SRI KRISHNA Vs. STATE OF KARNATAKA, REP BY ITS SECRETARY, THE DIRECTOR GENERAL AND INSPECTOR GENERAL OF POLICE, KARNATAKA STATE, THE SUPERINTENDENT OF POLICE, HASSAN DISTRICT AND THE ACCOUNTANT GENERAL (A & E)

JUDGEMENT

(1.) THE order of the Karnataka Administrative Tribunal, dated 6.3.2013 passed in Application No. 1159/2008 in so far as it relates to refixation of pay of the petitioner herein by the Superintendent of Police, Hassan is concerned, is called in question in this writ petition. The records reveal that petitioner who was working as Police Constable was transferred from Madikeri to Hassan at his request on 9.11.1998. He completed totally 10 years of service as a Police Constable at Madikeri and Hassan. Thus, he was granted benefit of time -bound advancement as per Rule 3 of Karnataka Civil Services (Time -bound Advancement) Rules, 1983 ('Rules' for short). Subsequently, the Superintendent of Police having felt that grant of time -bound advancement on 14.5.2004 in favour of the petitioner was under the mistaken notion that the petitioner had completed 10 years of service in Hassan District, refixed pay of the petitioner by the order dated 24.1.2008. The Superintendent of Police further directed for recovery of excess salary paid to the petitioner. The said order was called in question before the Karnataka Administrative Tribunal, in Application No. 1159/2008, which came to be allowed in part. The Tribunal set aside the order passed by the Superintendent of Police in so far as it relates to recovery of excess amount paid to the petitioner is concerned. However, the Tribunal upheld the order passed by the Superintendent of Police relating to refixation of pay of the petitioner.

(2.) THE State has not filed writ petition questioning the order passed by the Karnataka Administrative Tribunal in so far as it relates to setting aside the order of recovery made by the Superintendent of Police. However, the employee (petitioner herein) being aggrieved by the order of the Tribunal relating to refixation of his pay, assailed the correctness of the order of the Tribunal.