SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2001 Supreme(Kar) 334

Karnataka High Court
STATE OF KARNATAKA - Appellant
Versus
H.GANESH RAO - Respondent
Decided On : 06-01-01
W.A. : 1592 of 2000

Advocates:
B.MANOHAR, K.N.SUBHA READY, PRASAD SUBBANNA, RANGANATHA S.JOIS

Headnote:Constitution of India-Articles 309 and 226-Central Civil Services (Pension) Rules-Rules 15(2) (b), 48-A and 49(2)-Claim for family pension-claim made by wife of deceased employee who after serving for 19 years resigned from service-persons surviving for at least 20 years are only entitled for pension-claim for family pension not entertain able as the deceased husband himself was not entitled for pension.

       

P. V. REDDI, J.

( 1 ) THIS batch of writ appeals arise out of the writ petitions filed by the respondents herein who are working as second division assistants and typists in the commercial taxes department of Karnataka state. They were initially appointed by the deputy commissioner (ct) of various places mostly during the years 1985 and 1986 on daily wages at Rs. 15/- per day. Their temporary appointments were subject to termination on appointment of regular candidates selected by Karnataka public service commission. Some of the appointments were for duration of four months or so, which were later on extended from time to time. There was an interview and selection before such appointment orders were issued though the details and modalities of such selection are not available. The respondents were appointed against the existing vacancies of sanctioned posts. It transpires from the correspondence that the commissioner of commercial taxes has been pleading for extension of services of these daily wage employees till the candidates selected by service commission were allotted. He also addressed letters to the government to regularise services of similarly situated employees in implementation of the orders of this court in certain other writ petitions. As the government did not concede to the request of the petitioners for regularisation, they approached this court under article 226 of the Constitution seeking regularisation of their services and to extend the benefit of equal pay on par with the regular employees in view of the judgment of this court in umadevi v secretary, finance department, state of karnataka. By the judgment dated 29-7-1999, these writ petitions were disposed of by raveendran, j. , with the following directions:" (A) the respondents shall consider the case of each of the petitioners and determine whether they have completed more than 10 years of continuous whole time service in the commercial tax department. Wherever the petitioners have completed continuous whole time service of 10 years, the respondents shall consider their cases for regularisation, by applying mutatis mutandis, the government order dated 6-8-1990 (except in terms requiring the initial entry on daily wage basis being prior 1-7-1984) as clarified by subsequent orders, in particular the order No. Pwd 36 pwc 92, dated 8-5-1992 and the order No. Dpar 17 SCC 94, dated 20-10-1994. (B) the respondents shall also extend the benefit of regular payscales (i. e. , initially the minimum in the pay-scale applicable to equivalent regular posts) and allowances with enect from the date of regularisation. (C) both benefits as above shall be extended with effect from 11-9-1998. Compliance within six months from the date of receipt of a copy of this order. (D) if the petitioners in umadevi's case, supra, are given the benefit of regular pay-scales with effect from any earlier date as per the final orders of the Supreme Court, the petitioners will then be entitled to similar relief.

( 2 ) THE learned single judge referred to the government order dated 6-8-1990 directing daily wage employees appointed on or before 1-7-1984 should be brought on to the monthly rated establishment. The said government order was issued in the wake of the decision of the supreme court in dharwad district p. w. d. literate daily wages employees' association and others v state of Karnataka and others, while holding that the government order dated 6-8-1990 has no application to the writ petitioners' cases, the learned judge however held that on the principle of 'equal pay for equal work' applied by the Supreme Court in various pronouncements and the long-standing continuous service that the petitioners have put in, their claim for regularisation deserves to be considered and they should also be extended the benefit of regular payscales.

( 3 ) BEFORE we proceed further, we may refer to umadevi's case, supra, which was a decision rendered by a division bench in the writ petitions filed by

































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
Judicial Analysis

gpt-4

SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top