Karnataka High Court
Sri N Nanjundappa vs The State Of Karnataka on 22 March, 2018
Author: B.Sreenivase Gowda
Bench: B.Sreenivase Gowda
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF MARCH, 2018
BEFORE
THE HON'BLE MR. JUSTICE B.SREENIVASE GOWDA
WRIT PETITION NO. 47778/2015 [S-R]
BETWEEN:
SRI.N.NANJUNDAPPA
S/O LATE V.NARAYANAPPA
AGED ABOUT 62 YEARS
RETIRED PRINCIPAL
NATIONAL COLLEGE
BAGEPALLI-561 2017.
R/AT, NO.241,10TH CROSS
NEAR Z.P.OFFICE
BAGEPALLI TOWN
CHICKBALLAPUR DISTRICT-561207.
... PETITIONER
(BY SRI. D.N.NANJUNDAREDDY., SENIOR ADV. FOR
SRI. P.CHANGALARAYA REDDY, ADV.)
AND:
1. THE STATE OF KARNATAKA
REP. BY ITS PRINCIPAL SECRETARY
DEPARTMENT OF HIGHER EDUCATION
MULTI-STORIED BUILDING
BANGALORE-560 001.
2. THE COMMISSIONER OF COLLEGIATE
EDUCATION IN KARNATAKA, PALACE ROAD
TECHNICAL EDUCATION BUILDING
BANGALORE-560 001.
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3. THE DIRECTOR OF HIGHER EDUCATION
IN KARNATAKA, PALACE ROAD
TECHNICAL EDUCATION BUILDING
BANGALORE-560 001.
4. THE ACCOUNTANT GENERAL IN KARNATAKA
OPP: UDYOGA SOUDHA
BANGALORE-560 001.
5. THE HONORARY SECRETARY
THE NATIONAL EDUCATION SOCIETY OF
KARNATAKA,
NATIONAL HIGH SCHOOL BUILDING
BASAVANGUDI,
BANGALORE-590 004.
6. THE PRINCIPAL
THE NATIONAL DEGREE COLLEGE
BAGEPALLI
CHICKABALLAPURA DISTRICT-561 207.
... RESPONDENTS
(BY SRI. Y.H.VIJAYAKUMAR., AGA., FOR R1 TO R4
SRI. K.C.SHANTHA KUMAR, ADV. FOR R5
R6-SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF CONSTITUTION OF INDIA PRAYING TO DIRECT
THE REESPONDENTS TO CONSIDER THE REPRESENTIONS
OF THE PETITIONER AND TO RELEASE THE PENSIONARY
BENEFITS DUE TO THE PETITIONER AND TO PAY INTEREST
AT 12% P.A. ON BELATED PAYMENT OF DCRG, COMMUTED
VALUE OF PENSION, LEAVE ENCASHMENT BENEFITS AND
ARREARS OF PENSION FROM THE DATE OF RETIREMENT OF
THE PETITIONER TILL THE DATE OF ITS PAYMENT.
THIS WRIT PETITION COMING ON FOR PRELEMINARY
HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE
FOLLOWING:
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ORDER
Petitioner has preferred this writ petition seeking for the following reliefs :
a) Issue a writ of mandamus or any other appropriate writ directing the respondents to consider the representations of the petitioner and to release the pensionary benefits due to the petitioner and to pay interest at 12% p.a. on belated payment of DCRG, commuted value of pension, leave encashment benefits and arrears of pension from the date of retirement of the petitioner till the date of its payment and
b) Pass such other order or grant such other relief/s as this Hon'ble Court deems fit in the interest of justice and equity.
2. Heard Sri. D.N.Nanjunda Reddy, learned Senior Advocate for Sri.P.Changalaraya Reddy, learned Counsel appearing for the petitioner and Sri. Y.H.Vijaya Kumar, learned AGA appearing for respondents 1 to 4 and Sri. K.C.Shantha Kumar, learned Counsel appearing for respondent No.5. Perused the writ petition and Annexures produced along with the writ petition. 4
3. Sri. Nanjunda Reddy, learned Senior Counsel for Sri. P.Chengalaraya Reddy, learned Counsel appearing for the petitioner submits, this Court by order dated 05-02- 2018 granted time to the respondents No.5 and 6 till 20- 02-2018 to finalise his pension papers and to ensure that pension is paid to the petitioner on or before 15-03-2018. But till day, petitioner has not been paid pension and therefore he prays for allowing the writ petition by issuing a writ of mandamus to the respondents to consider the claim of the petitioner for release of pensionary benefits.
4. Sri. Shantha Kumar, learned Counsel appearing for respondents 5 and 6 submits, as per the order of this Court dated 05-02-2018, respondents 5 and 6 have finalized the pension papers of the petitioner and submitted the papers to respondent No.2 on 08-02-2018, for consideration within the time granted by the Court and he submits, now it is for the official respondents to consider the claim of the petitioner for release of pension of 5 the petitioner. Learned Senior Counsel submits, petitioner has also submitted representation to the first respondent by enclosing a copy of the order of this Court dated 05-02- 2018 and first respondent is aware of the fact that respondents 5 and 6 have finalized the pension papers of the petitioner.
5. Sri. Vijayakumar, learned AGA appearing for official respondents 1 to 4 submits, as copies of the pension papers, now filed by the learned Counsel for respondents 5 and 6, and representation filed by the petitioner, were not served on him, he was not aware of the fact that respondents 5 and 6 have finalized the pension papers of the petitioner. However, today he is informed of the said fact and therefore respondents 1 and 2 may be granted reasonable time to consider the claim of the petitioner for release of pensionary benefits of the petitioner on merits and in accordance with law. 6
6. In view of the above submissions of the learned Counsel appearing for the parties and in view of the order of this Court dated 05-02-2018, the following order is passed :
Writ petition is allowed.
Respondents 1 and 2 are hereby directed to consider the pension papers of the petitioner forwarded by respondents 5 and 6 on merits and in accordance with law, as expeditiously as possible, in the facts and circumstances of the case, at any rate, within two months from the date of receipt of a copy of this order.
Petitioner is at liberty to take appropriate steps against respondents 5 and 6, if they have caused delay in forwarding his pension to the official respondents.
The prayer of the petitioner for payment of interest for the delayed period in processing the pension papers is reserved and petitioner is at liberty to take appropriate 7 steps against the concerned respondents who have committed delay in settling his pensionary benefits.
Sd/-
JUDGE Mgn