IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.51636 OF 2019 (S-RES) BETWEEN DR.PRASAD K.S AGED ABOUT 61 YEARS, S/O SRI. SIDDE GOWDA (LATE), RETD. ASSOCIATE PROFESSOR & IN-CHARGE PRINCIPAL, VISVESWARAPURA COLLEGE OF SCIENCE AND RESIDING AT “PRASHASTHA”, Y.H. KOPPALU ROAD, KYATHANAHALLY, PANDAVAPURA TALUK, DISTRICT MANDYA - 571427. … PETITIONER (BY SRI. NAIK V.S, ADVOCATE) AND 1. GOVERNMENT OF KARNATAKA, DEPARTMENT OF HIGHER EDUCATION, VIDHANA SOUDHA, BENGALURU - 560001, REPRESENTED BY ITS PRINCIPAL SECRETARY.
2. THE COMMISSIONER, DEPARTMENT OF COLLEGIATE EDUCATION, GOVERNMENT OF KARNATAKA, D.T.E. BUILDING, 2ND FLOOR, OPP MAHARANIS COLLEGE, PALACE ROAD, BANGALORE - 560001.
3. JOINT DIRECTOR OF COLLEGIATE EDUCATION REGIONAL OFFICE, KALIDASA ROAD, GANDHINAGAR, BENGALURU – 560009.
4. ADMINISTRATOR, RAJYA VOKKALIGARA SANGHA, K.R. ROAD, V.V. PURAM, BENGALURU – 560004.
5. THE CHIEF EXECUTIVE OFFICER, RAJYA VOKKALIGARA SANGHA, K.R. ROAD, V.V. PURAM, BENGALURU – 560004.
6. THE PRINCIPAL, VISVESWARAPURA COLLEGE OF SCIENCE, K.R. ROAD, V.V. PURAM, BENGALURU - 560004. … RESPONDENTS (BY SRI. C.N. MAHADESHWARAN, AGA FOR R1 TO R3; BY SRI. SOMASHEKAR, ADVOCATE FOR R4 TO R6) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR ENTIRE RECORDS FROM THE R-1 AND 2 AND DIRECT THE R-1 TO 3 TO IMMEDIATELY RELEASE ALL THE PENSIONARY BENEFITS INCLUDING DCRG, COMMUTATION, LEAVE ENCASHMENT AND OTHER BENEFITS TO THE PETITIONER ALONG WITH INTEREST AT 12 PERCENT WITH EFFECT FROM 01.09.2018 TILL THE DATE OF ACTUAL PAYMENT AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The short grievance of the petitioner, a retired employee of 4th respondent-Rajya Vokkaligara Sangha is against the non-consideration of his claim for sanction and release of terminal benefits of retirement; he grieves that his representation has not been answered and that there is no justification whatsoever for maintaining this stony silence.
2. Learned AGA and the Panel Counsel for the respondents together submit that if a time frame is prescribed, by this court, there would be no difficulty for considering petitioner’s aforesaid representation in accordance with law, provided that he also cooperates by furnishing necessary information and documents required for such consideration; this stand of the learned AGA and the learned Panel Counsel is fair and reasonable.
In the above circumstances, this Writ Petition is disposed off directing the official respondent Nos.1 to 3 to consider petitioner’s representation dated 22.2.2019 at Annexure – K within a period of eight weeks, in accordance with law; the result of such consideration shall be intimated to the petitioner immediately after such consideration.
It is open to the official respondents to solicit any information or documents from the side of the petitioner or the 4th respondent as are needed for the effective consideration of the said representation; however, in the guise of such solicitation, delay shall not be brooked.
All contentions of the parties are kept open. Now, no costs.
cbc Sd/- JUDGE