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2026 DAILYLAW 49668 (KAR)

THE CONTROLLER GENERAL OF DEFENCE ACCOUNTS v. JOSEPH VARKEY

WP/18785/2015 · 2026-01-28

K V Aravind, S G Pandit

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- 1 - HC-KAR NC: 2026:KHC:4585-DB WP No. 18785 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION No. 18785 OF 2015 (S-KAT) BETWEEN: 1. THE CONTROLLER GENERAL OF DEFENCE ACCOUNTS, ULAN BATAR ROAD, DELHI CANTT, DELHI-110010. 2. THE PRINCIPAL CONTROLLER OF DEFENCE ACCOUNTS 107, LOWER AGRAM ROAD, BENGALURU - 560007. 3. THE CONTROLLER OF DEFENCE ACCOUNTS (R&D) C.V. RAMAN NAGAR, BENGALURU 560093. 4. THE UNION OF INDIA REPRESENTED BY ITS SECRETARY MINISTRY OF DEFENCE, SOUTH BLOCK, NEW DELHI - 110011. …PETITIONERS (BY SRI. K. S. ANASURYADEVI, CGC FOR P1 TO P4) Digitally signed by VALLI MARIMUTHU Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:4585-DB WP No. 18785 of 2015 AND: 1. JOSEPH VARKEY SON OF K. JOSEPH AGED ABOUT 61 YEARS, RETD., AS SENIOR ACCOUNTS OFFICER O/O THE PAO (MEG&C), BENGALURU - 560042 RESIDENT OF THY WILL, No.34, CAMBRIDGE GARDEN, KODIGEHALLI ROAD, AIYAPPA NAGAR, K.R. PURAM, BENGALURU - 560079. 2. RAJESHWARI P. MURTHY, WIFE OF Y.G. PRAKASH MURTHY, AGED ABOUT 61 YEARS, RETD. AS SENIOR ACCOUNTS OFFICER O/O THE AO, GE(NORTH), BENGALURU RESIDENT OF No.68/1, RMV II STAGE, NAGASHETTY HALLI, BENGALURU - 560094. 3. K. SAVITRI, D/O LATE B.V. KRISHNAMURTHY, AGED ABOUT 60 YEARS, RETD. AS ACDA O/O PCDS, AGRAM POST, BENGALURU - 560007, RESIDENT OF No.3/1, BANK OF BARODA COLONY, 5TH MAIN , JP NAGAR, 7TH PHASE, PUTANAHALLI, BENGALURU - 560078. - 3 - HC-KAR NC: 2026:KHC:4585-DB WP No. 18785 of 2015 4. V. GANESHAN, SON OF LATE G.V. VENUGOPALAN, AGED ABOUT 60 YEARS, RETD. AS DCDA O/O THE CDA (R&D), C.V. RAMAN NAGAR, BENGALURU - 560093. RESIDENT OF No.17, 1ST CROSS, GULAPPA LAYOUT, BEHIND GOVT. KANNADA PRIMARY SCHOOL, MAHADEVAPURA, BENGALURU - 560048. 5. KAMALA RAGHURAM, WIFE OF N. RAGHURAM, AGED ABOUT 58 YEARS, WORKING AS ACDA, O/O, THE APO(ORS), PCTC, BENGALURU. RESIDENT OF No.344, 7TH CROSS, 9TH MAIN, HMT LAYOUT, 3RD BLOCK, VIDYARANYAPURA, BENGALURU - 560097. 6. V. HEMALATHA, WIFE OF R. VENKATARAMAN, AGED ABOUT 56 YEARS, WORKING AS ACDA, O/O THE DCDA, HALL, BENGALURU - 560019. R/O L 604, PURVA FOUNTAIN SQUARE, MARATHAHALLI, NEAR SPICE GARDEN BENGALURU -560037. 7. NARENDRA KUMAR GOWDA, SON OF V.M. PATIL, AGED ABOUT 60 YEARS, RETD. AS ACDA, - 4 - HC-KAR NC: 2026:KHC:4585-DB WP No. 18785 of 2015 O/O THE PAO(ORS), PARA REGT, BENGALURU -560006. 25, 4TH CROSS, SHANTIVANA BENGALURU - 560092. 8. P.V MATHEW, SON OF (LATE) P.K VARGHESE, AGED ABOUT 60 YEARS, WORKING AS ACDA, O/O PAO(ORS) PARA REGT, BENGALURU - 560006 RESIDENT OF No.D/20/4, DAD RESIDENTIAL COMPLEX, CAMBRIDGE LAYOUT, BENGALURU - 560008. …RESPONDENTS (BY SRI JOSEPH VARKEY, PARTY-IN-PERSON FOR R1; SRI RAJESHWARI P MURTHY, PARTY IN PERSON FOR R2; SMT. KOMALA RAGHURAM, PARTY-IN -PERSON FOR R5; SRI P.V. MATHEW, PARTY IN PERSON FOR R8; R3, R4, R6 AND R7 ARE SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 30.06.2014 O.A. No.1095- 1102/2013, PASSED BY THE HON'BLE CAT, BANGALORE BENCH, (ANNEXURE-A TO WP). THIS PETITION, COMING ON FOR HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 5 - HC-KAR NC: 2026:KHC:4585-DB WP No. 18785 of 2015 CORAM: HON'BLE MR. JUSTICE S.G.PANDIT and HON'BLE MR. JUSTICE K. V. ARAVIND ORAL ORDER (PER: HON'BLE MR. JUSTICE S.G.PANDIT) The petitioners-Union of India and its authorities are before this