JOIN USDismissing an appeal by the State government, the Division Bench headed by Justice N Kumar directed the State to pay them pension with retrospect effect from the date of retirement. The Court has also directed the State to pay each of the DVAs a sum of Rs 5,000 as litigation expenditure.
Earlier during the hearing, Advocate General Ashok Harnahalli submitted that the State government cannot give them pension, as the Karnataka State Civil Services Rules (KSCSR) does not apply to them and also they were not given appointment order.
Senior Counsel Subramanya Jois appearing for the respondents argued that they need not have appointment order, as they have been absorbed in service since April 1, 1964 when the Karnataka Land Revenue (KLR) Act 1964 came into effect.
The Court rejected the government’s contention by observing that the State government could not raise the same contentions which have been previously rejected by various courts.