B N Rangaswamy v. The Managing Director

NC:(2026:KHC:17910( WP(No.(10730(of(2023( ( , ,,HC-KAR( ( ( IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU(

STDATED(THIS(THE(1 (DAY(OF(APRIL,(2026(

BEFORE( THE(HON'BLE(MR.(JUSTICE(ANANT(RAMANATH(HEGDE( WRIT(PETITION(NO.(10730(OF(2023((S-KSRTC)( BETWEEN:(( ( B,N,RANGASWAMY,, S/O,NANJE,GOWDA,AGED,ABOUT,50,YEARS,, WORKING,,AS,CONDUCTOR,, (INCHARGE,TC),,KSRTC,NELAMANGALA,DEPOT,, BANGALORE,,RURAL,DISTRICT., …PETITIONER, (BY,SRI,SRINIVASA,K,,ADVOCATE), AND:( (

1., THE,MANAGING,DIRECTOR,, KSRTC,,CENTRAL,,OFFICE,K,.H,ROAD,, SHANTINAGAR,BANGALORE,,560,027., ,

2., THE,CHIEF,PERSONNEL,MANAGER, KSRTC,,CENTRAL,OFFICE,,Digi tally signedtiby K,H,ROAD,,SHANTHINAGAR,, PRAMILA0G0V BANGALORE,,-,560,,027., Location: , HIGH0COURT 3., THE,DIVISION,CONTROLLER,, OF KSTRC,,BANGALORE,RURAL,DIVSION,, KARNATAKA K.H,ROAD,,SHANTHINAGAR,BANGALORE,,-,560,027., …RESPONDENTS, (BY,SMT,RENUKA,H,R,,ADVOCATE,FOR,R1,TO,R3), , THIS, WRIT, PETITION, IS, FILED, UNDER, ARTICLES, 226, AND, 227, OF, THE, CONSTITUTION, OF, INDIA, PRAYING, TO, QUASH, THE, IMPUGNED, ENDORSEMENT, DTD, 27.07.2022, ISSUED, BY, THE, R3, VIDE, ANNEXURE-J, TO, THE, WRIT, PETITIONDIRECT, THE, RESPONDENTS, TO, CONSIDER, THE, REPRESENTATION,OF,THE,PETITIONER,DTD,23.08.2022,VIDE, ANNEXURE-L, TO, THE, WRIT, PETITION, AND, CONSEQUENTLY,

DIRECT THE RESPONDENTS TO GRANT ALL THE SERVICE BENEFITS LIKE THE COUNTING OF THE TOTAL LENGTH OF SERVICE RENDERED IN CRPF FOR THE PURPOSE OF PAY FIXATION, GRANT OF ANNUAL INCREMENTS, SENIORITY AND THE ARREARS OF SALARY FOR THE SERVICE RENDERED BY THE PETITIONER AS EX-SERVICEMEN (CRPF) FROM THE YEAR 1994 TO 2006 VIDE HIS REPRESENTATION DTD 10.08.2022 ADDRESSED TO THE R1.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

ORAL ORDER Heard the learned counsel appearing for the petitioner learned counsel appearing for respondent/Corporation.

¶2This petition is filed assailing the endorsement dated 27.07.2022 marked at Annexure - J issued by respondent no.3.

¶3The petitioner who was earlier working in Central Reserve Police Force was invalidated on account of injuries sustained while on duty. The petitioner applied for the post of conductor under the respondent/Corporation and was selected. The petitioner filed an application on 13.07.2021 to protect his pay by taking into consideration his previous pay in the Central

Reserve Police Force and made a request to grant benefit under circular dated

24.07.2012 issued by respondent/Corporation.

¶4The Corporation rejected the application vide impugned endorsement dated 23.06.2022 holding that the petitioner cannot take benefit of the circular dated 24.07.2012 on the premise that the benefit conferred under the said circular is available only to those persons who have served in Army, Navy and Air Force.

