IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 6TH DAY OF SEPTEMBER 2013
BEFORE
THE HON’BLE MR. JUSTICE RAM MOHAN REDDY
WRIT PETITION Nos.42349-42501/2011 (S-RES) C/W. WRIT PETITION Nos.10072-10081/2012 (L-PF)
IN W.P. Nos.42349-42501/2011
BETWEEN :
1.KARNATAKA STATE ROAD TRANSPORT RETIRED EMPLOYEES WELFARE ASSOCIATION (REG) SREE RAJARAJESHWARI NILAYA MAIN ROAD, HASSAN-573 201 REP BY ITS PRESIDENT MR B K NAGARAJ S/O LATE B KRISHNAPPA AGED ABOUR 74 YEARS
2.SHRI P KRISHNA MURTHY S/O LATE M PARMESHWARA AGED ABOUT 73 YEARS RESIDING AT NO. 122, NALLUR GATE CHIKKAMAGALUR
3.C V VIRUPAKSHA S/O CHANNAPPAGOWDA AGED ABOUT 72 YEARS R/AT CHRISTIN COLONY M G CROSS ROAD CHIKKAMAGALUR
4.SHRI AMEER JAN S/O LATE ABDUL KHADER AGED ABOUT 72 YEARS R/AT DOBIMOHALLA
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KOTE, ARKALGUD HASSAN DISTRICT
5.SHRI VEERASHETTY C S/O LATE K S CHANNAVEERASHETTY AGED ABOUT 65 YEARS R/A VEERABHADRESHWARA TEMPLE ROAD KERALAPURA, ARKALGUD TALUK HASSAN DISTRICT
6.SHRI K M JAYADEVAPPA S/O LATE MALLESHAPPA H R AGED ABOUT 71 YEARS R/AT KENCHAMMANA HOSAKOTE ALUR TALUK HASSAN DISTRICT
7.SHRI H N RAJU S/O LATE NARAHARI ACHAR AGED ABOUT 59 YEARS R/AT SRIRAMANAGARA NEAR RTO HASSAN TALUK & DISTRICT
8.SHRI H N DODDAIAH S/O LATE NANJAPPA AGED ABOUT 60 YEARS R/A 339, VIVEKANAGARA GOWRIKOPPALU HASSAN DISTRICT
9.SHRI B GUNDEGOWDA S/O LATE BEETEGOWDA AGED ABOUT 70 YEARS R/AT RAJAGHATTA HASSAN DISTRICT
10.Y N THIRUMALACHAR S/O LATE Y N NARASIMHACHAR AGED ABOUT 64 YEARS R/A PWD COLONY COLLEGE ROAD HASSAN DISTRICT
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11.SHRI T K RAMACHANDRA S/O LATE KOMMARAIAH AGED ABOUT 74 YEARS R/AT KALAMMA TEMPLE STREET HOLENARASIPURA HASSAN DISTRICT
12.SHRI L LAKKAPPA S/O LATE LAKKEGOWDA AGED ABOUT 75 YEARS R/AT NO. 176, I BLOCK RAJAGHATTA HASSAN DISTRICT
13.SRI K RAMEGOWDA S/O CHANNEGOWDA AGED ABOUT 69 YEARS R/A KASTURAVALLI VILLAGE BOOVANAHALLI POST HASSAN TALUK & DISTRICT
14.SHRI RAMADAS S/O LATE RAMEGOWDA AGED ABOUT 72 YEARS R/A MAIN ROAD, ARKALGUD HASSAN DISTRICT
15.SHRI SYED HUSSAIN S/O LATE SYED HABEEB AGED ABOUT 73 YEARS R/AT III CROSS, VALLABAI ROAD HASSAN TALUK & DISTRICT
16.SHRI SHIVASHANKARAPPA S/O LATE BASAPPA AGED ABOUT 73 YEARS R/AT BASAVANAGUDI STREET HOLENARASIPURA TALUK HASSAN DISTRICT
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17.SRI B KEMPAIAH S/O LATE BASAVAIAH AGED ABOUT 71 YEARS R/AT KORTIGERE VILLAGE SANTHEBACHIHALLI HOBLI K R PET TALUK MANDYA DISTRICT
18.SHRI P HANUMANTHEGOWDA S/O LATE PUTTEGOWDA AGED ABOUT 75 YEARS R/AT MEGALAMANE POST GAVENAHALLI HASSAN KASABA HASSAN TALUK & DISTRICT
19.SHRI C N JAYARAM S/O NANAJAPPA AGED ABOUT 61 YEARS R/O MUDALAHIPPE VILLAGE H N PURA TALUK HASSAN DISTRICT
20.SHRI C RANGEGOWDA S/O CHIKKEGOWDA AGED ABOUT 62 YEARS R/A ANEKERE VILLAGE C R PATNA TALUK HASSAN DISTRICT
21.SHRI R K NANJEGOWDA S/O LATE KALEGOWDA AGED ABOUT 73 YEARS R/AT NO. 1016 SHANKARIPURA HASSAN TALUK & DISTRICT
22.SRI NAZEER S/O LATE MOHAMED NEMAN AGED ABOUT 71 YEARS R/AT NO. 3545/1 AMEER MOHALLA, VALLABAI ROAD
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HASSAN TALUK & DISTRICT
23.SHRI H SANEEGOWDA S/O LATE HALAGEGOWDA AGED ABOUT 72 YEARS R/A NO. 791, 21ST CROSS KUVEMPUNAGAR HASSAN TALUK & DISTRICT
24.SHRI PUTTEGOWDA S/O LATE BELURE GOWDA AGED ABOUT 71 YEARS R/AT GAVENAHALLI HASSAN KASABA HASSAN TALUK & DISTRICT
25.SHRI N RAJAPPA S/O LATE LINGAIAH AGED ABOUT 72 YEARS R/AT VOKKALIGARA STREET KOTE, HOLENARASIPURA TALUK HASSAN DISTRICT
