Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 29954 (KAR)

SHRI B C NAGARAJ v. STATE OF KARNATAKA

WP/20050/2024 · 2025-01-09

S G Pandit

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:731 WP No. 20050 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO. 20050 OF 2024 (S-RES) BETWEEN: SHRI B.C. NAGARAJ, S/O LATE B.S. CHANNAPPA, AGED ABOUT 85 YEARS, RTD. SELECTION GRADE, PHYSICAL EDUCATION DIRECTOR, (GOVT. ARTS COLLEGE, BENGALURU), R/AT NO.317, 4TH CROSS, 4TH MAIN, VIDYAGIRI LAYOUT, NAGARBHAVI I STAGE, BENGALURU-560 072 …PETITIONER (BY SRI. ASHOK R. KALYANASHETTY, ADVOCATE) AND: 1. STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HIGHER EDUCATION, M.S. BUILDING, AMBEDKAR VEEDHI, BENGALURU-560 001. 2. THE COMMISSIONER OF COLLEGIATE EDUCATION, OFFICE OF THE COMMISSIONER OF COLLEGIATE EDUCATION, NRUPATHUNGA ROAD, BENGALURU-560 001. Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:731 WP No. 20050 of 2024 3. DEPARTMENT OF FINANCE BY ITS PRINCIPAL SECRETARY, VIDHANA SOUDHA, DR. B.R. AMBEDKAR VEEDHI, BENGALURU-560 001. 4. THE ACCOUNTANT GENERAL, (A AND E), KARNATAKA, P.B. NO.5369, RESIDENCY PARK ROAD, BENGALURU-560 001 …RESPONDENTS (BY SRI. NAVEEN CHANDRASHEKHAR, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENTS TO FIX AND PAY THE REVISED PENSION OF THE PETITIONER IN TERMS OF AND ON THE LINE OF GOVERNMENT ORDER NO. FD (SPL) 2 PET 99 BANGALORE DATED 15.2.1999 AT ANNEXURE - D OTHER GOVERNMENT ORDERS PERTAINING TO REVISION OF PENSIONARY BENEFITS ISSUED BY THE GOVERNMENT FROM TIME TO TIME INCLUDING THE GOVERNMENT ORDERS BEARING NOS. FD 03 PEN 2007 (1) BANGALORE DATED 06-06-2007 AT ANNEXURE-G, FD 81 PEN 2012 BANGALORE DATED 03-05-2012 AT ANNEXURE-H, FD 33 PEN 2018 BANGALORE DATED 24-04-2018 AT ANNEXURE-J, WITH ALL CONSEQUENTIAL BENEFITS INCLUDING ARREARS WITH INTEREST AT 6 PERCENTAGE FROM THE DATE IT FELL DUE IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.G.PANDIT - 3 - NC: 2025:KHC:731 WP No. 20050 of 2024 ORAL ORDER The petitioner, a retired Selection Grade Physical Education Director, Government Arts College, is before this Court with a prayer for mandamus or any other order or direction, directing the respondents to fix and pay the revised pension in terms of Government Order No.FD (Spl) 2 PET 99 Bangalore dated 15.02.1999 (Annexure-D) and for other reliefs. 2. The petitioner is a retired Government Servant. For redressal of his grievance, Special Forum is provided under the provisions of the Administrative Tribunals Act, 1985 (for short '1985 Act'). When a statute provides Forum for redressal of petitioner's grievance, it is for the petitioner to approach the Forum created under 1985 Act. Since the petitioner is provided with an alternative forum for redressal of his grievance, I decline to exercise jurisdiction under Article 226 of the Constitution of India. Accordingly, with liberty to the petitioner to approach appropriate Forum, writ petition stands disposed off. Sd/- (S.G.PANDIT) JUDGE SMJ List No.: 1 Sl No.: 7