IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR.JUSTICE P.B.BAJANTHRI WRIT PETITION Nos.3400 - 3431/2019 (S – RES) BETWEEN:
1. B S GURUSWAMY S/O SHIVABASAPPA, R/AT NO.210/19 7TH MAIN ROAD, 1ST BLOCK EAST, JAYANAGAR, BENGALURU-560011 2. MT. ADIGUNDI S/O TIMMU ADIGUNDI, R/AT NO.24/5, ADIGUNDI, KUMTA KONALLI, UTTARA KANNADA-581323 3. SRIDHAR E NAYAK S/O ESWAR NAYAK,.
R/AT 1G 15, NEW KHB COLONY, HABBAWADA, UTTARA KANNADA-581301 4. S.M.GOWRAMMA D/O K. MUNIREDDY, R/AT NO.6/5, 7TH MAIN ROAD, SHAKAMBARI NAGAR, J.P.NAGAR,1ST PHASE, BENGALURU-560079 5. C.V.NAGATHAN S/O CHENNAMALLAPPA, VEERABHADRAPPA NAGATHAN, R/AT C/O NO.28, 97, 2ND STAGE, 14TH MAIN, RAJAJINAGAR, BENGALURU-560010 6. L HANUMANTHAIAH S/O LATE K LINGAIAH, R/AT NO.4, 6TH CROSS, KAVYASHREE NIVASA, DEVEGOWDA BLOCK, ADUGODI, BENGALURU-560030 7. G BHARATHI W/O H.S.RAMESH BABU, R/AT NO.109, ADHILAKSHMI NILAYA, BHEEMESHWARA NAGARA, MADANAYAKANAHALLI, TUMAKURU ROAD, BENGALURU-562123 8. K NAGARAJA S/O LATE VENKOBACHAR, R/AT NO.527, 16TH MAIN, SRINIVASA NAGAR, 2ND PHASE, BANASHANKARI, 3RD STAGE, BENGALURU-560050 9. MOHAMMED KAZAM S/O MOHAMMAD AZAM R/AT NO.111, 3RD E CROSS, CHOKKASANDRA,NETHAJI NAGAR, BENGALURU-560057 10. V HANUMANTHACHAR S/O LATE V.V. NARAYANACHAR, R/AT NO.1360, 4TH CROSS, CHANDRALAYOUT, VIJAYANAGAR, BENGALURU-560040 11. H THIPPESWAMY S/O HANUMANTHAPPA, R/AT NO.1948/59, 3RD MAIN, 8TH CROSS, VINOBHANAGAR, DAVANGERE 12. M.N.VENUGOPAL S/O LATE M.B.NANJUNDAPPA R/AT NO.94/1, 1ST C CROSS, HOYASALA NAGAR, SUNKADAKATTE, BENGALURU-560091 13. BASAVEGOWDA S/O BYREGOWDA, R/AT NO.150, 2ND CROSS, RAJAGOPAL NAGAR MAIN ROAD, PEENYA 2ND STAGE, BENGALURU-560058 14. JAYADEVAMMA D/O MAHADEVAIAH, R/AT NO.79/1, AJJAPPA BLOCK, DINNUR MAIN ROAD, BENGALURU-560032 15. BYRALINGAIAH S/O SANJEEVAIAH, R/AT NO.174, 5TH MAIN ROAD, SALLAPURADAMMA LAYOUT, SUNKADAKATTE, BENGALURU-560091 16. C VENKATESH S/O CHINNASWAMY NAIDU, R/AT NO.744, 7TH CROSS, HEGGANAHALLI CROSS, SUNKADAKATTE, BENGALURU-560091 17. K.M.SHIVANANJAMMA W/O MARIMALLAIAH, R/AT NO.63, IEHCS LAYOUT, 7TH MAIN, VIDYARANYAPURA, BENGALURU-97 18. KARIYANNA S/O THYARAMALLAPPA, R/AT NO.9, SAMRUDHI NILAYA, 3RD CROSS, ANNAPOORNESHWARI LAYOUT, PEENYA 2ND STAGE, BENGALURU-560058 19. K.V.CHANDRASHEKAR S/O LATE VENKATAPPA K M R/AT KALLURU, GUBBI TALUK, TUMAKURU DISTRICT-572220 20. P GANGANNA S/O LATE PUTTAMALLAIAH, R/AT NO.10/2, 9TH F MAIN ROAD, PIPELINE, VIJAYANAGAR, BENGALURU-40 21. R VENKATAPPA S/O T RAMAIAH, R/ATNO.131/1, SAARIGE BEEDHI, SARJAPURA, ANEKAL TALUK BENGALURU SOUTH BENGALURU-561125 22. K.M. PRABHAKAR S/O K.M.THIPPESWAMY, R/AT C/ONO.20, 3RD CROSS, 1ST MAIN ROAD, SIDDANAVASALLI, MADAVARA BENGALURU-560040 23. G SIDDALINGAPPA S/O LATE GANGAPPA, R/AT KUDUREGERE, ALUR POST, DASANAPURA HOBLI, BENGALURU NORTH 24. K BASAVARAJU S/O LATE KARIYAPPA, R/AT NO.10, 3RD MAIN, RAMAIAH EXTENSION, PEENYA 2ND STAGE, BENGALURU-560058 25. V KRISHNAPPA S/O LATE VENKATASWAMAPPA, R/AT NO.141, 3RD CROSS, SAMPIGE ROAD, RAJAGOPAL NAGAR, PEENYA 2ND STAGE, BENGALURU-560058 26. ERANNA S/O LATE HUCHAIAH, R/AT NO.27, 3RD CROSS, RAJAGOPAL NAGAR MAIN ROAD, PEENYA 2ND STAGE, BENGALURU-560058 27. PUTTANNA S/O LATE MANJAIAH, R/AT NO.59, VIGNESHWARA NAGAR, 4TH CROSS, VISHWANEEDAM POST, BENGALURU-560091 28. S KAMANNA S/O SANNA KAMAPPA, R/AT MOOGANAHALLI, GULIGENAHALLI POST, SEERA TALUK TUMAKURU DISTRICT 29. H SONNAPPA S/O LAKSHMIPATHI SETTY, R/AT NEAR BBMP OFFICE, HEROHALLI, VISHWANEEDAM POST, BENGALURU-560091 30. M SIDDAIAH S/O MANTYAIAH, R/AT NATKAL VILLAGE, MALAVALLI TALUK MANDYA DISTRICT 31. N CHELLAMANI S/O P NATARAJAN, R/AT NO.2662, 37 B CROSS, 28TH MAIN, 9TH BLOCK, JAYANAGAR, BENGALURU-69 