- 1 - NC: 2025:KHC:8177 WP No. 36142 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO. 36142 OF 2024 (S-R) BETWEEN: SRI. C. DEVARAJA AGED ABOUT 62 YEARS S/O LATE SRI CHIKKARANGAIAH RETIRED ASSISTANT SUB INSPETOR BENGALURU RAILWAY DIVISION OF SWR R/AT 7TH CROSS, KAMAT LAYOUT NEAR CHANNANAYAKARA PALYA NAGASANDRA POST BENGALURU -560 073. …PETITIONER (BY SRI. P A KULKARNI, ADV.) AND: 1. GENERAL MANAGER SOUTH WESTERN RAILWAY GADAG ROAD HUBBALLI- 580 020. 2. DIVISIONAL RAILWAY MANAGER PERSONNEL BRANCH SOUTH WESTERN RAILWAY BENGALURU DIVISION Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8177 WP No. 36142 of 2024 BENGALURU- 560 023. 3. SENIOR DIVISIONAL SECURITY COMMISSIONER BENGALURU DIVSIION SOUTH WESTERN RAILWAY BENGALURU- 560 023. 4. IG CUM PRINCIPAL CHIEF SECURITY COMMISSIONER RAILWAY PROTECTION FORCE (RPF) RAIL SOUDHA, GADAG ROAD HUBBALLI - 580 020. 5. SENIOR DIVISIONAL FINANCE MANAGER SWR, BENALURU DIVISION BENGALURU- 560 023. …RESPONDENTS (BY SRI. B PRAMOD, ADV. FOR R1- R5) THIS PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO A) HOLD THAT AS PER THE PUNISHMENT ORDER NO.CXC/P227/APPEAL- CD/ASI/YPR/SBC DATED 21.04.2022 ANN-E PASSED BY APPELLATE AUTHORITY IG-CUM-PRINCIPAL CHIEF SECURITY COMMISSIONER, RAILWAY PROTECTION FORCE SOUTH WESTERN RAILWAY HUBBALLI R-4 HEREIN, PETITIONER IS ENTITLED FOR RESTORATION OF HIS PAY OF RS.52500/- AND GRADE PAY DRAWN BY HIM IN THE GRADE OF ASSISTANT SUB-INSPECTOR JUST BEFORE THE PUNISHMENT ORDER FOR THE PURPOSE OF PENSION AND PENSIONARY BENEFITS WORKING OUT BY THE ADMINISTRATION AND ETC. - 3 - NC: 2025:KHC:8177 WP No. 36142 of 2024 THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.G.PANDIT ORAL ORDER Heard learned counsel Sri.P.A.Kulkarni and Sri.B.Pramod for respondents. Perused the writ petition papers. 2. Learned counsel for the petitioner Sri.Kulkarni would submit that the petitioner was imposed with penalty of reduction in rank from Assistant Sub-Inspector to Head Constable with cumulative effect. Aggrieved by the same, the petitioner filed an appeal and in the appeal, respondent No.4 by order dated 21.04.2022 modified order of punishment and held that reduction would be with non-cumulative effect till 30.06.2022. It is submitted that the petitioner retired from service on attaining the age of superannuation on 30.06.2022. Learned counsel would invite attention of this Court to Pension Payment Order and submits that pension is fixed taking into account the - 4 - NC: 2025:KHC:8177 WP No. 36142 of 2024 reduced pay in terms of penalty order, which the respondents could not have taken note of. He submits that the Appellate Authority has modified the punishment to “non-cumulative effect” which would mean that the punishment would end on the date specified therein and his pay would get restored. Hence, he prays for a direction to the respondents to fix his pension on the basis of last pay drawn in the Assistant Sub-Inspector Grade, taking note of the modified appellate order. 3. Learned counsel Sri B.Pramod has filed statement of objections today before the Court. Referring to the statement of objections, learned counsel Sri.Pramod would submit that the petitioner had also filed mercy petition and the said petition was returned by communication dated 01.05.2024 stating that the mercy petition ought to have been submitted to Hon’ble President of India. In the light of the stand taken in the reply statement, learned counsel Sri.Pramod seeks leave to pass appropriate order. - 5 - NC: 2025:KHC:8177 WP No. 36142 of 2024 4. It is an admitted fact that the petitioner was imposed with penalty of reduction in rank from Assistant Sub- Inspector to Head Constable “with cumulative effect”. On appeal, the Appellate Authority modified the punishment to “non-cumulative effect” till 30.06.2022. By virtue of the modified appellate order, the petitioner’s pay after the period of punishment would get restored to its original position. The respondents are not justified in fixing the pension of the petitioner on the reduced pay and the respondents ought to have acted upon modified order of the Appellate Authority. 5. In the light of the stand taken by the respondents in their statement of objections, the respondents are directed to pass appropriate order, keeping in mind the modified appellate order. Hence, the following order: The respondents are directed to pass appropriate order revising the pension of the petitioner, taking into consideration the modified appellate order dated - 6 - NC: 2025:KHC:8177 WP No. 36142 of 2024 21.04.2022 (Annexure-E) keeping in mind the observations made above. With the above, the writ petition stands disposed of. Time for compliance: Six weeks from today. SD/- (S.G.PANDIT) JUDGE MPK CT:bms List No.: 1 Sl No.: 56