Allowed

Karnataka Handloom Development Corporation Retired Employees Welfare Association (R) v. the State of Karnataka

Karnataka HC4 Sept 2024WP/9229/2024

Case brief

AI extract

What is this about?

Retired employees of a handloom corporation sought interest on belated settlement of earned leave salary under government orders of 1994 and 2003. Respondent undertook to consider their representations in light of those orders and an earlier writ order; the court allowed the petition with a direction to decide within three months.

What did the court decide?

Respondent No.2 directed to consider representations and pay interest on delayed earned leave salary if entitled, per GO dated 21.08.2003 and W.P No.50972/2019, within three months.

Karnataka Handloom Development Corporation… — Pension and Retirement Benefits | Karnataka HC (2024)

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1 - NC: 2024:KHC:36245 WP No. 9229 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 4^TH DAY OF SEPTEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE R. NATARAJ WRIT PETITION NO. 9229 OF 2024 (S-R)

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BETWEEN:

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KARNATAKA HANDLOOM DEVELOPMENT CORPORATION RETIRED EMPLOYEES WELFARE ASSOCIATION (R), NO. 111, 3RD E CROSS, NETHAJINAGAR, NEAR JALAHALLI CROSS, BENGALURU - 560 057. RPT BY ITS JOINT SECRETARY, B.S GUURSWAMY S/O SHIVABASAPPA, AGED ABOUT 68 YEARS.

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Digitally signed by MARKONAHALLI RAMU PRIYA Location: HIGH COURT OF KARNATAKA

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T KAMALAMMA, W/O P VEERABHADRAIAH, AGED ABOUT 70 YEARS, R/AT NO. 1235/7,

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4TH PHASE, 4TH MAIN, E BLOCK, RAJAJINAGAR, BENGALURU - 560 010.

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G D BHOOTNAL, S/O DUNDAPPA, AGED ABOUT 69 YEARS, R/AT BIJJARAGI, TIKOTA TALUK, BIJAPUR DISTRICT - 591 307.

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D M BABU REDDY, S/O MUNIYAPPA REDDY, AGED ABOUT 68 YEARS, R/AT NO. 40, GANESHA TEMPLE ROAD,

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2 - NC: 2024:KHC:36245 WP No. 9229 of 2024

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3RD CROSS, DINNUR R.T NAGAR POST, BENGALURU - 560 032.

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N M HEBBALI, S/O MAHADEVAPPA, AGED ABOUT 68 YEARS, R/AT MRUTHYUNJAYANAGARA, RANEBENNURU, HAVERI - 581 115.

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B S SHIVANANJAPPA, S/O LATE SHIVARUDRAPPA, AGED ABOUT 66 YEARS, R/AT NO. 9, 1ST CROSS, 1ST MAIN MOTINAGARA, R.T NAGAR POST, BENGALURU - 560 032.

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T KRISHNAPPA, S/O LATE S V THIMMAYA, AGED ABOUT 65 YEARS, R/AT NO. 4, 19TH C CROSS, 7TH MAIN, N.S PALYA, BTM 2ND STAGE, BENGALURU - 560 076.

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S SOMAPPA, S/O DIGGEPPA, AGED ABOUT 65 YEARS, R/AT NO. MALLIKARJUNA NILAYA, BHASAVESHWARA ROAD, T. DASARAHALLI, BENGALURU - 560 057.

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B CHANDRASHEKARA, S/O LATE BHADRAPPA, AGED ABOUT 65 YEARS, R/AT NO. 4, 7TH CROSS, AGRAHARA DASARAHALLI,

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3 - NC: 2024:KHC:36245 WP No. 9229 of 2024

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MAGADI MAIN ROAD, BENGALURU - 560 079.

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HANUMANTHAPPA H VENKANNANAVAR, S/O H V HANUMANTHAPPA, AGED ABOUT 65 YEARS, R/AT NO. 5, SAGARA ROAD, C BLOCK, GOPALA GOWDA EXTENTION, SHIMOGGA - 577 205.

