State of Karnataka Represented by its Secretary to Department of Public Works v. Shivraj
2009-11-25
D.V.SHYLENDRA KUMAR, K.N.KESHAVANARAYANA
body2009
DigiLaw.ai
Judgment : This Writ Petition by the State Government is directed against the order dated 29.08.2007 passed by the Karnataka Administrative Tribunal, Bangalore, in Application No. 5943/2004. Wherein the Tribunal had allowed the application of the respondent, a Class-IV employee, in whose favour the State Government had played hide and seek game of providing a time bound career advance increment which was later withdrawn, was challenged before the Tribunal and the Tribunal having directed the Government to restore the benefit the State Government has presented this writ petition before this Court under Article 227 of the Constitution of India. 2. The writ petition has come up for orders for the purpose of the Government Advocate furnishing the number of connected writ petitions filed by the State. While Sr. M. Kumar, Learned Additional Government Advocate appearing for the writ petitioner, is unable to furnish this information right now and submits that it can be provided within a week and the connected number filed before the Registry. We find there is absolutely no need to retain the writ petition on the file of this Court, having regard to the trivial nature of the subject matter. 3. Though several contentions are sought to be urged by Sri. M.Kumar about the legality of the order passed by the Tribunal, we find the attitude of the State Government in bringing litigation before this Court in 226 jurisdiction to fight a meager benefit extended to a class – IV employee rightly or wrongly but withdrawn later only to compel the employee to approach the Tribunal for relief and then to pursue the litigation before this Court is nothing short of a most injudicious way of utilizing the State resources. 4. An undeserving fight against a timid class-IV employee by the State Government is nothing short of gross abuse of the powers of the State which only makes us to recall the Kannada Proverb “Gubbi mele Brahmashthra”, a nuclear bomb being dropped on a sparrow. 5. The State Government is wasting its time, resources, man power and what not on such unnecessary and unproductive litigation and this has also added to the burden of this Court and public time is being spent on such matters. The State Government only deserves to be mulcted with exemplary cost. The writ petition has no merit and is dismissed awarding cost of Rs.5,000/-in favour of the respondent.
The State Government only deserves to be mulcted with exemplary cost. The writ petition has no merit and is dismissed awarding cost of Rs.5,000/-in favour of the respondent. Cost be either paid directly to the 4th Petitioner or to the Counsel for the 4th Petitioner, failing which, it is to be deposited before this Court within six weeks. On such deposit the respondent is at liberty to draw the amount from the Registry. The Registry is directed to issue a cheque in the name of the respondent and the Counsel for the respondent is permitted to receive the same on behalf of the respondent.