IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE K.SOMASHEKAR WRIT PETITION No.30650 OF 2017 (L-PG) Between:
Sri H Eswar Singh S/o Late Hareesh Singh Aged about 65 years Residing at Bargi Farm Gundlupete Taluk Chamarajanagara District.
(By Sri. Kuttappa B. D, Advocate) And:
1. The Deputy Commissioner Chamarajanagara District - 571313.
2. The Assistant Labour Commissioner Karmika Bhavana Kuvempu Nagara Mysuru-570001.
3. Principal Secretary Veterinary Department Communication Department Vikasa Soudha Bengaluru – 560001.
... Petitioner 4. The Veterinary Officer Veterinary Department Alanthuru Grama Panchayath and Post Gundlupete Chamarajanagara District -571111.
... Respondents (By Sri. T .S Mahantesh, AGA for R-1 to R-4) ****** This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to, direct the respondents to recover the gratuity amount due to him by considering the representation dated 12.05.2017 vide Annexure-L.
This Petition coming on for Preliminary Hearing in “B” Group, this day, the Court made the following:
O R D E R Heard the learned counsel for the petitioner and the learned AGA for Respondents 1 to 4.
2. In this petition, the petitioner interalia seeks for a writ of mandamus directing the respondents to consider his representation dated 12.05.2017 vide Annexure-“L” and pay the gratuity amount due to him.
3. It is stated in the petition that the petitioner joined the services under the fourth respondent as a Group-D employee as on 03.11.1988 and retired from service as on 31.10.2010 completing 23 years of service. However, he was not paid the gratuity amount due to him and hence the petitioner filed an application before the Authority under the Payment of Gratuity Act in PG.A.C.R.No.225/2014. Thereafter, an order was passed on 31.10.2015 directing the fourth respondent to pay an amount of Rs.74,006/- with interest at 10% per annum. The petitioner has produced the copy of the order as Annexure-“A”, application is produced as Annexure-“B” and letter of the Controlling Authority to the first respondent dated 04.03.2016 as Annexure-“C”. On 24.03.2016, the second respondent wrote a letter to the first respondent to recover the money under the Public Money (Recovery Dues) Act, 1972 as at Annexure-“D”. On 24.03.2016, second respondent filed an affidavit as Annexure –“E”. Another letter was written by the second respondent to the first respondent to recover a sum of Rs.82,177/- from the respondent vide Annexure-“F”. The other documents are produced as Annexures “G”, “H”, “J”, “K” and “L” in support of the grounds urged in the petition seeking to allow the writ petition and consider the representation of the petitioner dated 12.05.2017 vide Annexure-“L”.
4. Learned AGA for the respondents fairly submits that the representation dated 12.05.2017 vide Annexure-“L” filed by the petitioner seeking the relief as sought for shall be considered by Respondent No.1 and shall be disposed of, in accordance with law.
5. Keeping in view the submission of the learned counsel for the petitioner and the contents in the aforesaid documents produced annexurewise and so also the submission made by the learned AGA for the State and in the fact situation of the case, I deem it proper to direct the first respondent to consider the representation of the petitioner and dispose the same in accordance with law. Accordingly, I proceed the pass the following order:
Writ petition is hereby allowed and the first respondent is directed to consider the representation of the petitioner dated 12.05.2017 (Annexure-“L”) and pass appropriate orders in accordance with law, within a period of eight weeks from the date of receipt of a certified copy of this order.
Sd/- JUDGE KS