LAWS(KAR)-2023-7-1372

R. KRISHNA Vs. STATE OF KARNATAKA

Decided On July 18, 2023
R. KRISHNA Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) The petitioners, who were / are employees of the local bodies, have approached this Court seeking for the following reliefs:

(2.) Learned counsel appearing for the petitioners submits that, petitioner Nos.1 to 5 have now retired from the service and while extending their pensionary benefits, the benefit of additional / qualifying service, for which they are legally entitled under Sec. 247-A of the Karnataka Civil Services, Rules, 1978 and the relevant Government orders has not been considered by respondent Nos.1 & 2. He also submits that respondent No.2 is also required to extend the benefit of additional / qualifying service to the petitioner Nos.6 to 9 so as to enable them to work out their pensionary benefits immediately after their retirement. He submits that identical question was considered by the Karnataka Administrative Tribunal in Application Nos. 1005/2018 C/w. 7627/2018 and also in Application Nos.5189 to 5200/2021 and therefore the petitioners also entitled for the reliefs sought for in the writ petition. He also has placed reliance on the order of the Division Bench of this Court, passed in W.P. No.102120/2023, disposed off on 22/4/2016.

(3.) Learned AGA however seriously opposes the prayer made by the petitioners and submits that the question involved in this writ petition is not covered by the orders referred to by the petitioners either passed by the Karnataka Administrative Tribunal or by this Court. He submits that the petitioners have not approached the competent authority before approaching this Court and therefore the prayer made in this writ petition cannot be granted.