IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JULY 2019 BEFORE THE HON’BLE MR.JUSTICE P. B. BAJANTHRI WRIT PETITION NO.30415/2019 (S- RES) BETWEEN:
SMT. GAYATRI W/O. SRI. JAYARAMU H.T. AGED ABOUT 50 YEARS R/AT # 394/320, 3RD MAIN NEAR SHANIMAHATMA TEMPLE RANGANATHAPURA KAMAKSHIPALYA BENGALURU – 560 079.
(BY SRI. CHANDRASHEKAR P. PATIL, ADVOCATE) AND:
1. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS EDUCATION DEPARTMENT MANDYA DISTRICT MANDYA – 571 426.
2. THE BLOCK EDUCATIONAL OFFICER EDUCATION DEPARTMENT K.R. PET, K.R. PET TALUK MANDYA DISTRICT – 571 426.
3. DISTRICT TREASURY OFFICER MANDYA DISTRICT MANDYA – 571 426.
4. DEPUTY TREASURY OFFICER K.R. PET, K.R. PET TALUK MANDYA DISTRICT – 571 426.
…PETITIONER 5. THE HEAD MASTER GOVERNMENT HIGHER PRIMARY SCHOOL MADUVINAKODI VILLAGE BUKANAKERE HOBLI K.R. PET TALUK MANDYA DISTRICT – 571 426.
6. SRI. JAYARAMU S/O TIMMAIAH (TAILOR) AGE: 60 YEARS WORKING AS HEAD MASTER AT GOVERNMENT HIGHER PRIMARY SCHOOL MADUVINAKODI VILLAGE BUKANAKERE HOBLI K.R. PET TALUK MANDYA DISTRICT – 571 426.
ALSO AT SRI. JAYARAMU S/O. TIMMAIAH (TAILOR) AGE: 60 YEARS HOSAHOLALU VILLAGE BESTARA BEEDI KASABA HOBLI K.R. PET TALUK MANDYA DISTRICT – 571 426.
(BY SMT. M.S. PRATHIMA, AGA) ... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 TO 4 NOT TO DISBURSE THE RETIREMENT BENEFITS OF S PF, GPF, EGIS, GRATUITY, DCRG ETC., BY CONSIDERING THE REPRESENTATIONS DATED 24.04.2019, 15.07.2019, 15.07.2019 PRODUCED AT ANNEXURE-C TO E RESPECTIVELY AND ETC.
THIS WRIT PETITION IS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard the learned counsel for the petitioner.
2. The petitioner’s grievance is touching the Government servant services condition regarding respondent No.6. Therefore, the petitioner has a remedy before the State Administrative Tribunal.
3. In view of the decision of Hon’ble Supreme Court in the case of L.Chandra Kumar Vs. Union of India reported in (1997) 3 SCC 261 read with Division Bench decision of this Court in the case of Shiva Prasad Biradar Vs. Karnataka Lokayuktha and others in Writ Appeal No.200715/2018 disposed off on 11.03.2019, petition stands disposed of as not maintainable reserving liberty to the petitioner to approach the appropriate Tribunal.
Sd/- JUDGE SJK