26.SHRI HANUMANTHU S/O LATE THIMMEGOWDA AGED ABOUT 61 YEARS R/AT SRI RAJESWARI NILAYA UDAYAGIRI MAIN ROAD HASSAN TALUK & DISTRICT
27.SHRI ABDUL WAZEED S/O JAHUR AHMED AGED ABOUT 65 YEARS R/A NO.90, 2ND CROSS, VALLABAI ROAD HASSAN TALUK AND DISTRICT
28.SRI MARISWAMY GOWDA S/O SANNEGOWDA AGED ABOUT 60 YEARS R/A BYADRAHALLI VILLAGE HEBBAL HOBLI K R NAGARA TALUK MYSORE DISTRICT
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29.SHRI H P ANANTHAMURTHY S/O SURYANARAYANA AGED ABOUT 62 YEARS R/A NO.270, ANUGRHA LOHIA ROAD VIDYANAGAR HASSAN TALUK AND DISTRICT
30.SHRI K N SHIVANANJAPPA S/O LATE NANJEGOWDA AGED ABOUT 73 YEARS R/A LIG 305 21ST CROSS, KUVEMPUNAGAR HASSAN TALUK AND DISTRICT
31.SHRI C S RANGANATH S/O LATE C V SUBBANNA AGED ABOUT 66 YEARS R/A NO.1028, 10TH CROSS K R PURAM HASSAN TALUK AND DISTRICT
32.SHRI H D KRISHNA S/O LATE DODDEGOWDA AGED ABOUT 70 YEARS R/A NO.65/A, II STAGE KUVEMPUNAGARA HASSAN TOWN HASSAN DISTRICT
33.SRI A GANGAPPA S/O AJJAPPA AGED ABOUT 61 YEARS R/A VIDHANASOUDHA CROSS ROAD ARASIKERE TOWN HASSAN DISTRICT
34.SHRI THIRUMALEGOWDA S/O THIMMEGOWDA AGED ABOUT 65 YEARS R/A LOKESH NILAYA NO.4690, 5TH CROSS
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VALLABAI ROAD HASSAN TALUK AND DISTRICT
35.SHRI K.KRISHNEGOWDA S/O LATE KRISHNGOWDA AGED ABOUT 65 YEARS R/A NO.621, 16 TH CROSS KUVEMPUNAGAR HASSAN TALUK AND DISTRICT
36.SHRI K R LAKKEGOWDA S/O RANGE GOWDA, AGED ABOUT 61 YEARS R/A KADEHEMMIGE VILLAGE AANGOLA POST K R PET TALUK MANDYA DISTRICT
37.SHRI PUTTACHANNEGOWDA S/O EREGOWDA, AGED ABOUT 61 YEARS R/A BOOKA VILLAGE HONNENAHALLI POST C R PATNA TALUK HASSAN DISTRICT
38.SHRI K M NARASIMHAMURTHY S/O LATE MARANNA AGED ABOUT 73 YEARS R/A II STAGE KUVEMPUNAGAR HASSAN TALUK AND DISTRICT
39.SHRI DODDEGOWDA S/O LATE DODDEGOWDA AGED ABOUT 63 YEARS R/A C/O DODDEGOWDA ANNECHAKANAHALLI VILLAGE DODDAKADANUR POST H N PURA TALUK HASSAN DISTRICT
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40.SHRI B SOMBAIAH S/O BHAIRE GOWDA AGED ABOUT 64 YEARS R/A 4TH CROSS NAGASAMUDRA ROAD B G NAGAR, C R PATNA TALUK HASSAN DISTRICT
41.SHRI H KRISHENGOWDA S/O HANUMEGOWDA AGED ABOUT 67 YEARS R/A NO.262/1, BEHIND P & T QUARTERS SHANKARAPURAM HASSAN TALUK AND DISTRCIT
42.SHRI H L SURENDRA S/O LATE LINGAPPA AGED ABOUT 60 YEARS R/A TEMPLE STREET RAJAGHATTA HASSAN TALUK AND DISTRCIT
43.SHRI K M ANAND S/O LATE B M MALLEGOWDA AGED ABOUT 69 YEARS R/A SRI VISHVESWARAIAH ROAD VIDYANAGAR HASSAN TALUK AND DISTRCIT
44.SHRI B R NANJUNDEGOWDA S/O H R RAMEGOWDA AGED ABOUT 54 YEARS R/A NO.85, DODDAYARAGANALU YARAGANALU POST ARASIKERE TALUK HASSAN DISTRICT
45.SHRI BASAVAIAH S/O CHIKKANNA, AGED ABOUT 51 YEARS R/A GANDHIPURA VILLAGE
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GAVENAHALLI POST HASSAN KASABA HASSAN TALUK AND DISTRICT
46.SHRI P DYAVEGOWDA S/O PUTTAIAH, AGED ABOUT 63 YEARS R/A BUSHTENAHALLI VILLAGE HASSAN TALUK AND DISTRICT
47.SHRI MAVINAKERE GOWDA S/O LATE THIMMEGOWDA, AGED ABOUT 70 YRS R/A GAVENHALLI POST KASABA HOBLI HASSAN TALUK AND DIST
48.SHRI S M MALLIKARJUNAIAH S/O M R MALLAIAH, AGED ABOUR 62 YEARS R/A SATHENAHALLI VILLAGE C R PATNA TALUK HASSAN DIST
49.SRI K S DODDAPPA S/O SANNAPPA GOWDA, AGED ABOUT 64 YEARS R/A KONGALLI VILLAGE YESLUR POST SAKALESHPURA TALUK HASSAN DIST
50.SHRI GURAPPA S/O DODDAGURAPPA SHETTY AGED ABOUT 62 YEARS R/A KANAGAL VILLAGE PERIYAPATNA TALUK MYSORE DIST
51.SHRI K K CHANNEGOWDA S/O KALEGOWDA AGED ABOUT 62 YEARS KATTEPURA VILLAGE ARAKALGUD TALUK
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HASSAN DIST.
