Allowed

Devakumar. H. R. v. State of Karnataka

Karnataka HC19 Sept 2024WP/14645/2024

Case brief

AI extract

What is this about?

A retired employee filed a writ petition seeking release of unpaid salary and terminal benefits. The High Court held that demanding documents required at recruitment time or stipulated post-retirement was unreasonable. It directed the release of salary and processing of the pension proposal. Disposition: Allowed.

What did the court decide?

Directing release of unpaid salary for Dec 2022 to May 2023 and processing of retirement benefit papers without demanding missing documents within one month.

Devakumar. H. R. Vs State of Karnataka — Pension and Retirement Benefits | Karnataka HC (2024)

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1 - NC: 2024:KHC:38667 WP No. 14645 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 19^TH DAY OF SEPTEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE R. NATARAJ WRIT PETITION NO. 14645 OF 2024 (S-RES)

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BETWEEN:

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DEVAKUMAR. H.R. S/O. LATE RAJASHEKHAR H.C., AGED ABOUT 61 YEARS, RETIRED JUNIOR TRAINING OFFICER, FITTER TRADE, SRI RAGHAVENDRA INDUSTRIAL TRAINING CENTRE, 9^TH CROSS, S.S. PURAM, TUMKUR-572102 AND RESIDING AT 'DIANA COTTAGE', 40 FEET ROAD, MARUTHI NAGAR MAIN ROAD, KHADAR NAGAR, KUVEMPUNAGARA POST, TUMKUR-572103.

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…PETITIONER

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(BY SRI. SUBRAMANYA BHAT M., ADVOCATE)

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AND:

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Digitally signed 1. STATE OF KARNATAKA by

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MARKONAHALLIRAMU PRIYA DEPARTMENT OF EMPLOYMENT AND TRAINING, Location: HIGH M.S. BUILDING, DR. B.R.AMBEDKAR VEEDHI,

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COURT OF BANGALORE-560001. KARNATAKA REPRESENTED BY THE SECRETARY

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THE COMMISSIONER EMPLOYMENT AND TRAINING, KAUSHALYA BHAVAN, BANNERGHATTA ROAD, BANGALORE-29.

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THE JOINT DIRECTOR (TRAINING) BANGALORE DIVISION, KAUSHALYA BHAVAN, BANNERGHATTA ROAD, BANGALORE-29

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2 - NC: 2024:KHC:38667 WP No. 14645 of 2024

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THE SECRETARY

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SRI VEERABHADRASWAMY EDUCATION SOCIETY, SUSHEELA BUILDING, 7^TH CROSS, S.S. PURAM, TUMAKUR-572102.

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PRINCIPAL GOVERNMENT ITI, TUMKUR AND DRAWING AND DISBURSING OFFICER, TUMKUR-572105

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…RESPONDENTS

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(BY SRI. PRINCE ISAC, ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NOS.1 TO 3 AND 5;

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SRI. K. BALAKRISHNA, ADVOCATE FOR RESPONDENT NO.4, ADVOCATE)

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THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO TAKE IMMEDIATE AND SUITABLE ACTION TO RELEASE THE UNPAID SALARY TO THE PETITIONER FOR THE PERIOD BETWEEN DECEMBER 2022 AND MAY 2023 AS THEIR INACTION TO PAY THE SAME IS ARBITRARY, IRRATIONAL AND UNREASONABLE BESIDES VIOLATIVE OF ARTICLES 14 AND 21 OF THE CONSTITUTION OF INDIA AND ETC.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE R. NATARAJ

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ORAL ORDER

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The petitioner has sought for the following reliefs:

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"a. Issue a writ of mandamus or any other writ, order or direction directing Respondents to take immediate and suitable action to release the

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3 - NC: 2024:KHC:38667 WP No. 14645 of 2024

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unpaid salary to the Petitioner for the period between December 2022 and May 2023 as their inaction to pay the same is arbitrary, irrational and unreasonable besides violative of Articles 14 and 21 of the Constitution of India;

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b. Issue a writ of mandamus, directing Respondents No.2 to 4 to release the automatic time bound promotions to the Petitioner on completion of 10, 15, 20 and 25 years of service, in terms of the proceedings of the Government bearing No.KE 303, ETI 2014, Bengaluru dated 14.11.2016, produced at Annexure- D;

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c. Issue a writ of mandamus or any other appropriate writ, order or direction, directing Respondents No.5 and 6 to send pension proposal of the Petitioner to Respondents No.2 to 4 and further direct Respondents No.2 to 4 to forward the same to the office of the Accountant General of Karnataka for the pension and other retrial benefits to be sanctioned, to meet the ends of justice;

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d) Issue a writ of mandamus or any other appropriate writ, order or direction, directing Respondents No.5 and 6 to pay interest at the rate of 10% per annum on the delayed settlement of terminal benefits to be payable to the Petitioner

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4 - NC: 2024:KHC:38667 WP No. 14645 of 2024

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from June 2023 till the same reaches to his hands, to meet the ends of justice."