Court under Article 226 of the Constitution of India questioning the order dated 30.06.2014 in Original Application Nos.1095-1102/2013 passed by the Central Administrative Tribunal, Bangalore Bench at Bangalore (for short, 'Tribunal'), wherein the Tribunal passed the following order: "13. For the forgoing reasons, we are of the considered view, the applicants have established for grant of relief of direction to step up of their pay at par with that of their junior Shri L.Narahari from 3.7.1995. Since the OAs are filed on 7.10.2013, the monetary benefits, however will be limited to the period starting three years prior to 7.10.2013, the date on which the present OAs are filed. The respondents have not justified for rejection of the reliefs, but the direction of this Tribunal in the earlier OAs are to be extended to the present applicants, since they are similarly situated, which is binding on them. Accordingly the respondents are directed to extend the benefit of stepping up of pay as observed supra within a period of three months from the date of receipt of a copy of this order." 2. Heard Smt. K.S. Anusuyadevi, learned Central Government Counsel for petitioner Nos.1 to 4 and Party-in- - 6 - HC-KAR NC: 2026:KHC:4585-DB WP No. 18785 of 2015 persons Sri Joseph Varkey-R1; Smt. Rajeshwari P Murthy-R2; Smt. Komala Raghuram-R5; Sri P.V. Mathew-R8. 3. The respondents approached the Tribunal with a prayer to direct the respondents therein who are petitioners herein to step up the pay to that of their junior(s) from 03.07.1995 and consequently revise the pay and to grant consequential benefits including revision on retirement benefits and arrears of revision of such retirement benefits. 4. Under the impugned order, the Tribunal, following its earlier decision in Shri L. Narahari and several other O.As, allowed O.As filed by the respondents herein and issued directions as culled out above. 5. The Tribunal at paragraph (12) of its order has given a categorical finding that the respondents herein who were applicants before the Tribunal are seniors to one Shri L. Narahari and that in other O.As, the stepping up of pay on par with Shri L. Narahari was decided and settled which has attained finality. - 7 - HC-KAR NC: 2026:KHC:4585-DB WP No. 18785 of 2015 6. The petitioners herein who were before this Court in Writ Petition Nos.18786/2015 and 34229/2015 questioning the order dated 08.07.2014 in O.A. No.327 and 328 of 2014, wherein the Tribunal had granted similar relief of stepping up of pay of the applicants therein on par with Shri L. Narahari. This Court by a detailed order dated 25.01.2016 in the above stated writ petitions, rejected the writ petitions of the petitioners and confirmed the order passed by the Tribunal. The said order of the Coordinate Bench was taken up in SLP(c) No.4381- 4382/2017 and the Hon'ble Apex Court by order dated 10.05.2024 refused to interfere with the order passed by Tribunal as well as of this Court. 7. The petitioner-Authorities would also not dispute the fact that Shri L. Narahari who is given benefit, is junior to the respondents herein. 8. There is no reason to disagree with the order passed by the Coordinate Bench of this Court dated 25.01.2016 in Writ Petition Nos.18786/2015 and 34229/2015. - 8 - HC-KAR NC: 2026:KHC:4585-DB WP No. 18785 of 2015 9. Following the aforesaid decision, the present writ petition also stands rejected. Sd/- (S.G.PANDIT) JUDGE Sd/- (K. V. ARAVIND) JUDGE DDU List No.: 1 Sl No.: 13