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S S VEERKAR, S/O LATE SHIVAJI VEERKAR, AGED ABOUT 64 YEARS, R/AT MADHAVANAYAKA ONI KOTE, RENEBENNUR, HAVERI - 581 115.

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M.H. PUTTARAJEGOWDA, S/O HUCHCHEGOWDA, AGED ABOUT 64 YEARS, R/AT NO.172, 2ND CROSS, 2ND MAIN, SOLLAPURADAMMA EXTENSION, SUNKADAKATTE, V.N. POST, BENGLAURU - 560 091.

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N. AMARESHA,

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S/O K.V. NAGARAJA SHETTY, AGED ABOUT 64 YEARS, T/AT KUGURU VILLAGE, SARJAPURA HOBLI, ANEKAL TALUK, BENGALURU - 561 125.

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R. SHIVAMURUGAN, S/O K.A. RAMACHANDRAN, AGED ABOUT 62 YEARS, R/AT C/O MUTTANNA, NO. 13/1, 3RD CROSS, VENKATAGIRI EXTENSION,

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4 - NC: 2024:KHC:36245 WP No. 9229 of 2024

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D.B. SANDRA,

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BENGALURU - 560 097.

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R. PADMANABHAN,

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S/O O RANGANATH, AGED ABOUT 63 YEARS, R/AT NO.2, 19TH CROSS, 15TH MAIN, PADMANABHANAGAR, BENGLAURU - 560 061.

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B.S. SHIVAKUMAR,

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S/O SUBBAIAH, AGED ABOUT 63 YEARS, R/AT NO.179, 4TH CROSS, 4TH MAIN, BANASHANKARI 3RD STAGE, BENGALURU - 560 085.

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NARASIMHA MURTHY, S/O LATE PUTTAIAH, AGED ABOUT 63 YEARS, R/AT NO.175, M.N.T. EXTENSION, DASANAPURA HOBLI, BENGALURU - 562 162.

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D. MANJUNATH,

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S/O DODDARAMANNA, AGED ABOUT 63 YEARS, R/AT NO.24, MAHALAKSHMI ENCLAVE, RASHTRAKUTA LAYOUT, MANGANAHALLI, BENGALURU - 560 060.

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P. NATARAJA S/O PONNUSWAMY, AGED ABOUT 63 YEARS, R/AT C/O RUDRAPPA, 5TH CROSS, RAGHAVENDRA COLONY, ACHARYA COLLEGE ROAD,

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5 - NC: 2024:KHC:36245 WP No. 9229 of 2024

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CHIKKABANAVARA,

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BENGALURU - 560 073.

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C. SHIVAKUMAR, S/O T.H. CHIKKAVEERAIAH, AGED ABOUT 63 YEARS, R/AT NO. 4/16, HOYSALA NAGARA, SUNKADAKATTE, V.N. POST, BENGALURU- 560 091.

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V.S. MADIWALAR,

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S/O SOMAPPA MADIWALAR, AGED ABOUT 63 YEARS, R/AT 5TH CROSS, 1ST MAIN, UMASHANKARANAGARA, RANEBENNUR, HAVERI - 581 115.

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…PETITIONERS

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(BY SRI SUNDARESH H C, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA, BY ITS PRINCIPLE SECRERTARY, DEPARTMENT OF COMMERCE AND INDUSTRIES, VIKASA SOUDHA, BANGALORE - 560 001.

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MANAGING DIRECTOR, KARNATAKA HANDLOOM DEVELOPMENT, CORPORATION LTD., HEAD OFFICE, PRIYADARSHINI NEKARA COLONY, VIDYANAGAR, HUBBALLI - 580 031.

