IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2017 BEFORE THE HON' BLE MR. JUSTICE B. VEERAPPA WRIT PETITION NO.45192/2014(S-R) BETWEEN:
SRI H. D. GANGANNA, AGED 59 YEARS, S/O LATE DEVAIAH, R/NO. 92, 4TH CROSS, BASAVESHWARA BADAVANE, B. E. M. L. 3RD STAGE, RAJARAJESHWARI NAGARA, BANGALORE-560098. ... PETITIONER (BY SRI M. K. KEMPEGOWDA, ADVOCATE) AND:
B. E. M. L. LTD., B. E. M. L. SOUDHA, NO 23/1, 4TH MAIN ROAD, SAMPANGIRAMA NAGARA, BANGALORE-560027, REP. BY THE ASSISTANT GENERAL MANAGER H. R., ... RESPONDENT (BY SRI KARTHIKEYAN B. S. IYER, ADVOCATE FOR SHREE MUKHI ASSOCIATES, ADVOCATE) … THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT TO CONSIDER THE REPRESENTATION DATED 18.7.2014 VIDE ANNEXURE-E AND THEREBY DIRECT TO RELEASE RETIREMENT BENEFITS AND OTHER BENEFITS SUCH AS PROVIDENT FUND, GRATUITY, ARREARS OF SALARY, LEAVE ENCASHMENT, G.S.L.I., APPRECIATION PURSE FROM DRF AND OTHER BENEFITS AS NORMALLY BEING PAID TO THE RETIRED EMPLOYEES AT AN EARLY DATE.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER This writ petition is filed for a writ of mandamus directing the respondent-Assistant General Manager (HR), B.E.M.L. Ltd., B.E.M.L. Soudha, Bengaluru to consider the representation of the petitioner dated 18.7.2014 vide Annexure-E and thereby direct to release retirement benefits and other benefits such as Provident Fund, Gratuity, Arrears of Salary, Leave Encashment, G.S..L.I., Appreciation Purse from DRF and other benefits as normally being paid to the retired employees at an early date and also to direct the respondent to comply with the terms of the legal notice dated 12.8.2014 as well as to settle all the retirement benefits to which he is legally entitled to.
2. It is the case of the petitioner that he has joined the service in the respondent-Company on 24.3.1984 and tendered his resignation to the post of Deputy Supervisor (Administration) to the respondent on 6.1.2014. The respondent accepted the resignation of the petitioner on 10.3.2014 and instructed him to submit the duly filled ‘Severance Clearance’ Form. on 17.3.2014, the petitioner submitted his ‘Severance Clearance Form’ as instructed by the respondent. Since the respondent did not take any steps to release the retirement benefits, the petitioner was forced to make a representation on 18.7.2014 requesting the respondent to release the legitimate service benefits, but the same was not considered. Therefore, the petitioner was constrained to issue legal notice on 12.8.2014 calling upon the respondent to settle the retirement benefits. Though the petitioner has worked nearly for 30 years, due to his personal inconvenience, he tendered his resignation on 6.1.2014 and the same was accepted by the respondent on 10.3.2014. Inspite of giving the representation and issuing legal notice to the respondent, the retirement benefits are not released to him by the respondent and therefore, he is before this Court for the relief sought for.
3. The learned Counsel for the respondent has filed the objections denying the averments made in the writ petition and contended that acceptance of resignation of the petitioner is subject to production of ‘Severance Clearance Form’, from the concerned Department and other authorities which is a mandatory requirement to settle the terminal benefits as per the rules of the respondent-Company and the petitioner has failed to submit in the prescribed format as per the Company’s norms. Therefore, he sought for dismissal of the writ petition.
4. This Court after hearing both parties, by the order dated 1.8.2017 directed the respondent to call for the Severance Clearance Form from the different Departments and to collect the same and the said exercise shall be carried out by the respondent on or before 28th August, 2017 which reads as under:
“The stand being taken by the respondent for release of the retirement benefits to the petitioner is that the petitioner is required to submit the Severance Clearance Form from different departments. However, as he has failed to submit the same from certain departments, his application for grant of terminal benefits cannot be processed.
On the other hand, the learned counsel for the petitioner submits that all the departments, from where the petitioner is required to have the Severance Clearance Form, are under the jurisdiction and control of the respondent-Company. Despite the fact that the petitioner has been knocking at the doors of the different departments, hoping that the Severance Clearance Form would be signed by them, he has failed to convince the departments to issue the Severance Clearance Form in his favour. Therefore, the petitioner has been running from pillar to post, hoping that the retirement benefits would be released to him.
The grant of retirement benefit is not a charity that is being performed by the respondent. In fact, the retirement benefits are part of civil, and fundamental rights of the petitioner. Therefore, instead of placing the burden upon the petitioner to seek the clearance form, considering the fact that different departments are within the control of the respondent, the respondent is directed to call for the Severance Clearance Form from the different departments, and to collect the same. In
department is expected to give reasons for not giving the said Form in favour of the petitioner. In case the respondent does receive any such reason from any particular department, the respondent is directed to bring such reasons to the notice of the petitioner, and to grant him reasonable time to meet the objection raised by the department. The said exercise shall be carried out by the respondent on or before 28th August 2017.
5. Sri Karthikeyan B.S. Iyer, learned Counsel for the respondent on instructions fairly submits that now the respondent has received Severance Clearance Form from the concerned Departments and that necessary steps will be taken to settle and release the terminal benefits within a period of two months after furnishing his Pan Card, Aadhaar Card, Cancelled Cheque and two forms which are to be signed in the Office of the respondent to enable the respondent to release the retirement benefits. The said submission is placed on record.
6. Sri M.K. Kempegowda, learned Counsel for the petitioner submits that within a period of 15 days from the date of receipt of a copy of this order, the petitioner would furnish the identity proof as required by the respondent and will sign concerned forms before the respondent. The said submission is placed on record.
7. The material on record depicts that it is not in dispute that the petitioner joined the services of the respondent on 24.3.1984 and has worked for nearly 30 years as Watchman and Ward Security and resigned to the post of Deputy Supervisor (Administration) on 6.1.2014 which was accepted by the respondent on 10.3.2014 and the petitioner had complied with all the directions issued by the respondent by submitting clearance from all the Departments by producing Severance Clearance Form vide Annexure-C. Inspite of the same, the respondent has not released the retirement benefits. As stated supra, this Court by the order dated 1.8.2017 while passing a detailed order directed the respondents to call for Severance Clearance Form from different Departments and club the same. As rightly submitted by the respondent, now the Severance Clearance Form is received from various Departments as required and they will release the retirement benefits.
8. In view of the aforesaid reasons, the writ petition is allowed. A writ of mandamus is issued to the respondent to consider the representation of the petitioner dated 18.7.2014 and legal notice dated 12.8.2014 and release the retirement benefits and other benefits to which he is legally entitled to within a period two months from the date on which the petitioner produces the identity proof and signs the Forms within a period of 15 days from the date of receipt of a copy of this order.
Ordered accordingly.
Sd/- Judge Nsu/-