KRISHNA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Writ Petition No.7924/2020 is filed seeking for the following reliefs:

(2.) Both the Petitions are filed challenging the common order dtd. 16/7/2019 passed in Application Nos.1586/2017 and other connected matters by the Karnataka State Administrative Tribunal at Bangalore (hereinafter referred to as the 'Tribunal'). Hence, they are taken up together for consideration.

(3.) The relevant facts necessary for consideration of the Writ Petitions are that the Petitioner in WP No.7924/2020 was appointed as an Armed Police Constable (hereinafter referred to the 'APC') in Kodagu District on 5/7/9/1992. He sought for transfer to Hassan District at his own request on 21/4/1998. On 9/9/2002 the Petitioner was sanctioned with the Time Bound Advancement increment after completion of 10 years of service. But the re-fixation is withdrawn on the ground that he had not completed 10 years in Hassan District and it was directed to recover the excess amount paid on account of the said increment. Being aggrieved, the Petitioner approached the Tribunal in Application No.1159/2008, which was disposed of by the Tribunal, vide order dtd. 6/3/2013, wherein the re-fixation was upheld, but the recovery of excess amount was quashed. Being aggrieved the Petitioner filed WP No.36539/2013. A Co- ordinate Bench of this Court, vide order dtd. 9/12/2013 quashed the order of the Tribunal and upheld re-fixation of the pay of the Petitioner. The said order was challenged by the State in SLP No.7704/2014 before the Hon'ble Supreme Court, which was dismissed.