Case Note & Summary
The State of Karnataka and its officials filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka at Bengaluru, challenging an order dated 22.06.2023 passed by the Karnataka State Administrative Tribunal in Application No. 3896/2022. The Tribunal had directed the petitioners to pay arrears of salary to the respondent, Sri T R Manjunath, a retired Executive Engineer of the Public Works Department. The respondent had approached the Tribunal seeking payment of salary arrears that were withheld by the State. The State contended that the application was barred by delay and that the Tribunal erred in granting the relief. The High Court, comprising Justice Krishna S Dixit and Justice C M Joshi, heard the matter and dismissed the writ petition. The Court held that the State cannot withhold salary for work already performed by an employee, and the Tribunal's order was just and proper, warranting no interference. The Court observed that the application was filed within a reasonable time and that the State's objections were not sustainable. The writ petition was dismissed, and the Tribunal's order was upheld.
Headnote
A) Service Law - Arrears of Salary - Withholding of Salary - The State cannot withhold salary for work already performed by an employee. The Tribunal's direction to pay arrears of salary was upheld as just and proper. (Paras 1-3)
B) Writ Jurisdiction - Interference with Tribunal Orders - The High Court, under Articles 226 and 227 of the Constitution of India, will not interfere with an order of the Karnataka State Administrative Tribunal unless it is perverse or without jurisdiction. The impugned order being just and proper, no interference was warranted. (Paras 1-3)
C) Limitation - Delay in Filing Application - The application before the Tribunal was filed within a reasonable time, and the State's objection regarding delay was not sustainable. (Paras 1-3)
Issue of Consideration
Whether the Karnataka State Administrative Tribunal was justified in directing the State to pay arrears of salary to the respondent, and whether the writ petition challenging the same should be entertained.
Final Decision
The High Court dismissed the writ petition, upholding the order of the Karnataka State Administrative Tribunal dated 22.06.2023 directing the petitioners to pay arrears of salary to the respondent.
Law Points
- Salary cannot be withheld for work already performed
- Writ Court cannot interfere with Tribunal's order if it is just and proper
- No delay in filing application before Tribunal
Case Details
WP No. 7628 of 2024 (S-KSAT)
Justice Krishna S Dixit, Justice C M Joshi
Smt. Saritha Kulkarni (HCGP) for petitioners, Sri Vijaya Kumar (Advocate) for respondent
The State of Karnataka, The Chief Engineer, Public Works Department, The Chief Engineer, PRAMC, PWD, The Accountant General (A & E), Karnataka Circle
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Nature of Litigation
Writ petition under Articles 226 and 227 of the Constitution of India challenging an order of the Karnataka State Administrative Tribunal directing payment of arrears of salary.
Remedy Sought
The petitioners (State of Karnataka and its officials) sought a writ of certiorari to quash the Tribunal's order dated 22.06.2023 and to set aside the direction to pay arrears of salary to the respondent.
Filing Reason
The State was aggrieved by the Tribunal's order directing payment of arrears of salary to the respondent, a retired Executive Engineer.
Previous Decisions
The Karnataka State Administrative Tribunal, by order dated 22.06.2023 in Application No. 3896/2022, directed the petitioners to pay arrears of salary to the respondent.
Issues
Whether the Tribunal was justified in directing payment of arrears of salary to the respondent?
Whether the writ petition should be entertained against the Tribunal's order?
Submissions/Arguments
The petitioners argued that the application before the Tribunal was barred by delay and that the Tribunal erred in granting the relief.
The respondent contended that the State cannot withhold salary for work already performed and that the Tribunal's order was just and proper.
Ratio Decidendi
The State cannot withhold salary for work already performed by an employee. The Tribunal's order being just and proper, no interference is warranted under Articles 226 and 227 of the Constitution of India.
Judgment Excerpts
The State Government & its officials are knocking at the doors of Writ Court for assailing the Karnataka State Administrative Tribunal’s order dated 22.06.2023 whereby, the private respondent’s Application No.3896/2022 having been favoured, a direction has been issued to the petitioners to pay him the arrears of salary.
The State cannot withhold salary for work already performed by an employee.
The Tribunal's order being just and proper, no interference is warranted.
Procedural History
The respondent filed Application No. 3896/2022 before the Karnataka State Administrative Tribunal seeking payment of arrears of salary. The Tribunal allowed the application on 22.06.2023. Aggrieved, the State and its officials filed the present writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka, which was dismissed on 30.10.2024.
Acts & Sections
- Constitution of India: Articles 226, 227
