B. S. Nanjundaswamy vs The State Of Karnataka on 26 April, 2018

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Karnataka High Court

B. S. Nanjundaswamy vs The State Of Karnataka on 26 April, 2018

Bench: A.S. Bopanna

                          1


IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 26TH DAY OF APRIL, 2018

                       BEFORE

       THE HON'BLE MR. JUSTICE A.S. BOPANNA

         WRIT PETITION NO.55787/2017 (S-RES)

BETWEEN:

B.S.NANJUNDASWAMY
S/O. LATE B.M. SHIVARUDRAIAH
AGED ABOUT 61 YEARS
RETD. SECOND DIVISION CLERK
KALPATHARU COMPOSITE P.U. COLLEGE
HIGHER SECONDARY DIVISION
KITTADAL POST
HOSADURGA TALUK-577 533
CHITRADURGA DISTRICT.
                                       ...PETITIONER

(BY SRI SHANTHARAJ K, ADV.)

AND:

1.     THE STATE OF KARNATAKA
       BY ITS PRINCIPAL SECRETRAY
       DEPARTMENT OF EDUCATION
       M.S. BUILDING
       BANGALORE-560 001.

2.     THE BLOCK EDUCATION OFFICER
       HOSADURGA- 577 533.
       CHITRADURGA DISTRICT.

3.     DEPUTY DIRECTOR OF PUBLIC
       INSTRUCTION (ADMN)
       CHITRADURGA-577 501.
                                     ...RESPONDENTS

(BY SRI A.C. BALARAJ, HCGP)
                              2


      THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECT THE 2ND RESPONDENT TO CONSIDER HIS
APPLICATION DTD 28.8.2017 AND SANCTION A SUM OF
RS.4,19,317/- AS EARNED LEAVE FORTHWITH VIDE
ANNXURE-B.

    THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING IN 'B' GROU THIS DAY, THE COURT MADE THE
FOLLOWING:
                          ORDER

The petitioner is before this Court seeking issue of direction to respondent No.2 to consider his application dated 28.08.2017 and sanction earned leave benefit as sought therein.

2. The petitioner had retired from the service of Kalpatharu Composite P.U. College on 30.11.2016. He has filed an application dated 17.01.2017 seeking the amount of Rs.4,19,314/- to be the benefits towards earned leave. Since, a consideration in that regard is not made, the petitioner is before this Court in this petition.

3. The petitioner also seeks to rely on the interim orders passed by a Hon'ble Division Bench of this Court in W.A.No.2476/2015 and connected appeals dated 27.11.2015. In the nature of the case as pleaded 3 by the petitioner, a positive direction to pay the amount would not arise at this juncture, inasmuch as the respondents are required to take note of the application submitted by the petitioner, verify his entitlement for earned leave and in that light, while keeping in view the order as referred in writ appeal, a decision is required to be taken by the respondents. In that view, to that extent, a direction is necessary to be issued to respondent No.3 to take note of the application and take a decision in accordance with law.

4. To enable the same, the petitioner shall now file one more copy of the representation and all supporting documents to the respondent No.3 along with a copy of this order. On receipt of the representation, the respondent No.3 shall secure all particulars, verify the same and take a decision in the matter and convey the same to the petitioner as expeditiously as possible but, not later than two months from the date on which the representation is submitted. Needless to mention that, if the consideration is in favour of the petitioner and any 4 payment is required to be made, steps shall be taken to pay the same thereafter.

In terms of the above, the petition stands disposed of.

Sd/-

JUDGE ST

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