¶5Aggrieved by the said endorsement, the petitioner is before this Court and the learned counsel for the petitioner would urge that the endorsement issued by the Corporation is contrary to the Central Government Office Memorandum dated

23.11.2012 bearing number 27011/100/202-R&W. The said Office Memorandum reads as under: OFFICE MEMORANDUM Subject: Designating the retired Central Armed Police Force (CAPF i.e. CRPF, BSF CISF, ITBP and SSB) personnel as "Ex-Central Armed Police Force personnel (EX-CAPF personnel).

There has a demand from various for a that the retired Central Armed Police Force (CAPF) personnel may be given the status of Ex-CAPF personnel. Accordingly a proposal was sent to Government for their consideration. Cabinet Committee on security has approved the proposal of this Ministry to declare retired Central Armed Police Force personnel from Central Reserve Police Force (CRPF), Border Security Force

(BSF), Central Industrial Security Force (CISF), Indo-Tibetan Border Police

(ITBP) Sashastra seema Bal (SSB) as "Ex-Central Armed Police Force personnel" (Ex-CAPF personnel).

¶2Based on such designation, the State/UT Governments concerned may extend suitable benefits to them on the lines of the benefits extended by the State/UT Governments to the Ex-Servicemen of Defence Forces".

¶6Referring to the said Memorandum, it is urged that the Central Government has issued direction to the State Government and the Union Territories to extend suitable benefits to the persons who worked in Central Reserve Police Force, Border Security Force, Central Industrial Security Force, Indo-Tibetan Border Police and Sathastra Seema Bal as Ex-Central Armed Police Force personnel.

¶7Learned counsel for the petitioner would urge that the endorsement overlooks the binding Official Memorandum dated 23.11.2012 and the Circular dated 24.07.2012.

¶8Learned counsel appearing for respondent/Corporation would urge that the said Official Memorandum does not bind Corporation Corporation has not yet adopted the Official Memorandum dated 23.11.2012.

¶9The Court has considered the contentions raised at the bar and perused the records.

¶10As can be seen from the Circular dated 24.07.2012, the benefit conferred under the said circular relating to pay protection extends to the Ex-serviceman who worked in Military, Navy and Air Force. There is no express reference to the personnel who worked under Central Reserve Police Force.

¶11The Government of India in the aforementioned Official Memorandum dated 23.11.2012 has clarified that the status of ex-Central Armed Police Force personnel be granted to personnel from Central Reserve Police Force, Border Security Force, Central Industrial Security Force, Indo-Tibetan Border Police and Sashastra Seema Bal.

¶12There is no dispute over the fact that the petitioner worked under Central Reserve Police Force before his appointment in the respondent/Corporation. As can be seen

from Annexure - J - the impugned endorsement, there is no reference to the Official Memorandum dated 23.11.2012 issued by the Central Government.

¶13It is also relevant to notice that on 04.11.2022 the State Government has passed an order which has bearing on the controversy. In terms of the said order, the State Government has directed to confer benefits available to the Ex Central Armed Police Force personnel to retired personnel from Central Reserve Police Force, Border Security Force, Central Industrial Security Force, Indo-Tibetan Border Police and Sashastra Seema Bal.

¶14Thus, the respondent/Corporation is required to consider whether the petitioner is entitled to the benefit of the said Official Memorandum read with Government Order dated

04.11.2022 and Circular dated 24.07.2012.

¶15The petitioner is permitted to file a separate representation to the respondent/Corporation based on the order dated

04.11.2022 thereafter, respondent/Corporation has to pass appropriate orders by taking into consideration the order dated 04.11.2022 in accordance with law.

¶16The exercise shall be completed within 45 days from the date of receipt of the application.

¶17Hence the following: ORDER

(i) The Writ Petition is allowed.

(ii) The impugned endorsement dated 27.07.2022 vide Annexure - J is quashed.

(iii) The petitioner is permitted to file application along with order dated 04.11.2022 marked at Annexure - M1.

(iv) The respondent/Corporation shall consider the same in accordance with law and pass appropriate orders within 45 days from the date of receipt of the copy of this order. Sd/- (ANANT RAMANATH HEGDE) JUDGE

brn List No.: 1 Sl No.: 43