T SAMPATH IYENGAR

BWSSB pension upgradation implementation of court order‏

Further to my yesterday's note on the above subject,I have information that on a contempt petition by the BWSSB pensioners Association, the Govt. of Karnataka and the Board were more gracious than the Govt.of India and LIC ,by agreeing to pay 50% of the arrears by 31-03-2013 and the balance of 50% by end of September 2013. 

The relevant court order is attached. 

Please click below to read the order.

Karnataka High Court

Bwssb Pensioners Association vs K S Manjunath on 27 February, 2013

Author: D.V.Shylendra Kumar Gowda

IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 27TH DAY OF FEBRUARY, 2013 PRESENT

THE HON'BLE MR.JUSTICE D V SHYLENDRA KUMAR AND

THE HON'BLE MR.JUSTICE B SREENIVASE GOWDA CCC [Civil] Nos.1425 & 1465 of 2012 BETWEEN:

1. BWSSB PENSIONERS ASSOCIATION NO.288-16, 5TH MAIN,

MAHALAKSHMI LAYOUT,

BANGALORE - 560 086,

REP. BY ITS PRESIDENT

SRI H S PUTTA KEMPANNA

(FORMER CHAIRMAN OF THE BOARD)

2. SRI T RAMAIAH

AGED ABOUT 66 YEARS,

SENIOR ASST. RETD.

BWSSB, 10/2, 2ND CROSS,

TAVREKERE, BTM I STAGE,

BANGALORE - 560 085. ... COMPLAINANTS [By Sri H N Narayana, Sr. Counsel for Smt Lakshmy Iyengar, Adv.]

AND:

1. K S MANJUNATH

THE SECRETARY

BANGALORE WATER SUPPLY

AND SEWERAGE BOARD

CAUVERY BHAVAN,

K.G. ROAD,

BANGALORE - 560 001

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2. DR AMITA PRASAD

THE PRINCIPAL SECRETARY

GOVERNMENT OF KARNATAKA,

M.S. BUILDING,

BANGALORE - 560 001 ... ACCUSED [By Sri M S Narayan, Adv. for A1; Sri V S Hegde, AGA for A2]

THESE CCCs ARE FILED UNDER SECTIONS 11 & 12 OF THE CONTEMPT OF COURT ACT BY THE COMPLAINANTS PRAYING TO INITIATE CONTEMPT OF COURT PROCEEDINGS AGAINST THE ACCUSED FOR DISOBEYING THE ORDER DATED 31.01.2012 PASSED BY THIS COURT IN W.A. NO. 4738/2011 (S-R) VIDE ANNEXURE - 'B' AND ETC.,

THESE CCCs COMING ON FOR ORDERS, THIS DAY, SHYLENDRA KUMAR, J., MADE THE FOLLOWING: ORDER

Additional better affidavit of accused No.1 - Chief Administrative Officer, Bangalore Water Supply and Sewerage Board is placed before the court, to which is annexed document Nos.1 to 4. It is indicated that the direction in the court order for payment of arrears is being implemented in stages and 50% will be paid by 31.3.2013 and balance 50% will be paid by the end of September 2013 and that having regard to huge financial implications, it has become inevitable.

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2. Mr. Narayan, learned counsel appearing for the accused submits that monetary benefits has to be calculated in respect of as many as 1,994 persons, which is a gigantic task and the Board has to consider the same.

3. Mr. Narayan, learned counsel appearing for the accused submits that insofar as the medical facilities is concerned it has been considered and rejected.

4. Mr. H.N. Narayan, learned senior counsel points out to paragraph 13 of the order of the learned Single Judge to submit that the Board has not appreciated the spirit and purpose of the order in this paragraph, that it has not kept in mind humanitarian grounds and the cause of the employees, but by making a reference to other public sector undertakings, to reject the claim is not apt and rejection is virtually not keeping in view the spirit of the order.

5. We notice that the direction for medical facilities was only to consider. The Board has bona fide considered and 4

has rejected their request for monetary benefit in respect of medical facilities, post retirement.

6. While exercising contempt jurisdiction, we will not sit in appeal, but we appreciate the efforts made on the part of the accused. We do not find any lack of bona fides on their part.

7. We dismiss these contempt petitions reserving liberty to the complainants to pursue their rights and remedies, if any, elsewhere in accordance with law. Sd/-

JUDGE

Sd/-

JUDGE

NG*