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2026 DAILYLAW 22107 (KAR)

SRI HARIKUMAR MELATH v. UNION OF INDIA

/34/2026 · 2026-06-12

Rajesh Rai K, S G Pandit

Review Petitionbody2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:28442-DB RP No. 34 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JUNE, 2026 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE RAJESH RAI K REVIEW PETITION NO. 34 OF 2026 BETWEEN: SRI. HARIKUMAR MELATH S/O V GOPALAN ADIYODI, AGED ABOUT 49 YEARS, PRESENTLY WORKING AS SFO-II ON DEPUTATION AT AERONAUTICAL DEVELOPMENT AGENCY, RAMESH NAGAR, BENGALURU – 560 017. (BORNE ON THE STRENGTH OF PARENT ORGANISATION OF CDA (R&D), C V RAMAN NAGAR, BENGALURU- 560 093 AS SAO/98334222) NOW RESIDING AT D-12/1, BLOCK -12, DRDO TOWNSHIP PHASE-I, OPPOSITE CGHS C V RAMAN NAGAR, BENGALURU NORTH - 560 093 …PETITIONER (BY SRI. HARIKUMAR MELATH, PARTY IN PERSON) AND: 1. UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF FINANCE, Digitally signed by NANJUNDACHARI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:28442-DB RP No. 34 of 2026 DEPARTMENT OF EXPENDITURE, NORTH BLOCK, NEW DELHI - 110 001. 2. MINISTRY OF DEFENCE (FINANCE), REPRESENTED BY ITS SECRETARY, SOUTH BLOCK, NEW DELHI - 110 001. 3. THE CONTROLLER GENERAL OF DEFENCE ACCOUNTS, (UNDER MINISTRY OF DEFENCE) ULAN BATAR ROAD, PALAM, DELHI CANT - 110 010. 4. THE PRINCIPAL CONTROLLER OF DEFENCE ACCOUNTS, (UNDER MINISTRY OF DEFENCE) 107, LOWER AGRAM ROAD, AGRAM POST, BENGALURU - 560 007. 5. THE CONTROLLER OF DEFENCE ACCOUNTS (RESEARCH DEVELOPMENT), (UNDER MINISTRY OF DEFENCE) C.V. RAMAN NAGAR, BENGALURU - 560 093. 6. SRI. V N HARIHARAN, S/O SRI NARAYANA SWAMY, AGED ABOUT 60 YEARS, SAO(RETD.), PRESENTLY RESIDING AT B-101, BOLLINENI SILAS, BELATHUR MAIN ROAD, KADUGODI, BENGALURU – 560 067. 7. SRI. D R KARIM, S/O SRI RASUL, AGED ABOUT 52 YEARS, PRESENTLY WORKING AS SAO IN - 3 - HC-KAR NC: 2026:KHC:28442-DB RP No. 34 of 2026 IFA ENC, HQENC, COMPLEX, 6TH FLOOR, SCINDIA, VISAKHAPAΑΤΝΑΜ – 530 005. PRESENTLY RESIDING AT KSSK ANNAPURNA ENCLAVE, FLAT NO 3, SHIPYARD LAYOUT ROAD NO.6, SIMHAPURI COLONY, VISAKHAPATNAM-530047. 8. SRI. S NAGABHUSHANA REDDY, S/O LATE S. THIPPA REDDY, AGED ABOUT 60 YEARS, SAO(RETD.) PRESENTLY RESIDING AT 202, R-1, 13TH MAIN, SANKALPA LAYOUT, NRI LAYOUT, BANGALORE -560016. 9. SMT. ANITHA K.N, W/O SRI P MANOJ KUMAR, AGED ABOUT 52 YEARS, PRESENTLY WORKING AS SAO IN AO GE KARWAR-581308. PRESENTLY RESIDING AT P-142/3, KADAMBAVANAM, NAVAL BASE PO, KARWAR-581308. 10. SRI. T.A SRINIVASA, S/O C ANJANEYA, AGED ABOUT 55 YEARS, PRESENTLY WORKING AS SAO IN PCDA(SC) AGARKAR NAGAR PUNE-411001. PRESENTLY RESIDING AT QTR NO 1/7, DAD RESIDENTIAL COMPLEX, - 4 - HC-KAR NC: 2026:KHC:28442-DB RP No. 34 of 2026 CHITRAGUPTA COLONY, PUNE 411 002. 11. SMT. P ARUNA SUDHA PARIMALA, W/O P AJAY KUMAR, AGED ABOUT 49 YEARS, PRESENTLY WORKING AS SAO IN CDA RTC (SR), C V RAMANNAGAR, BANGALORE – 560 093. PRESENTLY RESIDING AT QTR NO.D 19/8, DAD QUARTERS, CAMBRIDGE LAYOUT, ULSOOR, BANGALORE – 560 008. 12. SRI. KOUSHIK SIKDAR, S/O SRI. NITISH RANJAN SIKDAR AGED ABOUT 50 YEARS, PRESENTLY WORKING AS SAO IN SR. DY. IFA (CG/N) PORBANDAR. COASTGUARD DHQ - 1 GUJARAT - 360575. PRESENTLY RESIDING AT FLAT 503, RIVERA HEIGHTS, NK NAGAR, AIRPORT AREA, PORBANDAR, GUJARAT – 360 575. 13. SRI. GIRISH KUMAR V.G S/O V P GOPALA KRISHNAN NAIR, AGED ABOUT 48 YEARS, PRESENTLY WORKING AS SAO IN PAO (ORS) ASC SOUTH, AGRAM POST, BANGALORE -560017. PRESENTLY RESIDING AT QTR NO. C-18/8, DAD RESIDENTIAL COMPLEX, ULSOOR, BANGALORE – 560 008. - 5 - HC-KAR NC: 2026:KHC:28442-DB RP No. 34 of 2026 14. MADHU SUDHAN, S/O GOPALA SWAMY, AGED ABOUT 48 YEARS, PRESENTLY WORKING AS SAO IN PCDA(R&D), HYDERBAD, OPP DRDL GATE, KANCHANBAGH, HYDERABAD-500 058. PRESENTLY RESIDING AT J 206, SRI MAHALAXMI RESIDENCY, GOLDEN HEIGHTS COLONY, UPPERPALLY, HYDERABAD -500048. …RESPONDENTS (BY SMT. ANUPAMA HEGDE, CGSC FOR R1- R5) THIS RP IS FILED UNDER SECTION 114 R/W ORDER 41 RULE 1 OF CPC, PRAYING TO REVIEW THE ORDER DATED 05.01.2016 (ANNEXURE A) PASSED IN WP NO.59914/2014, IN SO FAR AS THE REVIEW PETITIONER IS CONCERNED AND PASS ORDERS OR DIRECTIONS AS THIS HONOURABLE COURT THINKS FIT IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.G.PANDIT AND HON'BLE MR. JUSTICE RAJESH RAI K ORAL ORDER (PER: HON'BLE MR. JUSTICE S.G.PANDIT) This review petition is filed under Order 47 Rule 1 of the Code of Civil Procedure, 1908 with a prayer to review - 6 - HC-KAR NC: 2026:KHC:28442-DB RP No. 34 of 2026 order dated 05.01.2016 in W.P.No.59914/2014, whereunder, this Court had passed the following order: “The Union of India has preferred these writ petitions challenging the order passed by the Central Administrative Tribunal, Bangalore Bench, where the matter was remitted back to the respondents to decide the following questions:- i) Whether the applicants herein are also in the same factual and legal situation as the applicants in other connected O.As? ii) If they are in the same situation as above, grant them the same extent of benefits? 