Case Note & Summary
The petitioner, Sri Vishwas K.S., a decorated international para-swimming champion, filed a writ petition under Article 226 of the Constitution of India before the High Court of Karnataka at Bengaluru, seeking a direction in the nature of mandamus ordering the payment of a cash award of Rs.6,00,000/- as per Government Order No. YuSeEe 278 YuSeKree 2013 dated 30.11.2013 and Government Order No. YuSeEe 280 YuSeKree 2017 dated 09.10.2017. The petitioner had made repeated representations to the State Government for disbursement of the award, but the State failed to act, leading to the filing of the petition. The Court heard Smt. O. Ashwini, learned counsel for the petitioner, and Sri Spoorthy Hegde, learned High Court Government Pleader for the respondents. The Court noted the petitioner's sterling accomplishments and the State's apathy and indifference in disbursing the cash award to which he was lawfully entitled. The Court held that the petitioner was entitled to the cash award and that the State's failure to pay despite repeated representations was arbitrary and violative of Article 14. The Court directed the respondents to disburse the cash award of Rs.6,00,000/- to the petitioner within a specified period.
Headnote
A) Constitutional Law - Writ of Mandamus - Article 226 of the Constitution of India - Entitlement to Cash Award - The petitioner, a decorated international para-swimming champion, sought a writ of mandamus directing the State to pay a cash award of Rs.6,00,000/- under Government Orders dated 30-11-2013 and 09-10-2017. The Court held that the petitioner was lawfully entitled to the award and the State's inaction was arbitrary and violative of Article 14. (Paras 1-3) B) Sports Law - Government Order - Cash Award for Sportspersons - Government Order No. YuSeEe 278 YuSeKree 2013 dated 30.11.2013 and Government Order No. YuSeEe 280 YuSeKree 2017 dated 09.10.2017 - The Court directed the respondents to disburse the cash award of Rs.6,00,000/- to the petitioner within a specified period, recognizing his sterling accomplishments and the State's obligation to honour its own policy. (Paras 2-3)
Issue of Consideration
Whether the petitioner, an international para-swimming champion, is entitled to the cash award of Rs.6,00,000/- under the Government Orders dated 30-11-2013 and 09-10-2017, and whether the State's failure to disburse the same despite repeated representations is arbitrary and violative of Article 14 of the Constitution of India.
Final Decision
The Court allowed the writ petition and directed the respondents to disburse the cash award of Rs.6,00,000/- to the petitioner within a specified period.
Law Points
- Article 226 of the Constitution of India
- Government Order dated 30-11-2013
- Government Order dated 09-10-2017
- Right to cash award
- Arbitrariness
- Article 14
