Karnataka High Court
Bengaluru: A surprising news is coming out from Karnataka. Here an 88 year old son had to fight a legal battle for decades for his father’s 37 thousand rupees. Finally, the Karnataka High Court has termed this case as an unfortunate case of insensitive bureaucratic red tape and has directed the authorities to release the dues of a village officer from 1979 to 1990. The court said in its order, “It is unfortunate that another village officer became a victim of insensitive bureaucratic red-tapism and died without receiving compensation. His son, an 88-year-old man, is still fighting for his father’s rights.” Fighting.It is very surprising that the state government has taken such an unstable step.
Took refuge in High Court in 2021
The bench of Justice PS Dinesh Kumar and Justice TG Shivshankar Gowda said in its decision, “It is settled that the petitioner’s father was not entitled to compensation as he was not sanctioned compensation for the arrears.” Let us tell you that Rajajingar of Bengaluru. Resident TS Rajan, son of late TK Sheshadri Iyengar, approached the High Court with a writ petition in the year 2021. His father worked as a ‘Patel’ in Thangali village of Kadur taluk in Chikkamagaluru district.
According to an order passed by the High Court and later upheld in an appeal (1997) the petition filed by the Karnataka State Patel Association was allowed and Rajan’s father was also one of the beneficiaries. According to the order, TK Sheshadri Iyengar was to receive a compassionate allowance of ₹100 per month from August 1979 to June 1990.
Was rejected in many places
Rajan’s father filed several applications and representations for allowance but it was not approved. After his father’s death, Rajan presented a memorandum to the Tehsildar of Kadur requesting for payment. But it was rejected in 2017. Rajan then approached the Karnataka State Administrative Tribunal, which also rejected his application, after which he approached the High Court. The Tehsildar had rejected the petitioner’s request on the grounds that his father had not received ad-hoc allowance.
State government’s answer is not legally correct
Rajan’s lawyer argued in the High Court that this response of the state government is not legally correct because approving and issuing ad-hoc allowance is also the job of the government. The court in its judgment rejected the state’s arguments and said, “It was argued on behalf of the State Government that since the petitioner has not been given ad-hoc compensation and, therefore, he is not entitled to claim the dues.” This is surprising. We may record that there is no dispute by the Government that the father of the petitioner was serving as the Patel of Village Thangali.” The State should have considered the claim of arrears.
Payment will be made with 10 percent interest
The Court ordered that the State should calculate and pay the outstanding amount between 1979 and 1990 as well as ad-hoc allowance at the rate of ₹100. Further, the Court said that the allowance and dues for the years 1990 to 1994 should be paid at the rate of Rs 500 per month. It also ordered 10 percent simple interest on the amount from the date of eligibility. The court ordered that payment be made within three months.
(Input-PTI)
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