52.SHRI V R BALAKRISHNA S/O Y K RAMEGOWDA, AGED ABOUT 58 YEARS R/A VADDARAHALLI VILLAGE RUDRAPATNA POST ARKALGUD TALUK HASSAN DIST
53.SRI K S PARAMESWARAIAH S/O SANNAPPA AGED ABOUT 65 YEARS, R/A VEERABHADRESWARA SWAMY TEMPLE, KERALAPURA, ARAKALGUD TALUK HASSAN DISTRICT
54.SHRI APPAJI S/O LATE SHANKARASHETTY AGED ABOUT 73 YEARS, R/A NO.5507/15, SHANKARA KRUPA, ADUVALLI, HASSAN TALUK & DISTRICT
55.SHRI N S BASAPPA S/O SANNEGOWDA AGED ABOUT 55 YEARS, R/A NILUVAGILU VILLAGE, KORATIGERE POST, DODAMAGGE HOBLI ARAKALGUD TALUK, HASSAN DISTRICT
56.SHRI K M SRIKANTASWAMY S/O MUTHASHETTY AGED ABOUT 65 YEARS, R/A NO.291, HOSABEEDU, KANAJUR VILLAGE, ARKALGUD TALUK, HASSAN DISTRICT
57.SRI K T PUTTEGOWDA S/O THIMMEGOWDA AGED ABOUT 62 YEARS, R/A NO.111, RAGHAVENDRANILAYA, GOWRIKOPPALU, HASSAN TQ & DISTRICT
58.SHRI RANGASWAMY
11 W.Ps.42349-42501/2011 c/w W.Ps.10072-10081/2012
S/O MARIYAPPA AGED ABOUT 65 YEARS, R/A 5TH CROSS, LALITHA NILAYA, ADUVALLI, HASSAN TALUK & DISTRICT
59.SHRI RANGEGOWDA S/O HANUMANTHEGOWDA AGED ABOUT 60 YEARS, R/A NO.18/1, HOSALINE ROAD HASSAN TALUK & DISTRICT
60.SHRI K V KRISHNAPPA S/O VENKATASETTY AGED ABOUT 62 YEARS, R/A BASAVANAHALLI VILLAGE, RAMANATHAPURA HOBLI ARAKALGUD TALUK HASSAN DISTRICT
61.SHRI H NINGAPPA S/O HONEGOWDA AGED ABOUT 63 YEARS, R/A RANGANATHA NILAYA, KIKKERAMMA TEMPLE STREET, H.N.PURA, HASSAN DISTRICT
62.SHRI P NINGEGOWDA S/O LATE PATY MARIGOWDA AGED ABOUT 69 YEARS, DOOR NO.271, SRI BASAVESHWARA NILAYA VIVEKANAGARA, HASSAN TALUK & DISTRICT
63.RAMEGOWDA S/O NINGEGOWDA AGED ABOUT 53 YEARS, R/A LIG 109, H.N.PURA ROAD, C.R.PATNA TALUK, HASSAN DISTRICT
64.SRI CHANDRU S/O JWALANNAIAH AGED ABOUT 59 YEARS, R/A NO.237, IST CROSS ROAD, ARANATHA NILAYA, SHANTHINAGARA, HASSAN TALUK & DISTRICT
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65.SHRI G RAMEGOWDA S/O LATE GUNDEGOWDA AGED ABOUT 73 YEARS, R/A B.KATIHALLI VILLAGE, HASSAN KASABA, HASSAN TALUK & DISTRICT
66.SHRI VEERABHADRAIAH S/O LATE NANJASETTY AGED ABOUT 64 YEARS, R/A BELLIKOPPALU POST, MALALI, SHANTHIGRAMA HOBLI HASSAN TALUK & DISTRICT
67.SHRI K KEMPAIAH S/O LATE KARIYANNA AGED ABOUT 69 YEARS, R/A C/O GADI KARIYAPPA BEHIND ANANJANEYA SWAMY TEMPLE ADAVALLI, HASSAN TQ & DISTRICT
68.SHRI K RAJEJEGOWDA S/O LATE P KEMPEGOWDA AGED ABOUT 65 YEARS, R/A KUVEMPUNAGAR, HASSAN TOWN, HASSAN TQ & DISTRICT
69.SHRI SATHYANARAYANA S/O S.D.ERAPPA AGED ABOUT 66 YEARS, R/A NO.775, EWS, KUVEMPUNAGAR, HASSAN TOWN, HASSAN TALUK & DISTRICT
70.SRI D T HONNEGOWDA S/O THIMMEGOWDA AGED ABOUT 64 YEARS, R/A NO.6TH MAIN, III STAGE, ADARSHANAGAR, HASSAN TQ & DISTRICT
71.SRI N DEVAPPAGOWDA S/O NINGEGOWDA AGED ABOUT 60 YEARS, R/A BAIRAVESHWARA NILAYA, COLLEGE ROAD, ARKALGUD TOWN ARAKALGUD TALUK, HASSAN DISTRICT
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72.SRI C B SHIVAPPAGOWDA S/O BOMMEGOWDA AGED ABOUT 64 YEARS, MAKANAHALLI VILLAGE, MELAGODU POST, DUDDA HOBLI, HASSAN TALUK & DISTRICT
73.SHRI H V BASAVACHARI S/O LATE VEERACHARI H V AGED ABOUT 71 YEARS, NEAR SHIVANANDA SCHOOL SHANKARAPURAM, HASSAN TQ & DISTRICT
74.SHRI RAMAPRASAD S/O B T KRISHNAPPA AGED ABOUT 59 YEARS, R/A NO.246, GARDEN HOUSE, RAJAGHATTA ROAD, HASSAN TALUK & DISTRICT
75.SRI RANGASWAMY S/O SAHKUNIGOWDA AGED ABOUT 62 YEARS, R/A INDRANAGAR, SATHYAVANAGALA VILLAGE, GAVENAHALLI POST, HASSAN TQ & DISTRICT
76.SHRI H V MANJAIAH SHETTY S/O LATE H T VENKATASHETTY AGED ABOUT 74 YEARS R/A OPP. OLD TALUK OFFICE HASSAN DISTRICT
77.SHRI MOHAMMED SADIQ HUSSAIN S/O LATE BASHEER AHAMED AGED ABOUT 64 YEARS, R/A KHOLLAPURA TEMPLE BACKSIDE, HASSAN TOWN, HASSAN TALUK & DISTRICT
78.SHRI H S CHANDRASHEKAR S/O LATE SUGARAPPA AGED ABOUT 70 YEARS, R/A NO.210, 6TH MAIN, 6TH PHASE, INDUSTRIAL MAIN,
