IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF FEBRUARY, 2017 B E F O R E THE HON’BLE MR. JUSTICE A.N. VENUGOPALA GOWDA WRIT PETITION NO.41373/2012 (S-RES) BETWEEN:
SMT. R. SUGUNA AGED 44 YEARS W/O Mr. VIJAYKUMAR WORKING AS SECOND DIVISION ASSISTANT BHARATH SCOUTS & GUIDES STATE HEAD QUARTERS, PROFESSOR SHANKARA SHANKAR CIRCLE KONDUJJI BASAPPA ROAD BANGALORE – 560 047.
(BY SRI VIJAY V. BAJENTRI, FOR SRI B.B. BAJENTRI, ADV.) AND:
1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF YOUTHS SERVICE, M.S. BUILDING, SACHIVALAYA, BANGALORE – 560 001.
2. BHARATH SCOUTS AND GUIDES KARNATAKA STATE HEAD QUARTERS, REP. BY ITS STATE SECRETARY PROF. P. SHIVASHANKAR CIRCLE KONDAJJI BASAPPA ROAD, FORT ... PETITIONER BANGALORE – 560 002.
3. EXECUTIVE COMMITTEE BHARATH SCOUTS & GUIDES KARNATAKA STATE HEAD QUARTERS PROF. P. SHIVASHANKAR CIRCLE KONDAJJI BASAPPA ROAD, FORT BANGALORE – 560 002.
(BY SRI M.A. SUBRAMANI, HCGP FOR R1 ... RESPONDENTS SRI K. CHANDRANATH ARIGA, ADV. FOR R2 & R3) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT NOS.2 & 3 TO RELEASE THE WITHHELD SERVICE BENEFITS WITHIN THE TIME FRAME SPECIFIED BY THIS HON'BLE COURT IN TERMS OF THE REPRESENTATION / NOTICE ISSUED THROUGH HER COUNSEL DATED 08.07.2012 VIDE ANNEXURE-D.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Asking for a mandamus as against respondent Nos.2 and 3 for release of the withheld service benefits, this petition was filed on 09.10.2012.
2. Recording the submission of learned advocate for respondent Nos.2 and 3 that he has instructed his clients to implement the order passed on 05.08.2011, the case was adjourned on 17.07.2015.
3. Sri. K. Chandranath Ariga, learned advocate for respondent Nos.2 and 3 submitted that in terms of the order passed in W.P.No.17169/2006 on 05.08.2011 vide Annexure-A, the amount payable to the petitioner having been quantified, the payment was made by way of two cheques i.e., `27,660/- and `1,66,457/-. Said submission was recorded on 29.07.2015. At the request of the learned advocate for the petitioner to verify the payment made the case was adjourned by two weeks.
4. As respondent Nos.2 and 3 have made the payment in terms of the proceedings of this case dated 29.07.2015, I do not find justification to issue any direction to respondent Nos.2 and 3, as was sought in this petition.
Petition stands disposed of. If there is any short payment, it is open to the petitioner to submit a representation by furnishing detailed memo of calculations. If such representation is received, it is expected that respondent Nos.2 and 3 would examine the same and make known to the petitioner the out come, within a reasonable period.
Ordered accordingly.
Sd/- JUDGE ca