Allowed

M L Pradyumna v. the State of Karnataka

Karnataka HC11 Mar 2024WP/12932/2023

Case brief

AI extract

What is this about?

The High Court of Karnataka allowed a writ petition seeking quashing of an administrative endorsement precluding pension settlement. Directing the department to consider clarified service records, the Court ordered processing of pension, gratuity, and leave encashment claims within eight weeks.

What did the court decide?

The impugned endorsement dated 22.05.2023 was quashed. Respondent No.3 is directed to process pension, gratuity, and leave encashment claims within eight weeks.

M L Pradyumna Vs the State of Karnataka — Pension and Retirement Benefits | Karnataka HC (2024)

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NC: 2024:KHC:9784 WP No. 12932 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11^TH DAY OF MARCH, 2024

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BEFORE

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THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM

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WRIT PETITION NO.12932 OF 2023 (S-RES)

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BETWEEN:

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M.L.PRADYUMNA S/O LAKSHMINARAYANA RAO M.N AGED ABOUT 61 YEARS RESIDING AT FLAT NO.5 BLOCK NO.5B NANDI GARDEN APARTMENTS SECTOR-1, AALAHALLI ANJANAPURA MAIN ROAD J.P NAGAR, 9^TH PHASE BENGALURU-560 108

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…PETITIONER

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(BY SRI.RAJASHEKHAR K, ADVOCATE)

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Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA

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AND:

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THE STATE OF KARNATAKA REPRESENTED BY PRINCIPAL SECRETARY DEPARTMENT OF HIGHER EDUCATION M.S.BUILDING BENGALURU-560 001

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THE COMMISSIONER DEPARTMENT OF COLLEGIATE EDUCATION AND TECHNICAL EDUCATION PALACE ROAD BENGALURU-560 001

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NC: 2024:KHC:9784 WP No. 12932 of 2023

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THE DIRECTOR OF TECHNICAL EDUCATION PALACE ROAD BENGALURU-560 001

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THE PRINCIPAL M.E.I. POLYTECHNIC RAJAJINAGAR, 4^TH BLOCK BENGALURU-560 010

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THE CHAIRMAN GOVERNING COUNCIL M.E.I. POLYTECHNIC RAJAJINAGAR, IV BLOCK BENGALURU-560 010

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…RESPONDENTS

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(BY SMT.B.SUKANYA BALIGA, AGA FOR R.1 TO R.3; SRI.PAVAN SRINIVAS, ADVOCATE FOR R.4 AND R.5)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT DTD 22.05.2023 BEARING NO. DTE 169 TBS (VAYO) 2022 542 VIDE ANNX-O ISSUED BY THE R-2 AND ETC.

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THIS WRIT PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The captioned writ petition is filed seeking writ of certiorari to quash endorsement dated 22.05.2023 issued by respondent No.3 as per Annexure-O and consequently,

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NC: 2024:KHC:9784 WP No. 12932 of 2023

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a mandamus is sought against the respondents to grant retirement benefits such as gratuity, commutation value of pension, surrender leave encashment and to fix monthly pension.

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Heard learned counsel appearing for the petitioner, learned counsel appearing for respondent Nos.4 and 5, learned counsel appearing for respondent Nos.1 to 3 and learned AGA.

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Learned counsel appearing for respondent

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No.4 and 5 has placed on record the clarification sent by respondent No.4 and 5 dated 11.07.2023. Respondent No.3 has declined to process the petitioner’s claim for pension, gratuity and leave encashment on the ground that there are some discrepancies in the service book of the petitioner.

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Respondent No.4 has sent details relating to

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the petitioner for having availed leave during May 2003 till May 2004. If respondent No.3 is in receipt of

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NC: 2024:KHC:9784 WP No. 12932 of 2023

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communication sent by respondent No.4 dated 11.07.2023, the endorsement, which is issued indicating

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that petitioner’s claim for settlement of pension cannot be processed on account of some discrepancies in the service book, does not survive for consideration.

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On examination of the materials on record, it is evident that petitioner has attained age of superannuation on 31.08.2022. Initially, petitioner was appointed as a Second Division Assistant w.e.f. 01.09.1987. As on the date of superannuation, the petitioner was holding post of Office Superintendent.

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The petitioner’s 35 years of service represent

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a significant period of dedication and contribution to his employment. This extensive tenure underscores the petitioner’s commitment and loyalty to his duties, which forms the bedrock of their entitlement to retirement benefits. Pension, gratuity and leave encashment are integral components of a comprehensive retirement

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NC: 2024:KHC:9784 WP No. 12932 of 2023

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package, intended to provide financial security and recognition for years of service rendered. As such, the petitioner’s long-standing commitment establishes a prima-facie entitlement to these benefits. Furthermore, the refusal of respondent No.3 to process the petitioner’s claim based on purported discrepancies in their service book demands scrutiny. It is incumbent upon respondent No.3 to adhere to procedural fairness and due diligence in assessing the petitioner’s eligibility for retirement benefits. Any discrepancies or irregularities in the service record should be subject to thorough investigation and verification, with ample opportunity afforded to the petitioner to provide clarification or rectify any inaccuracies. The principle of natural justice dictates that individuals should not be deprived of their entitlements without proper scrutiny and adjudication. Denial of these entitlements without proper justification would constitute an infringement of the petitioner’s right and a failure of administrative duty. Therefore, the petitioner’s claim for pension, gratuity and leave encashment must be duly

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6 - NC: 2024:KHC:9784 WP No. 12932 of 2023

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processed and adjudicated upon, ensuring that his years of dedicated service is duly recognized and rewarded in accordance with law.

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Be that as it may be, respondent No.3 is hereby required to take cognizance of the details furnished by respondent Nos.4 and 5 in terms of the communication dated 11.07.2023 and thereafter, proceed to pass appropriate orders in accordance with law.

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If petitioner has a legal right to seek pension

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and there is corresponding obligations on the part of respondent No.3 to examine eligibility of the petitioner in regard to entitlement of pension, respondent No.3 is bound to pass appropriate orders insofar as gratuity and leave encashment is concerned.

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For the reason stated supra, this Court

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proceeds to pass the following;

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NC: 2024:KHC:9784 WP No. 12932 of 2023

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ORDER

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(i) The writ petition is allowed.

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(ii) The impugned endorsement dated 22.05.2023 bearing No.DTE 169 TBS(VAYO) 2022/542 vide Annexure-O issued by respondent No.3 is hereby quashed.

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(iii) Respondent No.3 is hereby directed to take appropriate steps and pass appropriate orders.

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(iv) This exercise shall be completed within a period of eight weeks from the date of receipt of copy of this order.

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(v) Pending applications, if any, are also disposed off.

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Sd/JUDGE

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NBM

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List No.: 1 Sl No.: 30

M L Pradyumna v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

M L Pradyumna v. the State of Karnataka

Case brief

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What did the court decide?

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