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RAJAJINAGAR, BANGALORE
79.SHRI B.K ANAND AGED ABOUT 72 YEARS, S/O LATE V. KRISHNAMURTHY, RESIDING AT NO. 71, 6TH MAIN K.H.B. COLONY, II STAGE, BASAVESHWARANAGAR, BANGALORE
80.SHRI K.P. RAJAN AGED ABOUT 62 YEARS, S/O K.M PUTTANAYAK, R/A I CROSS, BHAVANI MEDICAL STORE, ADUVALLI, HASSAN DISTRICT
81.SHRI. SWAMY AGED ABOUT 63 YEARS, S/O LATE NANJAPPA, R/A MALLAPPANAHALLI H.N PURA TALUK, HASSAN DISTRICT
82.SHRI J.T. NARAYANA SHETTY AGED ABOUT 73 YEARS, S/O LATE THIMMA SHETTY R/A JAVAGAL, ARASIKERE TALUK, HASSAN DISTRICT
83.SHRI. SWAMY GOWDA AGED ABOUT 61 YEARS, S/O LATE THAMMEGOWDA, R/A DORANAHALLI, HASSAN TALUK
84.SHRI B.A. VENKATESH AGED ABOUT 67 YEARS, S/O LATE ANANTHARAMA IYENGAR, R/A 1549/16, I FLOOR, FORT, CHANNAPATNA, RAMANAGARA DISTRICT
15 W.Ps.42349-42501/2011 c/w W.Ps.10072-10081/2012
85.SHRI. N. SIDDALINGAIAH AGED ABOUT 63 YEARS, S/O A. NIRVANAIAH, R/A ASHOK EXTENSION, ADUVALLI, HASSAN DISTRICT
86.SHRI H. RANGASWAMY AGED ABOUT 65 YEARS, S/O LATE HANUMANTHEGOWDA, R/A RANGANATHA NILAYA, NO.1249, SLATER"S HALL ROAD, HASSAN DISTRICT
87.SMT. B.C. RUKMINI AGED ABOUT 58 YEARS, D/O LATE CHANNAPPA SETTY, R/A. NO. 1492, SAPTHAGIRI, OPP. KALIVEERASCHOOL, HASSAN TOWN, HASSAN
88.SHRI. SHIVANNA GOWDA AGED ABOUT 61 YEARS, S/O LATE SIDDEGOWDA, R/A. HANYALU, ANANDUR POST, ARKALGUD TALUK HASSAN DISTRICT
89.SHRI N.R. GOVINDAPPA AGED ABOUT 61 YEARS, S/O LATE RANGEGOWDA, HALEBEEDU POST, BELUR TALUK, HASSAN DISTRICT
90.SHRI J. SRINIVASA AGED ABOUT 61 YEARS, S/O JAVAREGOWDA, R/A GARUDANAHALLI POST, ARKALGUD TALUK, HASSAN DISTRICT
91.SHRI. SYED MUNEER
16 W.Ps.42349-42501/2011 c/w W.Ps.10072-10081/2012
AGED ABOUT 64 YEARS, S/O SYED REHMAN R/A DNR CROSS ROAD, NEAR POLICE QUARTERS HASSAN TOWN HASSAN DISTRICT
92.SHRI. P.S. SATHYANARAYANA GUPTHA AGED ABOUT 65 YEARS, S/O A.K PURUSOTHAMA SETTY, R/A C/O MANGALA STORES, RATHA VEEDHI, KUSHALANAGAR, KODAGU DISTRICT
93.SHRI J.N.NAGARAJ AGED ABOUT 63 YEARS, S/O LATE J. NANJUNDEGODA, R/A JAKKENHALLI, BYADARAHALLI POST, HASSAN TALUK AND DISTRICT
94.SHRI. VEERACHARI AGED ABOUT 63 YEARS, S/O LATE ESWARACHARI, R/A MALLINATHAPURA RAMANATHAPURA POST, ARAKALGUD TALUK HASSAN TALUK
95.SHRI H.V. BASAPPA AGED ABOUT 56 YEARS, S/O LATE VEERAPPA, R/A HOOVINAHALLI VILLAGE, BEECHANAHALLI POST, H.N PURA TALUK, HASSAN DISTRICT
96.H.D. VIJAYA KUMAR AGED ABOUT 72 YEARS, S/O LATE DHARANAPPA, R/A IV CROSS, HASANAMBA TEMPLE ROAD, HASSAN
17 W.Ps.42349-42501/2011 c/w W.Ps.10072-10081/2012
97.SHRI N.C. JAYARAM AGED ABOUT 63 YEARS, S/O LATE N. CHALUVAIAH, R/A MANJUNATHA NILAYA, BALEGARARA STREET, HASSAN TOWN
98.SHRI. NINGANNA AGED ABOUT 59 YEARS, S/O LATE JAVAREGOWDA R/A LAXMINILAYA, KOTE, H.N. PURA TALUK, HASSAN TOWN
99.SHRI M.K KESHAVAMURTHY AGED ABOUT 71 YEARS, S/O LATE M. KRISHNAMURTHY R/A EWS 608, 16TH CROSS, KUVEMPUNAGAR, HASSAN TOWN HASSAN DISTRICT
100.SHRI. SOMASHEKARA AGED ABOUT 66 YEARS, S/O LATE H.M. LAKKASHETTY, R/A NO.3881 CHOWDESHWARI NILAYA, HASSAN TOWN HASSAN DISTRICT
101.SHRI K.M. NANJESH AGED ABOUT 60 YEARS, S/O LATE MANJEGOWDA, R/A SRI. VENKATESHWARA NILAYA, UDAYAGIRI HASSAN DISTRICT
102.SHRI.NARASAPPA AGED ABOUT 64 YEARS, S/O LATE HANUMANTHAPPA, R/A NO.82, RAJAGHATTA, HASSAN DISTRICT
103.SHRI A.P. RANGASWAMY
18 W.Ps.42349-42501/2011 c/w W.Ps.10072-10081/2012
AGED ABOUT 61 YEARS, S/O KARIGOWDA, R/A B.T. KOPPALU, ARASIKERE ROAD, DUDDA POST, HASSAN TALUK AND DISTRICT
104.SHRI M.N. PRAKASH AGED ABOUT 64 YEARS, S/O M. NANJAPPA, R/A NO.1481, NEAR PWD COLONY WATER TANK, HASSAN TOWN, HASSAN DISTRICT
105.SHRI. K.B. MANJEGOWDA AGED ABOUT 61 YEARS, S/O BOREGOWDA, R/A KONTHAGOWDANAHALLI SATHENAHALLI POST, HASSAN TALUK AND DISTRICT
