Case Note & Summary
The respondent, Smt. Shantavva, aged 91 years, applied for freedom fighters' pension under the Karnataka Freedom Fighters' Pension Rules, 1980. Her claim was rejected by the State vide order dated 02.09.1998. She challenged this rejection in W.P.No.77132/2013, which was allowed by a Single Judge on 20.08.2013, quashing the rejection order and directing the State to reconsider her claim afresh in accordance with law. The State did not appeal this order. Instead, the State again rejected her claim on 30.09.2021, citing the same reasons. The respondent then filed W.P.No.103786/2021, which was allowed by another Single Judge on 05.10.2021, directing the State to comply with the earlier direction and grant pension with arrears. The State appealed this order. The Division Bench held that the State's failure to comply with the earlier direction and its subsequent rejection based on the same grounds amounted to contempt and abuse of process. The appeal was dismissed, and the State was directed to comply with the order within four weeks.
Headnote
A) Constitutional Law - Freedom Fighters' Pension - Res Judicata - The State cannot re-agitate issues already decided by a competent court; the earlier order in W.P.No.77132/2013 dated 20.08.2013 quashing the rejection order and directing reconsideration attained finality and could not be ignored. (Paras 1-3)
B) Contempt of Court - Wilful Disobedience - The State's failure to comply with the direction to reconsider the claim and its subsequent rejection based on the same grounds constituted wilful disobedience and contempt. (Paras 4-6)
C) Administrative Law - Abuse of Process - The State's attempt to re-adjudicate the claim after the earlier order and to file a writ petition challenging the same was an abuse of process. (Paras 7-9)
Issue of Consideration
Whether the State was justified in not complying with the earlier direction of the Single Judge to reconsider the respondent's claim for freedom fighters' pension, and whether the subsequent order of the Single Judge directing compliance was valid.
Final Decision
The Division Bench dismissed the writ appeal, upholding the order of the Single Judge dated 05.10.2021. The State was directed to comply with the order within four weeks.
Law Points
- Freedom fighters' pension
- res judicata
- contempt of court
- abuse of process
- Karnataka Freedom Fighters' Pension Rules
- 1980
Case Details
2023 LawText (KAR) (07) 63
Writ Appeal No.100208 of 2022 (GM-FF)
Justice R. Devdas, Justice Rajesh Rai K
Smt. Vidyavathi M. Kotturshettar, AAG and Sri. V.S. Kalasurmath, HCGP for appellants; Sri. H.M. Dharigond and Smt. Sangeetha F. Kallimani for respondent
The State of Karnataka, represented by Principal Secretary, Department of DPAR (Political Pension), Bengaluru and The Deputy Commissioner, Dharwad District, Dharwad
Smt. Shantavva W/o. Mahadevappa Dindalkoppa
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Nature of Litigation
Writ appeal against order of Single Judge directing grant of freedom fighters' pension with arrears.
Remedy Sought
Appellants (State) sought to set aside the order dated 05.10.2021 in W.P.No.103786/2021.
Filing Reason
State aggrieved by direction to grant pension despite earlier rejection.
Previous Decisions
W.P.No.77132/2013 allowed on 20.08.2013 quashing rejection order and directing reconsideration; W.P.No.103786/2021 allowed on 05.10.2021 directing compliance.
Issues
Whether the State's failure to comply with the earlier direction in W.P.No.77132/2013 and subsequent rejection of claim on same grounds was justified.
Whether the Single Judge's order in W.P.No.103786/2021 directing compliance was valid.
Submissions/Arguments
Appellants argued that the respondent's claim was not maintainable as per rules.
Respondent argued that the earlier order had attained finality and the State was bound to comply.
Ratio Decidendi
Once a court order attains finality, it is binding on the parties and cannot be ignored or re-agitated. The State's failure to comply with the earlier direction and its subsequent rejection based on the same grounds amounts to contempt and abuse of process.
Judgment Excerpts
The appellants in this writ appeal have questioned the correctness and validity of the order dated 05.10.2021, passed by the learned Single Judge in W.P.No.103786/2021, wherein the learned single Judge by allowing the writ petition directed the appellants to comply with the directions issued by the learned single Judge of this Court in W.P.No.77132/2013 dated 20.08.2013 and to pass appropriate orders regarding grant of freedom fighters' pension together with all arrears in favour of the respondent.
Procedural History
Respondent's claim for freedom fighters' pension rejected on 02.09.1998. She filed W.P.No.77132/2013 which was allowed on 20.08.2013 quashing rejection and directing reconsideration. State again rejected claim on 30.09.2021. Respondent filed W.P.No.103786/2021 which was allowed on 05.10.2021 directing compliance. State filed this writ appeal.
Acts & Sections
- Karnataka High Court Act, 1961: Section 4
