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2025 Supreme(Online)(Kar) 39462
THE HIGH COURT OF KARNATAKA
Anu Sivaraman, Vijaykumar A. Patil, JJ
State of Karnataka – Appellant
Versus
K.C. Udayakumar – Respondent
WRIT APPEAL NO.1784/2024|CIVIL CONTEMPT PETITION NO.1126/2024
For the Appellants/Petitioners: Devadas N, Mamatha Shetty
For the Respondents: B.S. Sachin
The State has the prerogative to fix cut-off dates for implementing revised pay scales. However, this power cannot be exercised arbitrarily or discriminatorily; applying different effective dates to similarly situated employees of comparable institutions constitutes impermissible discrimination subject to judicial intervention.
Headnote:(A) Karnataka High Court Act, 1961 - Section 4 - Limitation Act, 1973 - Section 5 - Contempt of Courts Act, 1971 - Sections 11 and 12 - Revision of pay scale - Implementation of revised pay structure - Discretion of State to fix cut-off dates -
(B) While the fixing of a cut-off date for the implementation of a revised pay scale is a prerogative of the State, such discretion is not absolute and must not be exercised in an arbitrary or discriminatory manner - Where a recommendation for a specific date is made and similar benefits are extended to comparable entities, the refusal to grant such benefits to other similarly situated employees constitutes discrimination -
(C) Appeal against the order of single bench - Delay of 210 days in filing the appeal - Failure to show sufficient cause - Appeal liable to be dismissed on the grounds of both merit and delay. (Paras 6, 7 and 9).
Facts of the case:
The respondents, employees of a religious institution, sought the implementation of a revised pay scale effective from a specific retrospective date. The authorities provided the benefits from a later date. A single bench directed the implementation of the pay scales from the requested retrospective date, finding the State's action discriminatory. The State filed an appeal against this order with a delay of 210 days.
Findings of Court:
The court found that the authorities' recommendation for the earlier effective date and the extension of similar benefits to other comparable institutions rendered the State's decision to provide benefits from a later date arbitrary and discriminatory. The application for condonation of delay was rejected for lack of sufficient cause.
Issues: Whether the fixing of a cut-off date for the implementation of a revised pay scale is subject to judicial interference, and whether the State provided sufficient grounds for the delay in filing the appeal.
Ratio Decidendi: The State's power to fix a cut-off date for economic benefits is subject to the principle of non-discrimination. Arbitrary exclusion of similarly situated employees from benefits already granted to others in comparable institutions is violative of the principle of fairness, rendering the State's action impermissible.
Result: Appeal dismissed; delay condonation rejected; contempt petition dropped with liberty.
| Table of Content |
|---|
| 1. procedural context for the appeal against the single judge order regarding the implementation of the 6th pay commission for temple employees. (Para 4 , 5) |
| 2. state claims discretionary power over pay scale cut-off dates, while respondents argue for equality with similarly placed notified temple institutions. (Para 6 , 7) |
| 3. court observed that while the state has prerogative to fix cut-off dates, it cannot be done in an arbitrary or discriminatory manner. (Para 8 , 9) |
| 4. state action must not be discriminatory, and delay in filing without sufficient cause is grounds for dismissal of appeal. (Para 10) |
| 5. directions to implement pay commission benefits within time and disposal of contempt proceedings with liberty to approach the court if necessary. (Para 11 , 12 , 13 , 14 , 15) |
IN W.A. No.1784/2024:
BETWEEN:
1. STATE OF KARNATAKA
REP. BY ITS SECRETARY
DEPARTMENT OF REVENUE (MUZARAI)
M.S. BUILDING, BENGALURU-560 001.
2. COMMISSIONER
HINDU RELIGIOUS INSTITUTIONS AND
CHARITABLE ENDOWMENTS DEPARTMENT
II FLOOR, SRI MALAI MAHADESHWARA
VARTHA BHAVAN, ALURU VENKATA RAO ROAD
CHAMARAJPET, BENGALURU -560018.
3. DEPUTY COMMISSIONER
HINDU RELIGIOUS INSTITUTIONS AND
CHARITABLE ENDOWMENTS DEPARTMENT
DAKSHINA KANNADA DISTRICT
MANGALURU-575001.
4. EXECUTIVE OFFICER
SREE KUKKE SUBRAMANYA TEMPLE
SUBRAMANYA, SULYA TALUK
DAKSHINA KANNADA - 574238.
5. COMMITTEE OF MANAGEMENT
REPRESENTED BY ITS PRESIDENT
SREE SUBRAMANYA TEMPLE
SUBRAMANYA, SULYA TALUK
DAKSHINA KANNADA DISTRICT-574 238.