106.SHRI K.P SHAMANNA AGED ABOUT 69 YEARS, S/O LATE PUTTAVENKATAIAH, R/A HIREBELAGULI, KADAVINAKOTE POST, H.N. PURA TALUK, HASSAN DISTRICT
107.SHRI K.R. MANJACHARI AGED ABOUT 62 YEARS, S/O LATE RANGACHARI, R/A NO.123, VIJAYANAGARA, DODDAMANDIGANAHALLI, KANDLU POST HASSAN DISTRICT
108.SHRI WILSON MANORAJ S/O J SHADROCK AGED ABOUT 60 YEARS R/A “KRUPASHRAYA” RAVINDRANAGARA, HASSAN TOWN HASSAN DISTRICT
109.SHRI ABDUL JABBAR S/O LATE ABDUL GAFFAR SAB AGED ABOUT 61 YEARS R/A GOWRAMMA COMPOUND HUNASINAKERE ROAD HASSAN
19 W.Ps.42349-42501/2011 c/w W.Ps.10072-10081/2012
110.SHRI HUSSAIN KHAN S/O LATE SABUSAB AGED ABOUT 62 YEARS NO.10, MUSLIM STREET SHRAVANABELAGOLA HASSAN DISTRICT
111.SHRI H S BHASKAR S/O LATE H V SEETHA RAMAIAH AGED ABOUT 60 YEARS R/A GOWRAMMA COMPOUND NEAR HEMAVATHI HOSPITAL HASSAN DISTRICT
112.SHRI H V SOMASHEKARA SHETTY S/O LATE H T VENKATA SHETTY AGED ABOUT 73 YEARS R/A NO.2617, OPP OLD SUB REGISTRAR OFFICE, GANIGARA STREET HASSAN DISTRICT
113.SHRI K NANJUNDASWAMY S/O LATE K P VISWANATHA RAO AGED ABOUT 62 YEARS R/A SHAKUNTHALA NILAYA NO.629, 16TH CROSS, KUVEMPUNAGAR HASSAN DISTRICT
114.SHRI C ERAPPA S/O LATE CHANNAVEERAPPA AGED ABOUT 61 YEARS R/A SHANIVANE KUPPE, SANTHEMARUR POST DODDAMAGEE HOBLI, ARAKALGUD TALUK HASSAN DISTRICT
115.SHRI H GUNDEGOWDA S/O LATE HANUME GOWDA AGED ABOUT 59 YEARS R/AT GAVENHALLI VILLAGE HASSAN TALUK AND DISTRICT
20 W.Ps.42349-42501/2011 c/w W.Ps.10072-10081/2012
116.SHRI H M RAMACHANDRA RAO S/O LATE H MYLARIAH AGED ABOUT 73 YEARS R/A KAVERI NIALYA B H ROAD, ARASIKERE HASSAN DISTRICT
117.SHRI K S BASAVARAJ S/O LATE H MYLARIAH AGED ABOUT 73 YEARS R/A NO.55, SALAMMA BLOCK LAXMIPURA EXTENSION, ARASIKERE TOWN HASSAN DISTRICT
118.SHRI S SANNAPPA S/O LATE RANGEGOWDA AGED ABOUT 72 YEARS R/A NO.433, I BLOCK ADUVALLI HASSAN DISTRICT
119.SHRI G KADEGOWDA S/O LATE JAVAREGOWDA AGED ABOUT 62 YEARS R/A VONIGERE STREET GAVENHALLI POST, GAVENAHALLI, HASSAN KABASA HASSAN DISTRICT
120.SHRI MOHAMED NAZEER S/O LATE MOHAMMED AMEER AGED ABOUT 66 YEARS R/O DARUUMMI R R LAYOUT HASSAN-573201
121.SHRI K BOREGOWDA S/O KALEGOWDA AGED ABOUT 64 YEARS R/A CHIKKADALUR VILLAGE DUDDA R S POST HASSAN TALUK & DISTRICT
122.SHRI SHIVAPPA S/O LATE LAKKEGOWDA AGED ABOUT 73 YEARS
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R/A RAJAGHATTA HASSAN TALUK AND DISTRICT
123.SHRI K B KRISHNEGOWDA S/O BOREGOWDA B AGED ABOUT 61 YEARS R/A KATHIHALI, ARASIKERE ROAD HASSAN DISTRICT
124.SHRI M HANUMANTHEGOWDA S/O MAYEGOWDA AGED ABOUT 73 YEARS R/A II STAGE, II CROSS MIG 1/22C, KUVEMPURANGARA HASSAN
125.SHRI K DAMODHARACHAR S/O LATE GANAPATHI ACHAR AGED ABOUT 71 YEARS R/O NO.61, NEELAKANTA GANAPATHI TEMPLE ROAD, P & T COLONY HASSAN
126.SHRI V KEMPEGOWDA S/O LATE VENKATEGOWDA AGED ABOUT 64 YEARS R./A DODDAMATHIGHATTA BARGUR POST, C R PATNA TALUK HASSAN DISTRICT
127.SHRI G RANGEGOWDA S/O GUNDEGOWDA AGED ABOUT 61 YEARS ELECHAGAHALLI H N PURA TALUK HASSAN DISTRICT
128.SHRI SIDDAIAH S/O LATE SIDDAIAH AGED ABOUT 72 YEARS R/A DOOR NO.20 SJP ROAD, K R PURAM HASSAN DISTRICT
22 W.Ps.42349-42501/2011 c/w W.Ps.10072-10081/2012
129.SHRI K H KRISHNEGOWDA S/O LATE JAVAREGOWDA AGED ABOUT 58 YEARS R/A BEHIND GOVT HOSPITAL NAGASAMUDRA ROAD, C R PAT NA TALUK HASSAN DISTRICT
130.SHRI L LAXMEGOWDA S/O LATE LAKKEGOWDA AGED ABOUT 60 YEARS R/A EWS 742, KUVEMPUNAGAR HASSAN-573201
131.SHRI GEORGE MIRANDA S./O PELEXMIRANDA AGED ABOUT 64 YEARS R/A DOOR NO.112, SBM COLONY KATIHALLI HASSAN DISTRICT
132.SHRI H D PUTTAIAH S/O LATE DASAIAH AGED ABOUT 61 YEARS R/A MIG 16TH CROSS KUVEMPUNAGAR HASSAN TOWN HASSAN DISTRICT
133.SRI K B SANNAGIDDAIAH S/O BETTAIAH AGED ABOUT 62 YEARS R/AT NO.360, SHANKARIPURAM 4TH CROSS, HASSAN-573201
134.SRI B BASHA S/O LATE MOHIDDIN KHAN AGED ABOUT 62 YEARS R/A NO.917, R R MATCH FACTORY ROAD HASSAN DISTRICT
