STATE OF KARNATAKA Vs. H R SURYANARAYANA RAO

JUDGEMENT

(1.) H.R. Suryanarayana Rao, the respondent, came to this Court with W.P.No. 5171/78 seeking following reliefs: R. 23 (i) To quash the order dt. 10/11th April 1978 issued by the Chief Engineer and produced as Exhibit-D in the writ petition; (ii) To issue a writ in the nature of mandamus directing the State Government, the chief Engineer and the Accountant General to settle his pensionary claims including death-cum- retirement gratuity amount in accordance with law and also to fix his pension at Rs.182/- per month and to grant all consequential reliefs.

(2.) The undisputed facts of the case are, that Sri Suryanarayana Rao was promoted as Superintendent Grade-I with effect from 12.10.1966 consequent upon review of promotions made by the Government. He retired from service on 5.12.1973 on attaining the age of superannuation. Thereafter, promotions were once again reviewed, whereupon it was determined that the date of eligibility for promotion of Shri Suryanarayana Rao to the cadre of superintendent Grade-I, was 31.5.1967. We have taken 12.10.1966 as the actual date of promotion as that is the assertion made by Sri. K. Sridharan, learned Counsel for the respondent, and that is also the stand taken by Sri. V.C. Brahmarayappa, learned Government Advocate. When the deemed date of eligibility for promotion was accorded to Sri Suryanarayana Rao as 31.5.1967, he having already been given certain retirement benefits, the Chief Engineer addressed a letter dt. 10/ llth April 1978 to the Accountant General as per Exhibit-D suggesting that pension and the D.C.R.G. Amount be reduced and the excess amount paid be recovered after obtaining a consent letter from Sri. Suryanarayana Rao and when a copy of the same was furnished to Sri. Suryanarayana Rao, he approached this Court for reliefs as aforesaid. The learned single Judge has, by his order dated the 3Qth of October 1981, allowed the writ petition, quashed the communication from the chief Engineer to the Accountant General (Exhibit- D) and directed the appellants to determine the pension payable reckoning the service of Sri. Suryanarayana Rao in the cadre of superintendents from 12.10.1966 and not from 31.5.1967 and to make him available the arrears of pension that may be found due as also the death- cum-retirement gratuity due, on that basis. The learned single Judge further directed that pending redetermination, Sri. Suryanarayana Rao be paid interim pension at the rate of Rs.159/- per month. It is the said order that is challenged in this appeal by the appellant.

(3.) The respondent was admittedly as allottee and, therefore, promotions accorded to him were required to be reviewed and relief granted to him in the matter of promotion, pay and pension in accordance with the Karnataka State Civil Services (Regulation of promotion, Pay and pension) Act, 1973. It is in accordance with S.4 of the said Act that promotions were reviewed though Sri Suryanarayana Rao was actually promoted to the cadre of Superintendents with effect from 12.10.1966, deemed date of eligibility for promotion to the said cadre was determined as 31.5.1967. Though in the writ petition, an attempt was made to challenge the according of this deemed date of eligibility, durig the course of the arguments before the learned single Judge, that contention was given up and the according of the deemed date of eligibility for promotion as 31.5.1967 was accepted and it is on that basis that the arguments were advanced before the learned single Judge. Hence, we did not permit the learned Counsel for the respondent to advance arguments in this behalf the case made out by him having been expressly given up as recorded by the learned single Judge. We, therefore, proceed on the basis that 31.5.1967 was correctly accorded as the demeduate of eligibility for promotion to the cadre of Superidntendents to which Sri. Suryanarayana Rao was entitled to on the basis of his ranking in the final inter-state seniority list.