M/S KARNATAKA STATE RETIRED POLICE OFFICERS WELFARE ASSOCIATIAON (R) v. STATE OF KARNATAKA
WP/32791/2024 · 2025-01-28
S G Pandit
body2025
DailyLaw.ai
[ 2025 DAILYLAW 35827 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 35827 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:3772 WP No. 32791 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO. 32791 OF 2024 (S-RES) BETWEEN:
M/S. KARNATAKA STATE RETIRED POLICE OFFICERS WELFARE ASSOCIATION (R) REGISTERED UNDER KARNATAKA SOCIETIES REGISTRATION ACT, 1986 HAVING ITS REGISTERED OFFICE AT NO. 4/2, MAGADI ROAD POLICE COLONY MAGADI ROAD BANGALORE-560 023 REPRESENTED BY ITS SECRETARY MR. SHANKARAPPA M. …PETITIONER (BY SRI. AJAY KADKOL T., ADV. (VC))
AND:
1. STATE OF KARNATAKA VIDHANA SOUDHA VIDHANA VEEDHI DR. B R AMBEDKAR ROAD BANGALORE- 560 001 REP. BY ITS CHIEF SECRETARY. 2. HOME DEPARTMENT GOVERNMENT OF KARNATAKA 2ND FLOOR, VIDHANA SOUDHA VIDHANA VEEDHI, DR. B R AMBEDKAR ROAD BANGALORE- 560 001 REP. BY ITS ADDL. CHIEF SECRETARY. 3. KARNATAKA STATE POLICE DEPARTMENT STATE POLICE HEADQUARTERS
Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:3772 WP No. 32791 of 2024
NRUPATUNGA ROAD BANGALORE- 560 001 REP. BY THE DIRECTOR GENERAL AND INSPECTOR GENERAL OF POLICE. 4. DEPARTMENT OF TREASURIES GOVERNMENT OF KARNATAKA 6TH FLOOR, KPCL GREEN BUILDING PALACE ROAD, BANGALORE 560 001 REP. BY ITS COMMISSIONER. …RESPONDENTS (BY SRI.SHIVAPRABHU HIREMATH, AGA FOR R1 TO R4)
THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE R2 TO CONSIDER THE REPRESENTATION DATED 19.08.2024, FORTHWITH, FILED BY THE PETITIONER ASSOCIATION, WHICH IS PRODUCED AS ANNX-A; B. DIRECTING THE SECOND RESPONDENT TO ISSUE NECESSARY DIRECTIONS TO THE THIRD AND FOURTH RESPONDENTS TO TAKE STEPS FOR REDUCTION OF THE COMMUTATION PERIOD FROM 15 YEARS TO 11 YEARS AS SOUGHT FOR BY THE PETITIONER ASSOCIATION IN THE SUBJECT REPRESENTATION WHICH IS PRODUCED AS ANNEXURE –A AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR JUSTICE S.G.PANDIT
ORAL ORDER
Learned Additional Government Advocate accepts notice for respondents. 2. Heard the learned counsel Sri.Ajay Kadkol.T., for petitioner through video conference and learned Additional Government Advocate for respondents. Perused the writ petition papers. - 3 -
NC: 2025:KHC:3772 WP No. 32791 of 2024
3. The petitioner-Association i.e., M/s. Karnataka State Retired Police Officers Welfare Association is an Association of retired Police Officers of the second respondent – Home Department.
The petitioner-Association has sought for a direction to consider the representation as at Annexure-A wherein they have requested the State Government to take steps for reduction of the commutation period and to take steps to repay the excess amounts recovered from the Constituents of the Petitioner Association, upon computation of period of Commutation from 15 years to a reduced 11 years. 4. The subject matter relates to the service condition of the retired Police Officers and for redressal of their grievance with regard to service condition, alternate Forum is created under the State Administrative Tribunals Act, 1985 (for short, ‘1985 Act’). When a statue provides special Forum for redressal of grievance, normally this Court under Article 226 of the Constitution of India would refuse to exercise its jurisdiction. - 4 -
NC: 2025:KHC:3772 WP No. 32791 of 2024
5. Since the grievance of the petitioner- Association relates to the retrial benefits of its members, it would be appropriate for the members of the petitioner- Association to approach the Forum created under 1985 Act. 6. With the above observations, writ petition stands disposed of with liberty to the petitioner- Association to approach the alternate Forum for rederssal of grievance of its members. All contentions are left open. Sd/- (S.G.PANDIT) JUDGE
NC CT:bms List No.: 1 Sl No.: 32