135.SHRI K K SUBRAMANYA S/O LATE KRISHNAN AGED ABOUT 73 YEARS R./A SRI MANIKANTA NILAYA
23 W.Ps.42349-42501/2011 c/w W.Ps.10072-10081/2012
NEAR MYSORE MINERALS HASSAN DISTRICT
136.SHRI K N NINGAPPA S/O LATE NANJAPPA GOWDA AGED ABOUT 73 YEARS R/A KANTHARAJAPURA CHANNARAYAPATNA TALUK HASSAN DISTRICT
137.SHRI M GIDDEGOWDA S/O LATE KARI GOWDA AGED ABOUT 60 YEARS R/A BEHIND KALIVEERA SCHOOL UDAYAGIRI, HASSAN TOWN HASSAN DISTRICT
138.SHRI K RANGAPPA S/O LATE KALEGOWDA AGED ABOUT 60 YEARS R/A NAGASAMUDRA ROAD CHANNARAYAPATNA HASSAN DISTRICT
139.SHRI N S DESHIKACHAR S/O LATE SRINIVASA IYENGAR AGED ABOUT 59 YEARS R/A NO.233 B KATIHALLI DOORAVANINAGARA, ARASIKERE ROAD HASSAN DISTRICT
140.SHRI DODDALINGAIAH S/O LATE NINGAPPA SETTY AGED ABOUT 70 YEARS R/A MAHADESHWARA NILAYA KUMBARA STREET EDIGA EXTENSION HASSAN DISTRICT
141.SHRI N A RAJASHEKARAIAH S /O LATE N P ANNAJAPPA AGED ABOUT 72 YEARS
24 W.Ps.42349-42501/2011 c/w W.Ps.10072-10081/2012
R/A NIDUVANI VILLAGE H N PURA TALUK HASSAN DISTRICT
142.SHRI NANJUNDEGOWDA S/O LATE THOPE GOWDA AGED ABOUT 64 YEARS R/A BEHIND KSRTC COMPOUND ADUVALLI HASSAN DISTRICT
143.SHRI GULAM AHAMED SHERIFF S/O LATE REHAMAN SHARIFF AGED ABOUT 63 YEARS R/A 5TH CROSS, IMAM MEDICAL SHOP PENSION MOHALLA, HASSAN TOWN HASSAN DISTRICT
144.SHRI B M PRAKASH S/O B N MALLAPPASETTY AGED ABOUT 61 YEARS R/A BHERYA, K R NAGAR TALUK MYSORE DISTRICT
145.SHRI H S PRABHAKAR S/O LATE H R SRINIVAS AGED ABOUT 62 YEARS R/A D.NO.607, SRINIVASA NILAYAM K R PURAM HASSAN DISTRICT
146.SHRI LACHME GOWDA S/O KENCHEGOWDA AGED ABOUT 63 YEARS NO.949, SHANKARAIPURAM 4TH CROSS BEHIND REMAND HOME HASSAN TOWN HASSAN DISTRICT
147.SHRI S RANGAPPA S/O LATE NARASIMHA B AGED ABOUT 61 YEARS R/A CHOLENAHALI BARALU POST C R PATNA TALUK
25 W.Ps.42349-42501/2011 c/w W.Ps.10072-10081/2012
HASSAN DISTRICT
148.SHRI H B NARASIMHA MURTHY S/O LATE H BYRAPPA AGED ABOUT 80 YEARS R/A DURGAMMA TEMPLE STREET HULIYAR CHIKKANAYAKANAHALI TALUK TUMKUR DISTRICT
149.SHRI S NARAYANASWAMY S/O LATE SHIVANANJE GOWDA AGED ABOUT 49 YEARS R/O DODDAKUNCHE,. HALEKOTE HOBLI HOLENARASIPURA TALUK HASSAN DISTRICT
150.SHRI CHUNCHEGOWDA S/O LATE BOREGOWDA AGED ABOUT 60 YEARS R/O D NO.1147, NEAR VIDYASCHOOL SHANKARIPURA HASSAN TALUK &DISTRICT
151.SHRI RAMEGOWDA S/O LATE LAKKEGOWDA AGED ABOUT 63 YEARS R/A 1ST WARD, RAJAGATTA HASSAN DISTRICT
152.SHRI GUNDA S/O GOVINDAIAH B AGED ABOUT 64 YEARS R/A KATEHALLI KOPPALU ARASIKERE ROAD HASSAN TALUK & DISTRICT
153.SHRI SOMASHEKARACHARI S/O BILGACHAR AGED ABOUT 60 YEARS R/A KSRTC LAYOUT, B T KOPPALU ARASIKERE ROAD
26 W.Ps.42349-42501/2011 c/w W.Ps.10072-10081/2012
HASSAN DISTRICT ... PETITIONERS
(BY SRI : S B MUKKANNAPPA, ADVOCATE)
AND:
1.THE PROVIDENT FUND COMMISSIONER (CENTRAL), BHAVISHYANIDEHI BHAVAN BHAIKAZI CAMA PALACE NEW DELHI-110006
2.THE REGIONAL PROVIDENT FUND COMMISSIONER EMPLOYEES PROVIDENT FUND ORGANIZATION REGIONAL OFFICE, BHAVISHYA NIDHI BHAVAN, NO.13, RAJARAM MOHAN ROY ROAD P B NO.2584 BANGALORE-25
3.THE REGIONAL PROVIDENT FUND COMMISSIONER-II OFFICE OF THE PROVIDENT FUND ORGANIZATION REGIONAL OFFICE, LINGADEVANAHALLI ROAD CHIKKAMAGALUR TOWN ... RESPONDENTS
(By Sri : HARIKRISHNA S HOLL, ADV. FOR R1-3)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ENDORSEMENT DATED 17.8.2011 ISSUED BY THE THIRD RESPONDENT VIDE ANNEXURE-K.DIRECT THE RESPONDENTS TO REFIX THE PENSION OF THE PETITIONERS BY ADDING 2 YEARS OF SERVICE WEIGHTAGE UNDER PARA 12(4) READ WITH PARA 10(2) OF THE EMPLOYEES PENSION SCHEME 1995 AND TO PAY THE DIFFERENCE OF PENSION IMMEDIATELY FROM THE DATE ON WHICH ALL THE
27 W.Ps.42349-42501/2011 c/w W.Ps.10072-10081/2012
PETITIONERS HAVE COMPLETED 20 YEARS OF SERVICE FORTHWITH.
