T.B. Basavaraju vs The State of Karnataka

Ram Mohan Reddy, J.—Petitioner, having retired from the services of the respondent State of Karnataka, Department of Primary and Secondary Education, with effect from 30.4.2008 was not paid terminal benefits, resulting in filing WP No. 9667/2011, which was disposed of on 28.9.2011 Annexure-A, with a direction to the respondents to complete the enquiry pending against the petitioner within three months. In compliance with the said directions, the respondents is said to have completed the enquiry and passed two orders one dated 13.6.2012 Annexure-C and the other dated 11.7.2012 Annexure-D, where under, the fixing of the salary for pensionary benefits was by denying increments for the period from 2001 to 2003 and 2006 to 2008.

It is the assertion of the petitioner that he had to his credit 184 days of earned leave entitling him to about Rs. 1 lakh and though he did not receive any encashment, nevertheless, the 2nd respondent is said to have stated that there was no leave to his credit, since encashed.

It is the further assertion of the petitioner that when absolved of charges, retirement benefit was not made available immediately hence the representation dated 21.7.2012 Annexure-F. In the absence of a response, petitioner is said to have got issued a notice dated 18.8.2012 Annexure-G through legal Counsel. In the meanwhile, petitioner having received the order dated 16.9.2008 Annexure-H, denying him increments, noticed supra, for alleged unauthorized absence, filed an appeal Annexure-J, which was dismissed by order dated 12.10.2011 Annexure-K. Hence this petition to quash the order dated 11.7.2012 Annexure-D and the order dated 12.10.2011 Annexure-K, in an appeal, as well as writ of mandamus to direct the respondents to consider petitioner''s representation Annexure-E and settle the retirement benefits together with interest from the date of retirement.

Sri. T.R. Subbanna, learned Senior Counsel is correct in his submission that Annexure-K order in appeal is not a speaking order, bereft of reasons, findings and conclusions and therefore is void.

It is elsewhere said that recording of reasons is part of fair procedure. Reasons are harbinger between mind of the maker of the decision in the controversy and decision or conclusion arrived at since they substitute subjectivity with objectivity. In Alexander Machinery (Dudley) Ltd. Crabtree, 1974 L.C.R. 120 , as extracted in the ''opinion'' of the Apex Court in Mangalore Ganesh Beedi Works Vs. The Commissioner of Income Tax, Mysore and Another, it is held that failure to assign reasons amounts to denial of justice.

It is true that in an appeal, in an order of affirmation, repetition of reasons elaborately may not be necessary, but even then, the grounds set out, arguments advanced and points urged have to be dealt with, so also reasons for affirmation have to be indicated, though in appropriate cases, very briefly.

A bare perusal of Annexure-K order in appeal, does not comply with the aforesaid principles hence void.

Since Annexure-K order is in an appeal against the order dated 16.9.2008 Annexure-H denying petitioner increments for the period from 2001 to 2006, it is needless to state that Annexure-D order fixing the pay of the petitioner fails and must await decision in the appeal.

Since petitioner has retired from service with effect from 30.4.2008 and we are in the year 2014, six years have gone by and the petitioner has been kept away from his legal dues on account of the lethargy, in passing the orders in accordance with law, in an appeal, resulting in not only harassment, but also denial of justice.

In the circumstances, the 1st respondent is directed to reconsider petitioner''s appeal Annexure-J and pass orders in accordance with law, in any event by 31.10.2014 and thereafter wards to fix the pay of the petitioner for the purpose of pensionary benefits together with interest if entitled to amounts in excess of the pension presently paid.

In the result, this petition is allowed in part. The orders Annexures-D & K are quashed.