Disposed

Sri B Vijayakumar v. the General Secretary

Karnataka HC11 Nov 2020WP/16467/2016

Case brief

AI extract

What is this about?

The petitioner sought payment of retirement benefits including gratuity and pension under a prior order. The court directed the petitioner to approach the competent authority to expedite the pending enquiry regarding benefits.

What did the court decide?

Petitioner directed to approach the competent authority to expedite the enquiry into the retirement benefits grievance; authority directed to take note and decide at earliest.

Sri B Vijayakumar Vs the General Secretary — Pension and Retirement Benefits | Karnataka HC (2020)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 11^TH DAY OF NOVEMBER, 2020

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BEFORE

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THE HON’BLE MR. JUSTICE P.B. BAJANTHRI

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WRIT PETITION NO.16467 OF 2016 (S-RES)

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BETWEEN:

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SRI B VIJAYAKUMAR S/O LATE T.K. BHOGA NARASIMHAIAH AGEDF ABOUT 61 YEARS R/AT # 245, 5^TH MAIN, 1^ST STAGE, 1^ST PHASE, MANJUNATHA NAGAR BENGALURU – 560 010.

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…PETITIONER

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(BY SHRI PADMANABHA R., ADVOCATE)

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And:

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1 . THE GENERAL SECRETARY STATE VOKKALIGARA SANGHA NO. 148, "NADAPRABHU KEMPEGOWDA BHAVANA" K.R. ROAD, VISHVESHWARAPURAM BENGALURU – 560004.

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2 . THE PRINCIPAL V.V. PURAM ARTS & COMMERCE FIRST GRADE COLLEGE K.R. ROAD BENGALURU – 560004.

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3 . THE STATE OF KARNATAKA REPRESENTED BY ITS

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PRINCIPAL SECRETARY DEPARTMENT OF HIGHER EDUCATION M.S. BUILDING, BENGALURU – 560001.

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4 . THE COMMISSIONER FOR COLLEGIATE EDUCATION PALACE ROAD, BENGALURU – 560 001.

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5 . THE REGIONAL JOINT DIRECTOR FOR COLLEGIATE EDUCATION PALACE ROAD, BENGALURU – 560 001.

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6 . THE ACCOUNTANT GENERAL (A&E) PARK HOUSE ROAD, BENGALURU – 560 001.

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…RESPONDENTS

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(BY SHRI T P SRINIVASA, AGA FOR R-4 & R-5; R-3 & R-6 ARE SERVED BUT UNREPRESENTED SHRI C N KESHAVA MURTHY, ADVOCATE FOR R-1 & R-2)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO TAKE SUITBLE ACITON TO RELEASE AND PAY THE RETIREMENT BENEFITS PAYABLE TO THE PETITIONER SUCH AS GRATUITY, PENSIONARY BENEFITS AND MONTHLY PENSION PAYABLE TO THE PETITIONER, AS PER THE ORDER PASSED IN APPEAL NO.14/2015 DATED 11.12.2015 VIDE ANNEXURE-G PASSED BY THE RESPONDENT NO.3 AND COMMUNICATION LETTER DATED 18.02.2016 VIDE ANNEXURE-K ISSUED BY RESPONDENT NO.5 FORTHWITH.

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THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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In this petition, the petitioner has sought for following reliefs:

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Issue a writ in the nature of mandamus directing the respondents to take suitable action to release and pay the retirement benefits to the petitioner such as Gratuity pensionary benefits and monthly pension payable to the petitioner, as per the order passed in Appeal No.14/2015 dated 11.12.2015 vide Annexure-G passed by the 3^rd respondent and communication letter dated 18.02.2016 vide No. kashi E/Draka Bem/ An2/Amanthu/57/2015-16 Annexure-K, issued by the 5^th respondent, forthwith.

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During the pendency of the present petition certain developments has taken place in the matter like initiation of enquiry which is a subject matter before the competent authority in the State Government. The petitioner is hereby directed to approach the competent authority to expedite the matter. If such an application is filed before the competent authority, the competent authority is hereby directed to take note of and decide the petitioner’s grievance in the matter at the earliest, in view of the fact that the petitioner has been denied retirement benefits.

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Sd/- JUDGE

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Sri B Vijayakumar v. the General Secretary

Case brief

What is this about?

What did the court decide?

Sri B Vijayakumar v. the General Secretary

Case brief

What is this about?

What did the court decide?

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