2. While passing the said order, the Tribunal took note of the fact that the question involved is covered by several orders of Allahabad, Patna, Chandigarh and Lucknow Benches of the Tribunal. 3. Learned counsel for the petitioners submits that against a similar order passed by the Hyderabad Bench and Hyderabad High Court, the Special Leave Petition in SLP.CC.No.9986/2015 is preferred and the same is pending consideration before the Apex Court. He submits that these writ petitions may be disposed of with an observation that whatever the law laid down by the Apex Court in the - 7 - HC-KAR NC: 2026:KHC:28442-DB RP No. 34 of 2026 aforesaid case, would bind the parties and the authorities have to decide those issues in the light of the same. Accordingly, we pass the following order:- Writ Petitions are disposed of with an observation that once the Apex Court decides SLP.CC.No.9986/2015 or any other SLPs pending before the Apex Court the authority shall give effect to the said order even in respect of this case.” 2. It is brought to our notice that SLP.CC.No.9986/2015 was dismissed by the Hon'ble Apex Court by its order dated 30.01.2018 (Annexure-D). 3. Heard party-in-person Sri.Harikumar Melath who is present before the Court as well as learned Central Government Standing Counsel Smt.Anupama Hegde for respondents. 4. The party-in-person would submit that in Civil Appeal No.3052/2019 arising out of SLP(C).No.26336/2018, the decision rendered in UNION OF INDIA AND OTHERS VS. K.V.RAMA RAJU AND OTHERS - 8 - HC-KAR NC: 2026:KHC:28442-DB RP No. 34 of 2026 (2018 (2) SCALE 239) has been distinguished. Therefore, he has filed the present review petition. Further, the party-in-person would submit that his O.A before the Tribunal was disposed of placing reliance on the order dated 28.03.2014 in O.A.No.293/2011 and O.A.No.487/2014 of the Allahabad Bench. According to the party-in-person, the said order was confirmed by the Hon'ble Apex Court. Therefore, he would submit that impugned order requires to be reviewed and it is to be held that the petitioner would be entitled to whatever relief is granted to the applicants in O.A.No.293/2011 and O.A.No.487/2014 dated 28.03.2014 before the Allahabad Bench. 5. Learned Central Government Standing Counsel Smt.Anupama Hegde would submit that in view of categorical observations of this Court that the decision in SLP.CC.No.9986/2015 is in no way helpful to the petitioner and as the said SLP is dismissed, the party-in-person would not be entitled for any relief. - 9 - HC-KAR NC: 2026:KHC:28442-DB RP No. 34 of 2026 6. Having heard the party-in-person and learned Central Government Standing Counsel for the respondents, we are of the opinion that the party-in- person has not made out any ground to review the order or he has pointed out any error on the face of the record to review the order. 7. We have gone through the order of this Court wherein the petitioner’s writ petition was disposed of with an observation that once SLP.CC.No.9986/2015 or any other SLPs pending before the Apex Court are decided, the authority shall give effect to the said order even in respect of this case. When SLP.CC.No.9986/2015 filed by the Union of India is allowed and order of the High Court as well as CAT is set aside by order dated 31.01.2018, the petitioner would not be entitled for any relief. 8. Moreover, in Civil Appeal No.3052/2019 dated 14.02.2019, the Hon'ble Apex Court has distinguished the decision in K.V.RAMA RAJU (supra) while dismissing the - 10 - HC-KAR NC: 2026:KHC:28442-DB RP No. 34 of 2026 SLP of the Union and the same would in no way assist the party-in-person. 9. Accordingly, review petition stands rejected. 10. In view of rejection of the review petition, all the pending I.As would not survive for consideration and accordingly stands disposed of. SD/- (S.G.PANDIT) JUDGE SD/- (RAJESH RAI K) JUDGE NC CT: RK List No.: 1 Sl No.: 5