HIDAYATHULLA K.A. Vs. VANDITA SHARMA

JUDGEMENT

(1.) This contempt petition is initiated for wilful disobedience of the order passed in W.P.No.14084/2020 and connected matters dtd. 22/4/2022, whereby the learned Single Judge has passed the following order:

(2.) The grievance of the petitioner in the writ petition is as under:

(3.) On passing of the order by the learned Single Judge supra, the complainant approached respondents No.1 to 3 vide representation dtd. 12/5/2022 to comply with the order passed by the learned Single Judge. The respondents No.1 to 3 have failed to comply the said order, aggrieved by the same, the complainant initiated this contempt petition. However, following the initiation of this contempt petition, the Government has passed the Notification dtd. 8/4/2024, respondents No.1 to 3 had appointed the complainant as KAS (Junior Scale) Group 'A' post by creating supernumerary post with effect from 1/2/2006 i.e., the date on which the appointment order issued to the last candidate selected to KAS (Junior Scale) Group 'A' post vide recruitment Notification issued by the Karnataka Public Service Commission dtd. 15/12/1999. The benefits extended to the last candidate selected vide order dtd. 1/2/2006 (excluding the wages and allowance with retrospective effect) was also extended to the complainant with the pay scale of Rs.56800.0099600 as applicable to KAS (Junior Scale) Group 'A' post. Further, in view of providing notional benefits to the complainant vide Notification dtd. 6/6/2024, the retrospective promotion was also given to the complainant and presently, the complainant is serving as KAS (Super Time Scale Cadre) Personal Secretary to the Minister for Health and Family Welfare, Government of Karnataka. The same is admitted by the complainant. However, it is the contention of the learned Senior counsel for the complainant that all other KAS Officers in the Batch of 1998, 1999 and 2005 have already been considered for IAS confirmation from State service and the complainant has been appointed through Notification dtd. 8/4/2024 to the post of KAS (Junior Scale) Group 'A' post with effect from 1/2/2006. As per the order passed by the Writ Court, notional benefits from earliest point available in the recruitment Notification dtd. 15/12/1999 is required to be extended to the complainant. The learned Senior counsel by emphasizing on the reply issued by the Department of Personnel and Administrative Reforms (Services-6) for an RTI application of the applicant that the Secretariat Cadre in which the complainant served is equivalent to various KAS Cadres, submitted that, the complainant worked in Group 'A' post equivalent to KAS (in different Cadres) for more than 12 years and that he worked in the posts of Secretary, Under Secretary, Deputy Secretary, Joint Secretary as well as Additional Secretary on deputation basis, his service has to be considered for State Civil Service (hereinafter referred to as 'SCS') IAS confirmation by considering the direction issued by the learned Single Judge of this Court in the writ petition i.e., 'grant all notional benefits including seniority from the date of such appointment'. He submitted that, the seniority has to be taken into consideration from the year 1999 and the other officers who were appointed in the year 1999 have already been considered by the State Government for IAS Cadre and they have been working as IAS officers, however, the complainant is deprived of similar benefits which clearly falls within the purview of wilful disobedience of the order passed by the learned Single Judge in W.P.No.14804/2020.