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…RESPONDENTS

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(BY SRI PRINCE ISSAC, AGA FOR R1; SRI D. NAGARAJA, ADVOCATE FOR R2)

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NC: 2024:KHC:36245 WP No. 9229 of 2024

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO - DIRECT THE R-2 TO CONSIDER THE REPRESENTATION DTD 10.01.2020 AND 21.05.2022 FILED BY THE PETITIONER AS PER ANNEXURE-E AND E1 RESPECTIVELY FOR PAYMENT OF INTEREST FOR DELAY IN SETTLEMENT OF EARNED LEAVE SALARY AS PER THE GOVERNMENT ORDER DTD 21.08.2003 AS PER ANNEXURE-D AND ALSO AS PER THE ORDER PASSED BY THIS HONBLE COURT IN WP NO. 50972/2019 AND OTHER CONNECTED MATTERS DISPOSED ON 07.12.2021 AS PER ANNEXURE - H 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 petitioners have sought for a writ in the nature of Mandamus to direct the respondent No.2 to consider their representations dated 10.01.2020 and 21.05.2022, for payment of interest due to the delay in settlement of earned leave salary as per the government order dated 21.08.2003 and as per the order dated 07.12.2021 passed by this Court in W.P No.50972/2019.

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NC: 2024:KHC:36245 WP No. 9229 of 2024

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The petitioners contend that they are all employees of respondent No.2 who retired from service. The petitioners were entitled to terminal benefits such as gratuity, earned leave salary and death relief fund. The respondent No.1 had issued an administrative order dated 13.09.1994, for payment of interest at the rate of 12% p.a for the belated payment of terminal benefits such as gratuity, earned leave and death relief fund. This order was later modified in terms of the government order dated 21.08.2003, by which, the rate of interest was reduced to 8% p.a but, all other conditions stipulated under the government order dated 13.09.1994, remained unaltered. The petitioners contend that, as per the staff regulations of respondent No.2, it was bound to settle the terminal benefits within 30 days from the date of attaining age of superannuation. However, respondent No.2, did not release the terminal benefits. The petitioners contend that respondent No.2 had paid interest for the delay in settlement of gratuity and death relief as per the government order dated 21.08.2003, but, failed to pay interest for the delay in settlement of earned leave salary. The petitioners therefore, submitted representations for payment of interest for the delay in settlement of earned leave salary as per the government

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8 - NC: 2024:KHC:36245 WP No. 9229 of 2024

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orders dated 13.09.1994 and 21.08.2003. The petitioners contend that in similar circumstances, a co-ordinate bench of this Court in W.P No.50972/2019, had directed respondent No.2 to pay interest on the belated settlement of earned leave salary benefits. The petitioners therefore, seek appropriate direction to respondent No.2 to pay interest for the delay in earned leave salary on the basis of the government order referred above, as well as the order passed by this Court in the writ petition referred above.

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Learned counsel for the petitioner reiterates the above contentions and prays suitable directions be issued to respondent No.2.

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Learned counsel for respondent No.2 submits that the case of the petitioners shall be considered in the light of government orders dated 13.09.1994 and 21.08.2003, as well as the order passed by this Court in W.P No.50972/2019. He submits that if the petitioners are entitled to interest for the belated period, the same would be considered in accordance with law.

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In view of the aforesaid submission, this writ petition is allowed and respondent No.2 is directed to consider

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NC: 2024:KHC:36245 WP No. 9229 of 2024

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the representations of the petitioners and if the petitioners are entitled to interest for the delayed payment of earned leave salary, the same shall be granted to the petitioners in accordance with the government order dated 21.08.2003, as well as the order passed by this Court in W.P No.50972/2019 . This shall be complied within three months from the date of receipt of a copy of this order.

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In view of the disposal of this writ petition, I.A No.1/2024 does not survive for consideration.

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Sd/(R. NATARAJ) JUDGE

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THM List No.: 1 Sl No.: 22

Karnataka Handloom Development Corporation Retired Employees Welfare Association (R) v. the State of Karnataka

Case brief

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Karnataka Handloom Development Corporation Retired Employees Welfare Association (R) v. the State of Karnataka

Case brief

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