Isabella Mariam

The High Court of Karnataka Single Bench of Justice M. Nagaprasanna allowed a writ petition seeking release of cash awards due to a para-swimming champion under two government orders issued by the State Government. The court directed the respondents to pay the remaining sum of ₹1,26,000/- to the petitioner within two weeks, in addition to awarding ₹2,00,000/- as costs for litigation to be personally borne by officials of the Department of Youth Empowerment and Sports. The court further instructed that a daily penalty of ₹1,000/- would be imposed for each day of delay beyond the two-week period.

The petitioner, a para-swimmer who lost both arms at a young age due to a mishap, rose to become an international-level athlete. He participated in several prestigious national and international championships, including the IOM Berlin Para-Swimming German Open (2017 and 2018), Speedo Can Am International Para-Swimming Championships in Ottawa, Canada (2016), National Para-Swimming in Udaipur (2017), and the Indian Open Swimming Competition in Bangalore (2018). For his achievements, he sought a cash award of ₹6,00,000/- under Government Order No. YuSeEe 278 YuSeKree 2013 dated 30.11.2013, which specified cash incentives for persons with disabilities who win medals in international events.

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Despite submitting his application in the prescribed format on 07.03.2018 and repeated representations thereafter, the petitioner received no response from the authorities. Later, he was informed about another Government Order No. YuSeEe 280 YuSeKree 2017 dated 09.10.2017, which he also cited to support his claim. However, no award was granted. On 04.08.2023, the petitioner made a final written representation to the Commissioner of the Directorate of Youth Empowerment and Sports, outlining his achievements, challenges, and his eligibility under both government orders.

In response to the writ petition, the State contended that a sum of ₹4,74,000/- had already been disbursed and that the petitioner was not entitled to the full ₹6,00,000/- claimed, citing a temporary disqualification of the association through which he participated. The petitioner argued through counsel Smt. O. Ashwini that the denial amounted to inhumane treatment and was contrary to the Rights of Persons with Disabilities Act, 2016.

The court recorded that "Disability is that he does not have both his arms. But he has pursued his dream of becoming a swimmer; becomes a Para swimmer and won accolades all over the globe." The judgment noted the awards and medals won by the petitioner and stated, "To incentivize and honour such triumphs over adversity, the Government of Karnataka, had on 30-11-2013, issued the Government Order earmarking substantial cash rewards to sports persons with disabilities."

It was found that the petitioner had fulfilled all conditions prescribed in the 2013 Government Order. The court determined, "The sporting events that have taken place were during the subsistence of the Government Order of the year 2013. Therefore, what would be applicable to the petitioner is undoubtedly the Government order dated 30-11-2013, which gives him ₹6,00,000/- cash prize."

Rejecting the State's argument about the association's disqualification, the court recorded, "The Association suspension or its subsequent revocation cannot deprive a deserving athlete his rightful reward. The cash prize is awarded not because of sportsperson being from any Association; it is the said sportsperson’s effort during the sporting event that they would win a medal for the Nation or for the State."

The court strongly criticized the conduct of the State machinery: "When a man without arms dives into pools and emerges not just victorious, but triumphant on the international stage, the State is expected to salute that spirit, not stifle his rights by red-tapism." Further, "It is nothing but a sad reflection on the functioning of the State’s machinery. Such callous indifference, particularly towards a person with disability, calls for not just a correction, but censure."

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The court directed, "Writ Petition is allowed with costs of ₹2,00,000/- payable towards litigation expenses to the petitioner." It further ordered, "The respondents/State is directed to release payment of ₹1,26,000/- to the petitioner, within two weeks from the date of receipt of a copy of this order."

The judgment specified consequences for non-compliance: "In the event, the amount of ₹1,26,000/- is not paid within two weeks... the petitioner would be entitled to the costs of ₹1,000/- for every day’s delay after the said two weeks, day-on-day, till it reaches the doors of the petitioner."

Regarding the litigation costs, the court stated, "The cost of ₹2,00,000/- shall be borne personally by the officials of the Department of Youth Empowerment and Sports, responsible for denying the petitioner his due. The said sum shall not be drawn from the public exchequer." It ordered all directions to be complied with "within 4 weeks from the date of receipt of the copy of this order."

Advocates Representing the Parties:

For the Petitioner: Smt. O. Ashwini, Advocate

For the Respondents: Sri Spoorthy Hegde N., High Court Government Pleader

Case Title: Sri Vishwas K.S. vs State of Karnataka and Others

Case Number: WP No. 20895 of 2023

Bench: Justice M. Nagaprasanna