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The petitioner contends that the respondent No.4 had established an Industrial Training Institute in the year 1983 with three trades namely, Electrician, Fitter and Mechanical Radio and Television. The petitioner was appointed as a Junior Training Officer in the institute which was admitted for grantin-aid by the respondent No.1. The post which was held by the petitioner was also admitted to grant by the Additional Director of Employment and Training vide order dated 31.03.1998 with effect from 01.11.1997. The petitioner retired from service on 31.05.2023. However, the salary payable from December, 2022 to May, 2023 was withheld. Similarly, the terminal benefits, such as, pension, commutation of pension, DCRG, EL encashment etc., was also not settled. The petitioner therefore, submitted several representations to the respondent Nos.2 and 5 requesting them to release the terminal benefits. However, the respondents have not considered the representations. The petitioner contends that the employees in the Industrial Training Institute in Karnataka who receive grant-in-aid from the State Government are entitled to receive service benefits

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5 - NC: 2024:KHC:38667 WP No. 14645 of 2024

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payable to such aided institution. The State Government had appointed an one man committee headed by Sri. P.S.S.Thomas to examine the demands of the employees of the Industrial Training Institute in the State relating to pay scales, time bound promotions, pension etc., The committee submitted a report recommending the Government to extend the service benefits of those employees in the same manner as was granted to a private institution. The State Government had issued an order dated 29.12.2014 accepting the report of Sri. P.S.S.Thomas and allowed the pensionary benefits and other service benefits on the same lines as was granted to the employees of other private aided Industrial Training Institutes. Following this, the State Government has issued an order dated 14.11.2016 sanctioning additional service benefits to the employees of Industrial Training Institutes receiving grant-inaid which included time bound promotion benefits on completion of 10, 15, 20 and 25 years of service. The petitioner therefore contends that as per the aforementioned Government orders, the following benefits were to be granted to the petitioner

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6 - NC: 2024:KHC:38667 WP No. 14645 of 2024

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(a) Time bound promotion for having completed 10, 15, 20 and 25 years of service, which fell due in the years 2007, 2012 2017 and 2022;

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(b) Pension;

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(d) DCRG and

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(e) EL encashment;

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The petitioner contends that even after more than a year from the date of retirement, the aforesaid releifs are not released to the petitioner. Therefore, the petitioner seeks aforementioned releifs.

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The learned counsel for the petitioner reiterated the above contentions and submits that the respondents are not justified in withholding terminal benefits payable to the petitioner, even after lapse of one year.

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The learned counsel for the respondent No.4 has

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filed statement of objections inter alia contending that the petitioner was bound to produce the experience certificate as well as insurance policies amounting to Rs.6.25% of his basic

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pay to claim the benefit of the enhanced service benefits recommended under Sri. P.S.S.Thomas report. He submits that since the petitioner has failed to produce experience certificate,

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7 - NC: 2024:KHC:38667 WP No. 14645 of 2024

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the respondents are not in a position to proceed to consider the request of the petitioner and forward it to respondent Nos.1 and 2.

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Learned counsel for the respondent No.4 reiterated the above contentions and submitted that if the petitioner furnishes experience certificate and insurance particulars, the same would be processed.

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Learned Additional Government Advocate has also

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filed statement of objections contending that issue of granting time bound promotions to the petitioner is under consideration by the Nodal Officer. However, in so far as the terminal benefits are concerned, the same is sanctioned as per the provisions of the Government order dated 14.11.2016 and 29.12.2014. However, the proposal for sanction of retirement benefits to the petitioner has to be prepared and forwarded along with requisite documents by the management of the institute to divisional office. The divisional office will in turn take further action in that regard. He therefore, contended that it is for the management to forward the request of the petitioner.

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8 - NC: 2024:KHC:38667 WP No. 14645 of 2024

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I have considered the submissions of the learned counsel for the petitioner as well as the learned counsel for the respondent No.4 and learned Additional Government Advocate for respondent Nos.1 to 3.

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The experience certificate that the respondent No.4 is now insisting is a document that the respondent No.4 must have taken at the time of initial recruitment. The petitioner is already retired from the service. If this document was not furnished at the time of recruitment, the petitioner cannot be compelled to produce it at this point in time. As far as the insurance policy is concerned, this too was a requirement that must have been insisted, while the petitioner was in service. Even otherwise, the requirement of obtaining insurance to the extent of 6.25% of the basic salary, was a stipulation that was brought in force after the petitioner had retired from service and therefore, he cannot be compelled to obtain insurance policies now. The premise on which, the respondent No.4 has sat on the file of the petitioner is therefore, unreasonable and therefore warrants interference.

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9 - NC: 2024:KHC:38667 WP No. 14645 of 2024

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Consequently, this petition is allowed. The respondent No.4 is directed to process the papers of the petitioner for determination of retirement benefits payable to the petitioner and forward it to the respondent Nos.2 and 3 who shall consider the same in accordance with law and pass appropriate orders.

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In order to expedite the matter, the respondent No.4 is directed to process the papers without insisting for the experience certificate or insurance policy within a period of one month from the date of receipt of a copy of this order. The respondent Nos.2 and 3 shall dispose off the proposal within a period of two months thereafter.

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The respondent No.4 shall take immediate steps to

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release the salary for the month of December, 2022 to May, 2023 within one month from the date of receipt of a copy of this order.

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Sd/(R. NATARAJ) JUDGE

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List No.: 1 Sl No.: 5

Devakumar. H. R. v. State of Karnataka

Case brief

What is this about?

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Devakumar. H. R. v. State of Karnataka

Case brief

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