The State Of Karnataka vs. P. Shobha

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No(s). 1668/2022

(Arising out of impugned final judgment and order dated 23-10-2021 in WP No. 13242/2021 passed by the High Court Of Karnataka At Bengaluru)

THE STATE OF KARNATAKA & ORS. Petitioner(s)

VERSUS

P. SHOBHA & ANR. Respondent(s)

(FOR ADMISSION and I.R. and IA No.16042/2022-EXEMPTION FROM FILING O.T.)

Date : 18-02-2022 This petition was called on for hearing today.

• CORAM : HON'BLE MR. JUSTICE M.R. SHAH HON'BLE MRS. JUSTICE B.V. NAGARATHNA
• For Petitioner(s) Mr. V. N. Raghupathy, AOR Md. Apzal Ansari, Adv.
• For Respondent(s) Ms. Rekha Chandrasekhar, Adv Mr. H. Chandra Sekhar, AOR

UPON hearing the counsel the Court made the following O R D E R

Having heard Mr. V.N.Raghupathy, learned counsel appearing for the petitioners and considering the impugned judgment and order passed by the High Court, we are of the firm opinion that, in the facts and circumstances of the case, the State ought not to have preferred the Special Leave Petition and increase the burden of this Court by filing such a frivolous Special Leave Petition. It is a question of one additional increment paid to the employees. The additional increments were paid for 30-36 years and thereafter they are sought to be recovered after the employees are retired and that too on the objection raised by the audit party. The State Digitally signed by R Natarajan Date: 2022.02.21 16:51:48 IST Reason: Signature Not Verified

cannot be permitted to recover the amount which was paid for 30-36 years uninterruptedly and that too after the retirement. The High Court has rightly set aside the recovery. We are in complete agreement with the view taken by the High Court. The Special Leave Petition stands dismissed with costs, which is quantified at Rs. 10,000/- (Ten Thousand only) to be deposited by the petitioners with the Karnataka State Legal Services Authority to be deposited within a period of four weeks from today.

Pending application stands disposed of.

(R. NATARAJAN) (NISHA TRIPATHI) ASTT. REGISTRAR-cum-PS BRANCH OFFICER