F.J.M. CRASTA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner, who is a retired professor in Physics is before this Court for a writ of certiorari to quash the endorsement dated 13.08.2013 made in No. KhaShiAha:251:TriSouYo:2005-06 issued by respondent No. 2 and to issue a writ of mandamus directing respondent Nos. 1 and 2 to pay interest at the rate of Rs. 18% on the amount of Rs. 3,03,921/- from the date due till payment to the petitioner and further direction to respondent Nos. 1 and 2 to pay the petitioner a sum of Rs. 50,000/- towards costs due to wrong deduction of the amount of Rs. 3,03,921/- (i.e., recovery of Rs. 2,50,000/- from DCRG and Rs. 53,921/- from pension) and also for compelling him to initiate multiple proceedings before the Court.

(2.) It is the case of the petitioner that the petitioner joined St. Aloysius College, Mangalore on 01.08.1967 as 'Demonstrator' and the same was regularized and the said post was abolished and he was deputed to pursue the Post-Graduation i.e., M.Sc. degree to enable him to get promotion as 'Lecturer'. Accordingly, he acquired the said qualification and consequently, his appointment as Lecturer was approved by an order, dated 25.04.1986, with effect from 15.06.1976 and also fixed the pay with the approval of the respondents-Authorities.

(3.) It is further case of the petitioner that after successful completion of 38 years of his service, he retired from service on attaining the age of superannuation. When the papers were sent by the petitioner for fixation of pay on the ground of retirement benefits, the local Joint Director of Education cancelled the fixation of pay done on 25.04.1986 by an order, dated 08.02.2006 and ordered for recovery. Upon the order of recovery, a sum of Rs. 3,03,921/- was recovered (i.e., Rs. 2,50,000/- from DCRG and Rs. 53,921/- from pension). Inspite of making representation to the Authorities stating that said recovery is bad in law, the same has not been considered. Therefore, the petitioner was constrained to approach this Court in W.P. No. 9936/2008 with a direction to the respondents to re-fix the pay scale. This Court by an order, dated 08.08.2008 disposed of the petition and directed the Director of Collegiate Education, Seshadri Road, Bengaluru to consider the representation of the petitioner with regard to deficit in pension and gratuity due to fixation of pay within an outer limit of six months from the date of receipt of the said order.