Case Note & Summary
The petitioners, D. Krishna Reddy and L.N. Bhaskar Rao, were retired employees of Karnataka Milk Federation (KMF), a cooperative society. They filed applications before the Karnataka Administrative Tribunal (KAT) seeking revision of their pensions in line with government orders applicable to government servants. The KAT dismissed their applications. Aggrieved, they filed writ petitions under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka. The High Court, after hearing the parties, held that the petitioners were not government servants but employees of a cooperative society, and therefore, they were not entitled to the pension revision sought. The court dismissed both writ petitions, upholding the orders of the KAT.
Headnote
A) Service Law - Pension - Definition of Government Servant - Petitioners were employees of KMF, a cooperative society, not government servants - Held that they are not entitled to pension revision under government orders applicable to government servants (Paras 1-5).
Issue of Consideration
Whether the petitioners, who were employees of Karnataka Milk Federation (KMF), a cooperative society, are entitled to pension revision as per government orders applicable to government servants.
Final Decision
Both writ petitions dismissed. Orders of Karnataka Administrative Tribunal upheld.
Law Points
- Pension Rules
- Government Servant Definition
- Cooperative Society Employees
- Karnataka Administrative Tribunal
- Articles 226 and 227 of Constitution of India
Case Details
2017 LawText (KAR) (01) 1
Writ Petition No.38872/2016 (S-KAT) and Writ Petition No.38870/2016 (S-KAT)
Jayant Patel, P S Dinesh Kumar
Sanjeeva Murthy U S (for petitioners), D. Nagaraj (AGA for respondents)
D. Krishna Reddy and L.N. Bhaskar Rao
State of Karnataka and The Commissioner, Animal Husbandry and Veterinary Services
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Nature of Litigation
Writ petitions challenging orders of Karnataka Administrative Tribunal dismissing applications for pension revision.
Remedy Sought
Petitioners sought setting aside of KAT orders and allowance of their applications for pension revision.
Filing Reason
Petitioners, retired employees of KMF, claimed entitlement to pension revision as per government orders for government servants.
Previous Decisions
KAT dismissed Application No.4985/2014 and Application No.5472/2014, leading to these writ petitions.
Issues
Whether employees of a cooperative society (KMF) are government servants entitled to pension revision under government orders.
Submissions/Arguments
Petitioners argued that they were entitled to pension revision as per government orders.
Respondents contended that petitioners were not government servants and thus not entitled.
Ratio Decidendi
Employees of a cooperative society are not government servants and are not entitled to pension revision under government orders applicable to government servants.
Judgment Excerpts
The petitioners were employees of KMF, a cooperative society, and not government servants.
Hence, they are not entitled to the pension revision as sought.
Procedural History
Petitioners filed applications before KAT for pension revision; KAT dismissed them; petitioners filed writ petitions under Articles 226 and 227 before High Court.
Acts & Sections
- Constitution of India: Articles 226, 227
