SADASHIVAPPA Vs. GOVERNMENT OF KARNATAKA

JUDGEMENT

(1.) Petitioner, a retired civil servant is grieving before the Writ Court against the State Administrative Tribunal's order dtd. 6/2/2024 whereby his Application No.438/2024 has been negatived. In the said Application, he had made the following principal prayer:

(2.) Learned Sr. Advocate Mr. A V Gangadharappa appearing for the Petitioner vehemently argues that the pension payable to a retired employee being his right constitutionally guaranteed under Articles 21 & 300-A, non-payment of the same indefinitely for years needs to be visited with the exemplary costs coupled with a direction for payment of the accumulated and accruing pension with interest at the rate of 2% per mensum. He also submits that the Petitioner vide Representation dtd. 16/10/2023, had requested the Respondents to pay the differential of salary from 1/4/1998 to 18/9/2005, Earned Leave Encashment, Commutation of pension, DCRG, etc., along with interest; he complains that the same has been kept in cold storage though his client retired from service on attaining the age of superannuation on 29/2/2012 having put in a long service of more than three decades.

(3.) The learned AGA appearing for the Respondent resists the Petition making submission in justification of the impugned order and the reasons assigned by the Tribunal in support thereof. She adds that the Petitioner had committed some misconduct during the tenure of his service as per the Audit Objections; he was issued a Show Cause Notice dtd. 26/11/2010 & 6/1/2011, to which Petitioner has replied; therefore, the Auditor General vide Letter dtd. 24/8/2010 had directed recovery of Rs.3,12,663.00. That being the position, the terminal benefits have been withheld in contemplation of Disciplinary Enquiry although provisional pension has been sanctioned & released. In support of her contention, she banks upon the provisions of Rules 214-A & 215-A of KCSRs, 1957.