IN W.P. Nos.10072-10081/2012 (L-PF)
BETWEEN :
1.KARNATAKA STATE ROAD TRANSPORT RETIRED EMPLOYEES WELFARE ASSOCIATION (REG), SREE RAJARAJESHWARI NILAYA MAIN ROAD, HASSAN-573201 REP BY ITS PRESIDENT, MR B K NAGARAJ AGED ABOUT 74 YRS, S/O LATE B KRISHNAPPA
2.SHRI SOMASHEKAR B S/O LATE BASAPPA, AGED ABOUT 63 YEARS R/A BORANAHALLI VILLAGE HARIHARAPURA POST HOLENARASIPURA TALUK HASSAN DISTRICT
3.SHRI K NAGARAJU S/O LATE DYAVEGOWDA, AGED ABOUT 71 YRS R/A KATTYA VILLAGE HASSAN TALUK AND DISTRICT
4.SHRI L SUBRAMANYA S/O LATE LAXMINARAYANAPPA, AGED ABOUT 58YEARS, R/O BEHIND KAVYA GENERAL STORES OPP. NEW BUS STAND CHANNARAYAPATNA TALUK HASSAN DISTRICT
28 W.Ps.42349-42501/2011 c/w W.Ps.10072-10081/2012
5.SHRI V K RAJAN S/O LATE K A PANIKAR, AGED ABOUT 62 YEARS R/A EWS 774, 19TH CROSS KUVEMPUNAGARA HASSAN TALUK AND DISTRICT
6.SHRI SANJEEVEGOWDA S/O HANUMANTHEGOWDA, AGED ABOUT 62 YEARS R/A NO.400, ANUSHA NILAYA, II MAIN II CROSS ROAD, HEMAVATHINAGAR HASSAN TALUK AND DISTRICT
7.SHRI MOODLI S/O LATE JAVARAIAH, AGED ABOUT 63 YEARS R/A EACHANAHALLI VILLAGE KANDALI POST HASSAN TALUK AND DISTRICT
8.SHRI PAPEGOWDA S/O LATE RAMEGOWDA, AGED ABOUT 62 YEARS R/A KIKKERAMMA STREET KOTE, HOLENARASIPURA TALUK HASSAN DISTRICT
9.SHRI NAGAPPAGOWDA S/O LATE PATEL DEVEGOWDA, AGED ABOUT 63 YEARS, R/O KIKKERI, K R PETE TALUK HASSAN DISTRICT
10.SHRI M K PUTTARAJACHAR S/O LATE KEMPACHAR, AGED ABOUT 67 YEARS R/A C/O NINGAPPA SETTY NO.2134, III CROSS
29 W.Ps.42349-42501/2011 c/w W.Ps.10072-10081/2012
MISSION HOSPITAL ROAD HASSAN DISTRICT-573201 ... PETITIONERS
(By Sri : S B MUKKANNAPPA, ADVOCATE)
AND
1.THE PROVIDENT FUND COMMISSIONER (CENTRAL) BHAVISHYANIDEHI BHAVAN BHAIKAZI CAMA PALACE NEW DELHI-110006
2.THE BANGALORE PROVIDENT FUND COMMISSIONER-II (PENSION), BHAVISHYA NIDHI BHAVAN 4-BHIKAJI CAMA PLACE NEW DELHI-110066
3.THE REGIONAL PROVIDENT FUND COMMISSIONER EMPLOYEES PROVIDENT FUND ORGANIZATION REGIONAL OFFICE, BHAVISHYA NIDHI BHAVAN NO.13, RAJARAM MOHAN ROY ROAD P.B.NO.2584 BANGALORE-25
4.THE REGIONAL PROVIDENT FUND COMMISSIONER OFFICE OF THE PROVIDENT FUND ORGANIZATION, REGIONAL OFFICE LINGADEVANAHALLI ROAD CHIKKAMAGALUR TOWN …RESPONDENTS
(By Sri : HARIKRISHNA S HOLL, ADV. FOR R1-3)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ENDORSEMENT DTD. 28.11.2011 ISSUED BY THE R2
30 W.Ps.42349-42501/2011 c/w W.Ps.10072-10081/2012
VIDE ANNEX-D TO THE WP; AND AS WELL AS SUBSEQUENT ENDORSEMENT DTD. 20.02.2012 ISSUED BY THE R4 AT ANNEX-L
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING THE COURT MADE THE FOLLOWING :
ORDER
Since common questions of law and and that of fact arise for decision making in these writ petitions, with the consent of learned Counsel for the parties, are clubbed together, finally heard and disposed of by this order.
2. The 1 st petitioner in both the writ petitions claims to be the Karnataka State Road Transport
Retired Employees Welfare Association. Petitioner Nos.2 to 153 in W.P. Nos.42349-42501/2011 and petitioner
Nos.2 to 10 in W.P. Nos.10072-10081/2012, claim to be its members.
31 W.Ps.42349-42501/2011 c/w W.Ps.10072-10081/2012
3. It is the common grievance of the petitioners that having complete 20 years of service are entitled to refixation of pension by adding weightage of two years of service, under paragraph 12(4) r/w. paragraph 10(2) of the Employees Pension Scheme, 1995, which is denied by the respondents. It is stated that The National
Consumer Disputes Redressal Forum, New Delhi, in identical circumstances, in Revision Petition
No.3970/2009 in the case of REGIONAL PROVIDENT
FUND COMMISSIONER Vs. MALLIKARJUN
DEVENDRAPPA VERAPUR by order dated 29.06.2010, rejected the petition and confirmed the order of the
State Commission to extend the said benefit. The rejection of the petitioners’ claim by the endorsement dated 17.8.2011 (Annexure-K) in W.P. Nos.42349-
42501/2011 and the endorsements dated 28.11.2011
(Annexure-D) and 20.2.2012 (Annexure-L) in W.P. Nos.
W.P. Nos.10072-10081/2012, has resulted in these writ petitions to quash the said endorsements and for a
32 W.Ps.42349-42501/2011 c/w W.Ps.10072-10081/2012
direction by way of a writ of mandamus to refix the pension of the petitioners in terms stated supra.
4. The respondents have filed statement of objections in W.P Nos.10072-10081/2012, inter alia, contending that these writ petitions are not maintainable since the petitioners have an alternative and efficacious remedy of filing a petition before the
Consumer Forum under the Consumer Protection Act,
1986. According to the respondents, persons similarly situated and members of the EPF Pensioners Welfare
Federation have filed a public interest litigation in W.P.