...APPELLANTS
(BY SRI. DEVADAS N, AAG WITH SMT. MAMATHA SHETTY, AGA)
AND:
1. SRI. K.C. UDAYAKUMAR
S/O CHANDRASHEKARA
AGED ABOUT 52 YEARS
ENGINEER, KUKKE SREE SUBRAMANYA TEMPLE
SUBRAMANYA, KADABA TALUK
DAKSHINA KANNADA - 574238.
2. SREE SARVESHWARA KEKUNNAYA
S/O GOPALAKRISHNA
AGED ABOUT 60 YEARS
PUROHITA KUKKE SREE SUBRAMANYA TEMPLE
SUBRAMANYA, KADABA TALUK
DAKSHINA KANNADA - 574238.
3. SRI. SUBRAMANYA KONARYA
S/O RAMACHANDRA KONARYA
AGED ABOUT 62 YEARS
PUROHITA, KUKKE SREE SUBRAMANYA TEMPLE
SUBRAMANYA, KADABA TALUK
DAKSHINA KANNADA - 574238.
4. SRI. ANANTHA PADMANABHA ACHAR
S/O LATE SRINIVAS ACHAR
AGED ABOUT 65 YEARS
FIRST DIVISION ASSISTANT
KUKKE SREE SUBRAMANYA TEMPLE
SUBRAMANYA, KADABA TALUK
DAKSHINA KANNADA-574238.
5. SRI. N. PADMANABHA SHETTIGAR
S/O LATE SRINIVAS ACHAR
AGED ABOUT 63 YEARS
FIRST DIVISION ASSISTANT
KUKKE SREE SUBRAMANYA TEMPLE
SUBRAMANYA, KADABA TALUK
DAKSHINA KANNADA-574238.
6. SRI. K. M. GOPINATHAN
S/O LATE SRIDHAR NAMBISHAN
AGED ABOUT 57 YEARS
FIRST DIVISION ASSISTANT
KUKKE SREE SUBRAMANYA TEMPLE
SUBRAMANYA, KADABA TALUK
DAKSHINA KANNADA-574238.
7. SRI. THAMBA NAYAR
S/O LATE KELU NAYAR
AGED ABOUT 59 YEARS
FIRST DIVISION ASSISTANT
KUKKE SREE SUBRAMANYA TEMPLE
SUBRAMANYA, KADABA TALUK
DAKSHINA KANNADA-574238.
8. SRI. K.V. BALASUBRAMANYA MARAR
S/O LATE BALAKRISHNA MARAR
AGED ABOUT 59 YEARS
FIRST DIVISION ASSISTANT
KUKKE SREE SUBRAMANYA TEMPLE
SUBRAMANYA, KADABA TALUK
DAKSHINA KANNADA-574238.
9. SRI. S. RAMESH
S/O KRISHNAIAH
AGED ABOUT 64 YEARS
FIRST DIVISION ASSISTANT
KUKKE SREE SUBRAMANYA TEMPLE
SUBRAMANYA, KADABA TALUK
DAKSHINA KANNADA-574238.
10. SRI. B. BALAKRISHNA BHAT
S/O B. NARASIMHA BHAT
AGED ABOUT 63 YEARS
FIRST DIVISION ASSISTANT
KUKKE SREE SUBRAMANYA TEMPLE
SUBRAMANYA, KADABA TALUK
DAKSHINA KANNADA-574238.
11. SRI. MAHABALESHWARA .D
S/O LATE ELYANNA GOWDA
AGED ABOUT 56 YEARS
FIRST DIVISION ASSISTANT
KUKKE SREE SUBRAMANYA TEMPLE
SUBRAMANYA, KADABA TALUK
DAKSHINA KANNADA-574238.
12. SRI. DHARMAPALA
S/O VEERAPPA GOWDA
AGED ABOUT 57 YEARS
FIRST DIVISION ASSISTANT
KUKKE SREE SUBRAMANYA TEMPLE
SUBRAMANYA, KADABA TALUK
DAKSHINA KANNADA-574238.
13. SRI. H. PRASANNA
S/O LATE SRINIVASA ACHAR
AGED ABOUT 58 YEARS
FIRST DIVISION ASSISTANT
KUKKE SREE SUBRAMANYA TEMPLE
SUBRAMANYA, KADABA TALUK
DAKSHINA KANNADA-574238.
14. SRI. K.S. SUBRAMANYA
S/O SUBARAYA BHAT
AGED ABOUT 54 YEARS
FIRST DIVISION ASSISTANT
KUKKE SREE SUBRAMANYA TEMPLE
SUBRAMANYA, KADABA TALUK
DAKSHINA KANNADA-574238.
15. SRI. K. NONAPPA
S/O SUBRAYA GOWDA
AGED ABOUT 55 YEARS
FI