32. N SUKUMAR S/O LATE G.N. NANJUNDAIAH, R/AT MIGB-2, NO.443 3RD CROSS, KAVERI ROAD, KHB COLONY, SHIRKI APARTMENT, BENGALURU-560060 (BY SRI. SUNDARESH H.C., ADVOCATE) AND 1. THE STATE OF KARNATAKA BY ITS PRINCIPLE SECRETARY, .. PETITIONERS DEPARTMENT OF COMMERCE AND INDUSTRIES, VIKASA SOUDHA, BANGALORE-560001 2. MANAGING DIRECTOR KARNATAKA HANDLOOM DEVELOPMENT CORPORATION LTD., REGIONAL OFFICE, HALASURU, BANGALORE-560042 .. RESPONDENTS (BY SMT.M.S.PRATHIMA, AGA. FOR R-1 B.S.MURALI, ADV. FOR R-2) THESE WPS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT TO CONSIDER THE REPRESENTATIONS FILED BY THE PETITIONER AS PER ANNEXURE-C, C1 TO C31 RESPECTIVELY, FOR PAYMENT OF INTEREST FOR DELAY IN SETTLING THE RETIREMENT BENEFITS SUCH AS GRATUITY, AND ALSO SETTLEMENT OF OTHER TERMINAL BENEFITS SUCH AS EARNED LEAVE SALARY AND DEATH RELIEF FUND ALONG WITH INTEREST AS PER THE GOVERNMENT ORDER DATED 21.08.2003 AS PER ANNEXURE-B AND ALSO AS PER THE ORDER PASSED BY THE KARNATAKA HIGH COURT, DHARWAD BENCH IN W.P.NO.109976/2017 AND 100597624/2018 DATED 21.03.2018 AS PER ANNEXURE-D AND ETC.
THESE WPS COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER In these writ petitions, the petitioners have sought for the following reliefs:
“a) Issue writ in the nature of mandums directing the respondent to consider the representations filed by the petitioner as per Annexures-C, C1 to C31 respectively for payment of interest for delay I settling the retirement benefits such as gratuity, and also settlement of other terminal benefits such as earned leave salary and death relief fund along with interest as per the government order dated 21.8.2003 as per Annexure-B and also as per the order passed by the Karnataka High Court, Dharwad Bench in W.P.No.109976/2017 and 100597-624/2018 dated 21.3.2018 as per Annexure-D.
b) Pass such other order or direction as this Hon’ble Court deems fit on the fact and circumstances of the case in the interest of justice and equity.
In these writ petitions, the petitioners have sought for a writ of mandamus to consider their representations relating to payment of interest on belated settlement of terminal benefits such as gratuity, earned leave salary and death relief fund alongwith interest in terms of Government Order dated 21.8.2003 and decision of this Court passed in WP No.109976/2017 and WP Nos.100597 – 624/2018.
2. Petitioners have attained superannuation and retired on different dates, which are between the year 2015 to 2018 stated in Annexure-A. They are stated to have been extended the benefit of gratuity belatedly. That apart, petitioners are not extended the benefits of gratuity, earned leave salary and death relief fund alongwith interest. In this regard, representations have been submitted vide Annexures-C, C1 and C31. Respondents have not taken any action for the same. The inaction on the part of respondents has resulted in approaching this Court by the retired petitioners. Respondents are hereby directed to settle the grievance of the petitioners relating to extending the benefits of gratuity, earned leave salary and death relief fund alongwith interest at 8% p.a. on gratuity amount, earned leave salary and death relief fund. Petitioners are not entitled to interest upto 3 months from the date of retirement and 3 months prior to filing of writ petition, since there is a delay in demand of grievance.
The above exercise shall be completed within three months from the date of receipt of this Court and communicate the order to each of the petitioners.
In view of the above, writ petitions stand disposed of.
Sd/-
JUDGE Bkm