State Of Karnataka & Anr vs Karnataka State Patels Sangha & Anr

Respondent No.1 is Karnataka State Patels Sangha and Respondent No. 2 is Patel Srinivasa Reddy. The present writ petition was filed by the respondents claiming similar treatment as was given to Shanbhogues category of Village Officers. The contention in the writ petition was that both Patels as well as Shanbhogues are holders of similar offices within the meaning of Section 2(n) of the Karnataka Village Offices Abolition Act, 1961 ( hereinafter to be referred to as "the Act"). After abolition of these village offices, Shanbhogues were granted compassionate allowance or ad hoc pension at the rate of Rs.100/- per month with effect from 30.7.1979 and the same was raised to Rs.500/- per month with effect from 20.7.1991. So far as Patels are concerned, their demand for grant of similar treatment i.e. ad hoc pension or compassionate allowance at the rate of Rs.100/- per month was also conceded by the State with effect from 1.8.1984 and similarly, the enhancement of compassionate allowance was also made to Rs.500/- per month with effect from 30.5.1994. Therefore, the grievance of the Association of Patels i.e. the members of the Association was that when the Shanbhogues were given the benefit w.e.f. 30.7.79 & 20.7.1991, then similar treatment should also be given to the members of the Respondent No.1- Association with effect from the same date as they were similarly situated. Since it was denied to them, therefore, they filed writ petition in the High Court of Karnataka seeking a direction against the State Government for extending the similar benefit as was given to the Shanbhogues. Learned Single Judge of the High Court allowed the writ petition and granted similar benefit with retrospective effect as was given to the Shanbhogues i.e. ad hoc pension of Rs.100/- with effect from the same date as was given to the Shanbhogues Village Officers and likewise enhanced allowance at the rate of Rs.500/- from the same date as was given to the Shanbhogues. Aggrieved against the order of the learned Single Judge, the matter was taken up before the Division Bench and the Division Bench affirmed the order of the learned Single Judge. Aggrieved against the order of the Division Bench of the High Court the appellants have filed the present appeals.

(iii) If the petitioner-Patel Srinivasa Reddy ( in W.P.No.33919 has made application either for grant of compassionate allowance or for grant of adhoc allowance pursuant to the orders at Annexures-'A' and 'B' before the appropriate authority, that application or those applications shall be considered on merits and if he is found eligible, he shall be paid compassionate allowance at Rs.100/- a month from 01-08-1979 till 30-06-1990 and ad-hoc allowance at Rs.500/- from 01-07-1990 till date.

(iv) Applications, if any, by persons claiming to be Gumasta Patel are pending before the competent authorities, those applications shall be considered on merits and if they are otherwise found eligible they shall be paid compassionate allowance at Rs.100/- a month from 01-08-1979 to 30-06-1990 and ad-hoc allowance at Rs.500/- from 01-07-1990 till date."

As a result of our above discussion, we do not find any merit in these appeals and the same are dismissed. No order as to costs.