Karnataka High Court
Sri K Shivananje Gowda vs Vokkalingara Sangha (Regd) on 2 January, 2024
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NC: 2024:KHC:131
WP No. 37574 of 2012
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO. 37574 OF 2012 (S-R)
BETWEEN:
1. SRI K SHIVANANJE GOWDA
AGED 62 YEARS,
S/O LATE NANJAIAH
ACCOUNTS SUPERINTENDENT (RETD)
KIMS HOSPITAL, BANGALORE-560004
R/O NO.2 (46), 1ST CROSS, KALIDASA LAYOUT,
SRINAGAR, BANGALORE-560050
2. SRI. N.M. PUTTASWAMY
AGED 61 YEARS,
S/O LATE MANCHEGOWDA
CHIEF LAB.TECHNICIAN (RETD),
DEPARTMENT OF FORENSIC MEDICINE,
Digitally KIMS HOSPITAL, BANGALORE-560004
signed by R/O NO.135, "SRI VINAYAKA"
ALBHAGYA
1ST MAIN, K.G.S LAYOUT, VIJAYANAGAR,
Location:
HIGH BANGALORE-560040
COURT OF
KARNATAKA 3. SRI B.K. SUBBAREDDY
AGED 61 YEARS,
S/O LATE BYAPPA
MANAGER (RETD)
KEMPEGOWDA INSTITUTE OF NURSING,
K.R. ROAD, V.V. PURAM
BANGALORE-560004
R/O NO.33, OMBR LAYOUT
CHICKABANASWADI MAIN ROAD,
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WP No. 37574 of 2012
BANGALORE-560043
...PETITIONERS
(BY SRI. K C SHANTAKUMAR, ADVOCATE)
AND:
1. VOKKALINGARA SANGHA (REGD)
K.R. ROAD, V.V. PURAM
BANGALORE-560004
REPRESENTED BY ITS PRINCIPAL SECRETARY
2. THE ADMINISTRATIVE MEDICAL OFFICER
KIMS HOSPITAL,
BANGALORE-560004
...RESPONDENTS
(BY SRI. SOMASHEKAR, ADVOCATE FOR R1 & 2)
THIS WP IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECT THE R1 TO
EXTENT TO THEM LEAVE ENCASHMENT BENEFIT TOWARDS
THEIR UNAVAILED EARNED LEAVE OF 240 DAYS EACH
WITHOUT BROOKING ANY FURTHER DELAY IN THE MATTER
AND ETC.,
THIS PETITION, COMING ON FOR HEARING, THIS DAY,
THE COURT MADE THE FOLLOWING:
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WP No. 37574 of 2012
ORDER
The captioned petition is filed by the retired employees of respondent No.1-Vokkaligara Sangha feeling aggrieved by the inaction on the part of respondent No.1 in not extending leave encashment benefit towards unavailed Earned Leave of 240 days.
2. The short point that needs consideration at the hands of this Court is as to whether the petitioners who have attained the age of superannuation post respondent No.1-Sangha adopting its own Rules which is called as Vokkaligara Sangha Service Rules which came into effect from 10.11.2001 are entitled to seek leave encashment on account of retirement.
3. Learned counsel appearing for the petitioners reiterating the grounds urged in the petition would vehemently argue and contend that respondent No.1- Sangha adopted its own Service Rules with effect from 10.11.2001 and therefore, the petitioners who were appointed prior to Sangha having its own Service Rules -4- NC: 2024:KHC:131 WP No. 37574 of 2012 are entitled to seek leave encashment for a maximum period of 240 days in terms of Rule 118 of Karnataka Civil Service Rules.
4. While respondent No.1-Sangha countering the claim made in the legal notice has issued a reply notice indicating that in view of respondent No.1-Sangha formulating its own Service Rules, no provision is made for encashment of Earned Leave and therefore, by way of reply to the legal notice issued by the petitioners, respondent No.1-Sangha has declined to extend the benefit of leave encashment to the petitioners.
5. Heard learned counsel appearing for the petitioners and learned counsel appearing for the respondents. Perused the Rules framed by the respondent No.1-Sangha.
6. The petitioners contention that since they were appointed prior to respondent No.1-Sangha having adopted its own Service Rules and therefore, they are -5- NC: 2024:KHC:131 WP No. 37574 of 2012 entitled to seek benefit of leave encashment in terms of Karnataka Civil Service Rules cannot be acceded to. Merely because petitioners were appointed before Sangha adopted its own Service Rules, that in itself will not constitute right to the petitioners to seek leave encashment by falling back on Karnataka Civil Service Rules which were prevailing and applicable to the respondent No.1-Sangha till it adopted its own Rules in 2001. It is also not in dispute that petitioners have retired from service post respondent No.1 adopting its own Service Rules. If the Service Rules of respondent No.1- Sangha does not contemplate leave encashment, the petitioners having admittedly retired post Sangha adopting Service Rules, have no legal right to seek leave encashment. Correspondingly, respondent No.1-Sangha is not under obligation to extend leave encashment which is not permissible in terms of the Vokkaligara Sangh Service Rules. Therefore, this Court is not inclined to grant any relief to the petitioners.
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7. No mandamus can be issued in the light of the observations made by this Court supra. Writ petition is dismissed.
Sd/-
JUDGE CA List No.: 1 Sl No.: 43