Karnataka High Court
Shri H S Babu Rao vs Canara Bank on 9 June, 2025
Author: H.T. Narendra Prasad
Bench: H.T. Narendra Prasad
-1-
NC: 2025:KHC:19512
WP No. 14113 of 2022
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF JUNE, 2025
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
WRIT PETITION NO. 14113 OF 2022 (S-RES)
BETWEEN:
SHRI H S BABU RAO
S/O SHANKAR RAO K
AGED ABOUT 68 YEARS
R/AT NO.73 JCM ROAD
HOSANAGAR -577 418
SHIVAMOGGA DISTRICT.
...PETITIONER
(BY SRI. GANAPATHI SUBBARAYA BHAT., ADVOCATE)
AND:
1. CANARA BANK
REP BY ITS
GENERAL MANAGER
HUMAN RESOURCES WING
HEAD OFFICE 112 JC ROAD
Digitally signed by
HEMALATHA A BENGALURU -560 002.
Location: HIGH
COURTOF 2. GENERAL MANAGER
KARNATAKA H R M SECTION, CANARA BANK
CIRCLE OFFICE MANIPAL
UDUPI TALUK AND DISTRICT-576104
...RESPONDENTS
(BY SRI. T P MUTHANNA., ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT
THE RESPONDENT BANK TO PAY INTEREST ON DELAYED
PAYMENT OF TERMINAL BENEFIT FROM THE DATE OF
-2-
NC: 2025:KHC:19512
WP No. 14113 of 2022
HC-KAR
PETITIONER RETIREMENT AT THE RATE OF 9 PERCENT PER
ANNUM AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
ORAL ORDER
This writ petition is filed under Articles 226 & 227 of the Constitution of India seeking the following reliefs:
"Direct the respondent Bank to pay interest on delayed payment of terminal benefit from the date of petitioner's retirement at the rate of 9% p.a."
2. The petitioner was appointed in the respondent - Bank as a clerk. While he was in service, a departmental enquiry has been initiated in the year 1989 and he has been dismissed from service. Thereafter, he challenged the same before this Court by filing a writ petition in W.P.No.15952/1989. This Court, by order dated 14.11.1995 allowed the writ petition and set aside the penalty imposed on the petitioner. Against that order, the employer - Bank filed an appeal before this Court in W.A.No.4452/1995 and connected matter. A Division -3- NC: 2025:KHC:19512 WP No. 14113 of 2022 HC-KAR Bench of this Court on 30.07.1997 disposed of the appeal with a liberty to the respondent - Bank to refer the Caste Certificate issued by the petitioner to the competent authority. Thereafter, on 11.03.2002, the competent authority submitted the report saying that the caste certificate issued in favour of the petitioner is not valid. On the basis of the report, he has been terminated from service on 20.08.2014. Being aggrieved by the same, he filed a writ petition before this Court in W.P.No.45278/ 2014. In the meantime, he has retired from service on 31.08.2014. Therefore, this Court disposed of the writ petition on 13.06.2019 with the following observations:
"3. Having regard to the fact that the petitioner has already attained superannuation and retired from service, the order dated 28.08.2014 - Annexure A is set aside. Writ petition stands allowed in terms of paragraph No.24 of the judgment dated 23.01.2019 passed in W.P.Nos.56358-364/2014 and connected matters."
3. After disposal of the writ petition, in the year 2020, the retirement benefit has been paid to the -4- NC: 2025:KHC:19512 WP No. 14113 of 2022 HC-KAR petitioner. This Court, allowed W.P.No.45278/2014 on 13.06.2019, following the order passed by a Co-ordinate Bench of this Court in W.P.Nos.56358-364/2014, disposed of on 23.01.2019 in terms of paragraph 24. Paragraph 24 of the order dated 23.01.2019 is extracted below:
"24. Consequently, the show-cause notices issued by the respondent - Bank cannot be interfered with. The respondent authorities are directed to proceed further. In respect of petitioners who have attained the age of superannuation and have since retired, action initiated by the respondents for dismissal from service do not survive for consideration This is in tune with the observations/directions of the Hon'ble Apex Court at paragraph No.58 (individual case No.1) pertaining to Jagadish Balaram Bahira in Chairman and Managing director, FCI (supra). In all other matters, where the petitioners were dismissed from service, the action of the respondent authorities and orders of dismissal are upheld."
4. A bare reading of the above discloses that W.P.Nos.56358-364/2014 was disposed of on 23.01.2019, in terms of paragraph 58 of the judgment of the Apex -5- NC: 2025:KHC:19512 WP No. 14113 of 2022 HC-KAR Court in the case of CHAIRMAN AND MANAGING DIRECTOR FCI AND OTHERS vs. JAGDISH BALARAM BAHIRA AND OTHERS (Civil Appeal No.8928/2015 decided on 06.07.2017). The relevant portion of Paragraph 58 of the judgment of the Apex Court is extracted below:
"............
During the pendency of the litigation, the respondent is retired from service and has even been paid his terminal dues. Hence, at this stage, all that can be observed is that no claim by a member of Mahdeo Koli, Scheduled Caste shall be made or entertained on behalf of the respondent or any member of his family on the strength of the caste certificate which has been invalidated by the Scrutiny Committee. No further benefits of any nature whatsoever would be admissible to the respondent on the basis of his claim which has been invalidated. However, in the peculiar facts, we are not inclined to order recovery has to be made from the respondent."
5. The only grievance of the petitioner is that, he was retired from service on 31.08.2014 and the retirement -6- NC: 2025:KHC:19512 WP No. 14113 of 2022 HC-KAR benefit has been paid in the year 2020, there is a delay in payment of the retirement benefits. Therefore, he is entitled for the interest. In fact, before the petitioner retired from service, he has been dismissed from the service on the ground that the caste certificate produced by him is not valid. He challenged the same before this Court in W.P.No.45278/2019. The said writ petition was disposed of in terms of the order passed by the Apex Court in the case of CHAIRMAN AND MANAGING DIRECTOR FCI (supra). The Apex Court, in the said case, has upheld the cancellation of the caste certificate and in respect of the person who is already retired and who has already been paid the retirement benefits, the Apex Court has inclined to order for recovery. In this case, the retirement benefit was not immediately paid, the matter was pending consideration in W.P.No.45278/2014, it was disposed of on 13.06.2019. Thereafter, the retirement benefit has been paid. In view of the above, the petitioner -7- NC: 2025:KHC:19512 WP No. 14113 of 2022 HC-KAR is not entitled to interest for the delayed period. Therefore, the respondent has rightly denied the interest.
6. Hence, the writ petition is devoid of merit, accordingly, it is dismissed.
Sd/-
(H.T. NARENDRA PRASAD) JUDGE CM List No.: 1 Sl No.: 49