Dismissed

Sri K Shivananje Gowda v. Vokkalingara Sangha (Regd)

Karnataka HC2 Jan 2024WP/37574/2012

Case brief

AI extract

What is this about?

Retired KIMS Hospital employees sought leave encashment for 240 days of unavailed earned leave, contending entitlement under Karnataka Civil Service Rules despite the Sangha adopting its own Rules in 2001. The Court held that since they retired after adoption of the Sangha's Rules, which provide no leave encashment, no legal right exists and no mandamus could be issued.

What the court decided

AI extract

Sri K Shivananje Gowda Vs Vokkalingara… — Pension and Retirement Benefits | Karnataka HC (2024)

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1 - NC: 2024:KHC:131 WP No. 37574 of 2012

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 2^ND DAY OF JANUARY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 37574 OF 2012 (S-R)

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BETWEEN:

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SRI K SHIVANANJE GOWDA AGED 62 YEARS, S/O LATE NANJAIAH ACCOUNTS SUPERINTENDENT (RETD) KIMS HOSPITAL, BANGALORE-560004 R/O NO.2 (46), 1^ST CROSS, KALIDASA LAYOUT, SRINAGAR, BANGALORE-560050

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Digitally signed by ALBHAGYA Location: HIGH COURT OF KARNATAKA

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SRI. N.M. PUTTASWAMY AGED 61 YEARS, S/O LATE MANCHEGOWDA CHIEF LAB.TECHNICIAN (RETD), DEPARTMENT OF FORENSIC MEDICINE, KIMS HOSPITAL, BANGALORE-560004 R/O NO.135, "SRI VINAYAKA" 1^ST MAIN, K.G.S LAYOUT, VIJAYANAGAR, BANGALORE-560040

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SRI B.K. SUBBAREDDY AGED 61 YEARS, S/O LATE BYAPPA MANAGER (RETD) KEMPEGOWDA INSTITUTE OF NURSING, K.R. ROAD, V.V. PURAM BANGALORE-560004 R/O NO.33, OMBR LAYOUT CHICKABANASWADI MAIN ROAD,

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2 - NC: 2024:KHC:131 WP No. 37574 of 2012

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BANGALORE-560043

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…PETITIONERS

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(BY SRI. K C SHANTAKUMAR, ADVOCATE)

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AND:

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VOKKALINGARA SANGHA (REGD) K.R. ROAD, V.V. PURAM BANGALORE-560004 REPRESENTED BY ITS PRINCIPAL SECRETARY

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THE ADMINISTRATIVE MEDICAL OFFICER KIMS HOSPITAL, BANGALORE-560004

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…RESPONDENTS

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(BY SRI. SOMASHEKAR, ADVOCATE FOR R1 & 2)

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THIS WP IS FILED UNDER ARTICLE 226 OF THE

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CONSTITUTION OF INDIA PRAYING TO DIRECT THE R1 TO EXTENT TO THEM LEAVE ENCASHMENT BENEFIT TOWARDS THEIR UNAVAILED EARNED LEAVE OF 240 DAYS EACH WITHOUT BROOKING ANY FURTHER DELAY IN THE MATTER AND ETC.,

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

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3 - NC: 2024:KHC:131 WP No. 37574 of 2012

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ORDER

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The captioned petition is filed by the retired employees of respondent No.1-Vokkaligara Sangha feeling aggrieved by the inaction on the part of respondent No.1 in not extending leave encashment benefit towards unavailed Earned Leave of 240 days.

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The short point that needs consideration at the hands of this Court is as to whether the petitioners who have attained the age of superannuation post respondent No.1-Sangha adopting its own Rules which is called as Vokkaligara Sangha Service Rules which came into effect from 10.11.2001 are entitled to seek leave encashment on account of retirement.

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Learned counsel appearing for the petitioners reiterating the grounds urged in the petition would vehemently argue and contend that respondent No.1Sangha adopted its own Service Rules with effect from 10.11.2001 and therefore, the petitioners who were appointed prior to Sangha having its own Service Rules

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NC: 2024:KHC:131 WP No. 37574 of 2012

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are entitled to seek leave encashment for a maximum period of 240 days in terms of Rule 118 of Karnataka Civil

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Service Rules.

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While respondent No.1-Sangha countering the claim made in the legal notice has issued a reply notice indicating that in view of respondent No.1-Sangha formulating its own Service Rules, no provision is made for encashment of Earned Leave and therefore, by way of reply to the legal notice issued by the petitioners, respondent No.1-Sangha has declined to extend the benefit of leave encashment to the petitioners.

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Heard learned counsel appearing for the petitioners and learned counsel appearing for the respondents. Perused the Rules framed by the respondent No.1-Sangha.

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The petitioners contention that since they were appointed prior to respondent No.1-Sangha having adopted its own Service Rules and therefore, they are

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5 - NC: 2024:KHC:131 WP No. 37574 of 2012

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entitled to seek benefit of leave encashment in terms of Karnataka Civil Service Rules cannot be acceded to. Merely because petitioners were appointed before Sangha adopted its own Service Rules, that in itself will not constitute right to the petitioners to seek leave encashment by falling back on Karnataka Civil Service Rules which were prevailing and applicable to the respondent No.1-Sangha till it adopted its own Rules in 2001. It is also not in dispute that petitioners have retired from service post respondent No.1 adopting its own Service Rules. If the Service Rules of respondent No.1Sangha does not contemplate leave encashment, the petitioners having admittedly retired post Sangha adopting Service Rules, have no legal right to seek leave encashment. Correspondingly, respondent No.1-Sangha is not under obligation to extend leave encashment which is not permissible in terms of the Vokkaligara Sangh Service Rules. Therefore, this Court is not inclined to grant any relief to the petitioners.

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NC: 2024:KHC:131 WP No. 37574 of 2012

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No mandamus can be issued in the light of the

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observations made by this Court supra. Writ petition is

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dismissed.

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Sd/JUDGE

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CA List No.: 1 Sl No.: 43

Sri K Shivananje Gowda v. Vokkalingara Sangha (Regd)

Case brief

What is this about?

What the court decided

Sri K Shivananje Gowda v. Vokkalingara Sangha (Regd)

Case brief

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What the court decided

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