BHARAMAPPA MUKAPPA HOSAMANI Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner approached this Court in Writ Petition No. 30235 of 2004 challenging the Order dated 7th July 2004 passed by the Commissioner, Social Welfare Department and sought for quashing of the same. The Writ Petition came to be rejected by its order dated 18th January 2005. The petitioner was appointed as Lecturer, when this impugned order was issued against him.

(2.) The case of the respondent is that though the petitioner did not belong to Scheduled Caste but by misrepresentation and by adopting fraudulent method, the petitioner obtained caste certificate and made use to select appoint as a Lecturer. The impugned notice was issued alleging that the petitioner had committed fraud, which he had challenged before this Court. This Court, while disposing of the Writ Petition passed the order as follows:

(3.) In the light of the observation made by this Court, the Learned Counsel for the petitioner submits that it attained finality. Now, the petitioner, during the interregnum, has retired from service and is entitled for pension. It is further submitted that after the petitioner has retired from service, the case has been launched against the petitioner in Special (SC/ST) case No. 16 of 2014 on the file of the Principal District and Sessions Judge and Special Judge at Haveri alleging offences under Sections 196, 198, 420 of Indian Penal Code and under Section 3(1)(ix) of Karnataka Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act, 1989. The petitioner was tried for the said offences. However, the Criminal case ended-up in acquittal. On the basis of the same and the observation made by this Court in Writ Petition referred to above, the Learned Counsel submits that the petitioner is entitled for pensionary benefits.