No.44432/2011 (PIL) and W.A. Nos.3407/2012 and
3072/2012, on identical question of law, which are pending consideration before this Court. It is further stated that the quantum of pension depends upon the nature of employment, period of service and whether the petitioner has attained the age of the superannuation, etc. which can be conveniently adjudicated in an enquiry before the Consumer Forum and not based
33 W.Ps.42349-42501/2011 c/w W.Ps.10072-10081/2012
upon the affidavits in these petitions. Therefore, invoking the jurisdiction of this Court under Article 226 of the Constitution of India to quash the endorsements impugned is not maintainable. It is further stated that similar such persons having approached the Forums in several districts, after an adjudication, directions were issued against the respondents, which when taken to the State Consumer Forum, the appeals were dismissed. The order of the State Consumer Forum when challenged before the National Consumer
Redressal Forum, New Delhi, the appeals were dismissed. There afterwards, a Special Leave Petition to the Supreme Court was dismissed, keeping open the question of law. With regard to the merit of the claim of the petitioners, it is stated that (a) an amendment to paragraph 10(2) of EPF Scheme, 1995, defines
‘pensionable service’ not contemplating services rendered prior to 16.11.1995, (b) under paragraph
10(2), a member is entitled for weightage of two years, inter alia, if he has pensionable service of 20 years
34 W.Ps.42349-42501/2011 c/w W.Ps.10072-10081/2012
determined with reference to the contribution (received or are receivable) on his behalf in the employees pension fund; and (c) a member who superannuates on attaining the age of 58 years and or who has rendered 20 years of pensionable service or more his pensionable service shall be increased by adding weightage of two years.
5. According to the respondents, the question of extending the benefit will arise based upon contributions received or are receivable. It is stated that the definition of the term ‘Contribution’ under Section
2(c) of the Employees Provident Fund and Miscellaneous
Provisions Act, 1952, means a contribution payable in respect of a member under a scheme (or the contribution payable in respect of an employee to whom the insurance scheme applies) and therefore, what is not to be taken into consideration is the contribution made by the member under the scheme, prior to the introduction of Employees Pension Scheme, 1995. On facts, it is stated that petitioners joined the Employees
35 W.Ps.42349-42501/2011 c/w W.Ps.10072-10081/2012
Pension Scheme, 1995, w.e.f. 16.11.1995 and therefore,
20 years of service will have to be reckoned from that date onwards, which would end on 15.11.2015 and not
20 years prior to 16.11.1995. Respondents place reliance upon the Manual of Accounting Procedure,
Employees’ Pension Scheme 1995, to buttress their argument that the petitioners are not entitled to any benefit.
6. Learned Counsel for the petitioners does not dispute the fact that the question of law as to whether or not, the persons similarly situated are entitled to the benefit of two years weightage under the Pension
Scheme 1995, is kept open for consideration by the
Apex Court, whence persons similarly circumstanced invoked the jurisdiction of District Forum under the
Consumer Protection Act, 1986 resulting in an order which the National Forum, confirmed, following which the Supreme Court, while rejecting the SLP filed by the
PF Organisation, kept open the question of law.
36 W.Ps.42349-42501/2011 c/w W.Ps.10072-10081/2012
Nevertheless it is submitted that this Court could exercise jurisdiction under Article 226 of the
Constitution of India and decided that question. In addition, it is submitted that similarly situated employees when extended the benefit of paragraph 12(4) and 10(2) of the Employees’ Pension Scheme, 1995, by adding two years weightage, the respondent PF
Organization bound by the decision of the National
Consumer Disputes Redressal Forum, New Delhi, in the order dated 29.6.2010 passed in Revision petition
No.3970/2009, cannot deny the benefit to the petitioners.
7. Per contra, learned Counsel for the respondents while reiterating the averments in the statement of objections submits that if petitioners are aggrieved, must either approach the District Forum over relevant facts or the Apex Court to have the question of law decided and not invoke the extra ordinary writ jurisdiction under Article 226 of the Constitution of
37 W.Ps.42349-42501/2011 c/w W.Ps.10072-10081/2012
India. Learned Counsel submits that in W.P.
Nos.66094-66110/2012 filed by the Regional Provident
Fund Commissioner before the Circuit Bench at
Dharwad, a Division Bench by order dated 23.8.2012, observed thus:
“ If the Supreme Court has kept open a question of law, it only means, in a particular case they are not deciding the case but they will decide that question of law in any fit case in future. It does not mean that the High Court should decide that question of law in writ petition. xxxx xxxx ”
In addition, learned Counsel placed reliance upon the decision of another coordinate Division Bench of this
Court in W.P. Nos.26758-26760/2012 filed by the
Regional Provident Fund Commissioner, which was dismissed by order dated 08.08.2012, observing that the order of the Hon’ble Supreme Court cannot be construed to negate the order of the National
Commission in the matter of adding two years weightage for the purpose of calculating pensionable
38 W.Ps.42349-42501/2011 c/w W.Ps.10072-10081/2012
service and that in the circumstances, the proper course open to the Provident Fund Commission is to approach the National Commission yet again.
8. Although Sri S.B. Mukkannappa. learned
Counsel for the petitioners would press into service paragraph 9 of the order of the Apex Court in RAM AND
SHYAM COMPANY VS. STATE OF HARYANA AND
OTHERS 1 to submit that despite the alternative remedy available, a litigant is entitled to invoke the extraordinary writ jurisdiction under Article 226 of the
Constitution of India, in the facts and circumstances noticed supra, is inapplicable. Petitioners cannot invoke a writ jurisdiction to decide disputed questions of fact, though the law is well settled. If the petitioners believe to be entitled to a relief identical to that directed by the National Consumer Disputes Redressal
Commission, in revision petition No.3970/2009, it is
1 (1985) 3 SCC 267
39 W.Ps.42349-42501/2011 c/w W.Ps.10072-10081/2012
open for the petitioners to invoke the jurisdiction of the
District Forum or other Fora under the Consumer
Protection Act, 1986. Yet another reason, by which these writ petitions are not maintainable is, in order to ascertain as to whether or not petitioners are entitled to the benefit, according to the Provident Fund
Commission, facts need to be pleaded and proved, the adjudication of which can be conveniently done in an enquiry or a trial before the Consumer Forum. It is needless to say that the petitions are not maintainable in the admitted fact that the Apex Court has kept open for decision making the question of law, in identical claims of benefit of weightage of two years, under paragraph 12(4) and 10(2) of the Employees’ Pension
Scheme, 1995, meaning thereby, it is for the Apex Court to decide that question of law, and not for this Court, as noticed by the Division Bench supra.
40 W.Ps.42349-42501/2011 c/w W.Ps.10072-10081/2012
For the aforesaid reasons, these petitions are rejected, reserving liberty to the petitioners to have their grievances redressed before an appropriate Forum under the Consumer Protection Act, 1986.
Sd/- JUDGE
Cs/sma