Case Note & Summary
The case involves a writ appeal filed by the State of Karnataka and its officers against an order of a learned Single Judge dated 04.10.2021 in W.P.No.103766/2021. The Single Judge had directed the appellants to comply with earlier directions issued in W.P.No.108378/2019 dated 18.09.2020, which required them to pass appropriate orders regarding the grant of freedom fighter pension together with all arrears in favor of the respondent, Sri. Sangappa S/o. Basawantappa Karikatti, aged 90 years. The respondent had originally filed a writ petition seeking freedom fighter pension under the Karnataka Freedom Fighters Pension Rules, 1979. The Single Judge, in the earlier writ petition, had directed the State to consider the respondent's claim and pass orders. The State failed to comply, leading to the filing of the second writ petition, which resulted in the impugned order. The Division Bench, after hearing arguments, found no merit in the appeal. The Court held that the State was bound to comply with the earlier judicial directions and could not re-agitate the same issues. The appeal was dismissed, and the State was directed to comply with the order within eight weeks.
Headnote
A) Freedom Fighter Pension - Entitlement - Karnataka Freedom Fighters Pension Rules, 1979 - The respondent, aged 90, claimed pension based on participation in the freedom struggle. The State rejected the claim citing lack of formal recognition. The Court held that the respondent's claim was supported by earlier judicial directions and the State was bound to comply. (Paras 1-5)
B) Judicial Compliance - Writ of Mandamus - Karnataka High Court Act, 1961, Section 4 - The appellants (State) challenged the order directing compliance with earlier directions. The Division Bench upheld the Single Judge's order, emphasizing that the State must obey judicial orders and cannot re-litigate settled issues. (Paras 2-6)
C) Res Judicata - Applicability - The Court noted that the issue of entitlement had been decided in earlier proceedings and the State could not raise the same objections again. (Para 4)
Issue of Consideration
Whether the respondent is entitled to freedom fighter pension under the Karnataka Freedom Fighters Pension Rules, 1979, and whether the State is bound to comply with earlier directions issued by the learned Single Judge in W.P.No.108378/2019 dated 18.09.2020.
Final Decision
The writ appeal is dismissed. The appellants are directed to comply with the order passed by the learned Single Judge in W.P.No.103766/2021 dated 04.10.2021 within eight weeks from the date of receipt of a copy of this judgment.
Law Points
- Freedom fighter pension
- Karnataka Freedom Fighters Pension Rules
- 1979
- Writ of Mandamus
- Compliance with judicial orders
- Res judicata
- Estoppel
Case Details
2023 LawText (KAR) (07) 60
Writ Appeal No. 100205 of 2022 (FF)
Smt. Vidyavathi M. Kotturshettar, Sri. V.S. Kalasurmath, Sri. H.M. Dharigond, Smt. Sangeetha F. Kallimani
The State of Karnataka, The Deputy Commissioner, The Assistant Commissioner, The Joint Director
Sri. Sangappa S/o. Basawantappa Karikatti
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Nature of Litigation
Writ appeal against order directing compliance with earlier directions to grant freedom fighter pension.
Remedy Sought
The appellants sought to set aside the order dated 04.10.2021 in W.P.No.103766/2021.
Filing Reason
The appellants challenged the Single Judge's order directing them to comply with earlier directions to grant freedom fighter pension to the respondent.
Previous Decisions
The learned Single Judge in W.P.No.108378/2019 dated 18.09.2020 had directed the appellants to pass appropriate orders regarding grant of freedom fighter pension. The appellants failed to comply, leading to the filing of W.P.No.103766/2021, which resulted in the impugned order.
Issues
Whether the respondent is entitled to freedom fighter pension under the Karnataka Freedom Fighters Pension Rules, 1979?
Whether the State is bound to comply with the earlier directions issued by the learned Single Judge in W.P.No.108378/2019 dated 18.09.2020?
Submissions/Arguments
The appellants argued that the respondent was not entitled to freedom fighter pension as he did not have formal recognition.
The respondent argued that the State was bound to comply with the earlier judicial directions and could not re-litigate the issue.
Ratio Decidendi
The State is bound to comply with judicial directions and cannot re-agitate issues already decided. The respondent's claim for freedom fighter pension was supported by earlier orders, and the State's failure to comply warranted the direction to grant pension with arrears.
Judgment Excerpts
The appellants in this writ appeal have questioned the correctness and validity of the order dated 04.10.2021, passed in Writ Petition No.103766/2021, wherein the learned single Judge by allowing the writ petition directed the appellants to comply with the directions issued by the learned single Judge in W.P.No.108378/2019 dated 18.09.2020 and to pass appropriate orders regarding grant of freedom fighters pension together with all arrears in favour of the respondent.
On perusal of the order passed in No.108378/2019, the learned single Judge had directed the appellants to consider the claim of the respondent and pass appropriate orders.
Procedural History
The respondent filed W.P.No.108378/2019 seeking freedom fighter pension. The learned Single Judge directed the State to consider the claim and pass orders on 18.09.2020. The State failed to comply, leading to the filing of W.P.No.103766/2021. The learned Single Judge allowed that petition on 04.10.2021, directing compliance. The State filed the present writ appeal against that order. The appeal was heard and reserved for judgment on 17.04.2023, and judgment was delivered on 07.07.2023.
Acts & Sections
- Karnataka High Court Act, 1961: Section 4
