECHNIC AND THE ACCOUNTANT GENERAL IN KARNATAKA Vs. SRI K.N. KRISHNA BHAT

JUDGEMENT

(1.) WRIT petition by the State of Karnataka being aggrieved by the order dated 11.072011 passed on application No. 327/2006 by the Karnataka Administrative Tribunal at Bangalore allowing the application of the respondent in this writ petition, inter alia, granting relief to the applicant that he is entitled for drawing of pension on the premise that his qualifying service for pension is from the year 1981, the year in which he was appointed temporarily as Head Cook by the Principal of the Karnataka Polytechnic, Mangalore, as per appointment order dated 28.01.1981. The services of the employee came to be regularized with effect from 1.2.1991 as per order dated 24.11.1995. This was on the premise that those employees who were working in the post on deputation on daily wages had opted to get their services regularized against Group 'D' posts in the Department of Technical Education. The respondent had joined services on 28.01.1981 and his services was regularized with effect from 1.2.1991. The respondent since retired from service on 30.6.1995 but work had been extracted from him up to 31.07.1995

(2.) ON retirement, the employee's pension was not fixed on the premise that he is in qualifying service with effect from 1.2.1991 and not from the date of joining service. His annual date of retirement being on 30.6.1995 and he having received salary for the month of July 1995 also, that was sought to be recovered though he had worked. It is aggrieved by such recovery and also not fixing any pension as the qualifying service of the respondent was only with effect from 1.2.1991 onwards, the respondent had approached the Karnataka Administrative Tribunal seeking for relief on this aspect.

(3.) THE other contention was that the person had actually worked during the month of July 1995 and salary was paid and there was nothing wrong about it and there was no occasion to recover the amount, particularly, after having extracted the work.