Smt. Varuna T R Vs the Secretary — Writ and Judicial Review | Karnataka HC (2026)

Smt. Varuna T R Vs the Secretary — Writ and Judicial Review | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Mandamus issued: respondent No.3-Deputy Commissioner directed to proceed further in accordance with law to recover the statutory gratuity payment to the petitioner from respondent No.5 as arrears of land revenue, and to complete the further proceedings as early as possible.

Issue for consideration

Whether respondent No.3-Deputy Commissioner is to be directed to consider the representations dated 23.07.2024 and 25.11.2024 and to recover from respondent No.5 the gratuity of Rs.1,07,884/- with 10% interest awarded by the Controlling Authority's order dated 14.07.2023 and covered by the recovery certificate dated 13.10.2023, as arrears of land revenue.

Court's answer

The records establish an order in favour of the petitioner passed by the Controlling Authority directing payment of gratuity, issued against respondent No.5, and it appears the payment has not been made.

Ratio / Principle

The Deputy Commissioner is required to take further steps to recover the amount as arrears of land revenue from respondent No.5.

Key takeaways

The Writ Petition is allowed; respondent No.3-Deputy Commissioner is directed to proceed further in accordance with law to recover the statutory payment to the petitioner as arrears of land revenue, and the further proceedings shall be completed as early as possible.ratio¶ORDER(ii)

Detailed headnote1 paragraphs

Gratuity recovery — mandamus under Articles 226 and 227 — Payment of Gratuity Act machinery. The Controlling Authority (respondent No.4, Labour Officer and Controlling Authority under the Payment of Gratuity Act, Sub-Division-06) by order dated 14.07.2023 (Annexure-A) directed respondent No.5 (Secretary, Kidwai Cancer Drug Foundation) to pay the petitioner Rs.1,07,884/- with 10% interest per annum from 02.02.2022 till payment; no appeal was filed, and a recovery certificate dated 13.10.2023 was issued (Annexure-D). The Deputy Commissioner, Bengaluru Urban District (respondent No.3) failed to act on the petitioner's representations dated 23.07.2024 and 25.11.2024 (Annexures-H and J) except issuing notice to the Special Tahsildar, Bangalore North (Annexure-G). Holding (Anant Ramanath Hegde, J.): since the gratuity order stands unimplemented and respondent No.5 did not claim payment was made, the Deputy Commissioner is required to take further steps to recover the amount as arrears of land revenue from respondent No.5. Writ petition allowed; Deputy Commissioner directed to proceed in accordance with law and complete proceedings as early as possible.

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NC: 2026:KHC:5832 WP No. 4005 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2^ND DAY OF FEBRUARY, 2026

BEFORE

THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

WRIT PETITION NO. 4005 OF 2025 (L-PG)

BETWEEN:

SMT. VARUNA T R, AGED ABOUT 33 YEARS, W/O LATE DILIP G.B, RESIDING AT C/O PADMA R, NO.26, SRI RANGANATHA NILAYA, SRINIVASA TEMPLE STREET, 5^TH CROSS, MARUTHI NAGARA, MADIWALA NEW EXTENSION, BENGALURU-560068.

…PETITIONER

(BY SRI SIDDESWARASWAMY S B, ADVOCATE)

AND:

Digitally 1. THE SECRETARY, signed by DEPARTMENT OF REVENUE, PRAMILA G V VIKASA SOUDHA, DR. AMBEDKAR VEEDHI, Location: BENGALURU-560 001. HIGH COURT OF 2. THE SECRETARY, KARNATAKA

THE SECRETARY, DEPARTMENT OF LABOUR, VIKASA SOUDHA DR. AMBEDKAR VEEDHI, BENGALURU-560 001.

THE DEPUTY COMMISSIONER, BENGALURU URBAN DISTRICT, BENGALURU-560 001.

THE LABOUR OFFICER AND CONTROLLING UNDER

2 - NC: 2026:KHC:5832 WP No. 4005 of 2025

HC-KAR

THE PAYMENT OF GRATUITY AC SUB-DIVISION -06 KARMIKA BHAVAN, BANNERAGHATTA ROAD, BENGALURU-560 073.

THE SECRETARY, KIDWAI CANCER DRUG FOUNDATION, KMIO CAMPUS, DR. M H MARIGOWDA ROAD, BENGALURU-560 029.

…RESPONDENTS

(BY SRI M RAJAKUMAR, AGA FOR R1 TO R4)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.3 TO CONSIDER THE REPRESENTATIONS DATED 23.07.2024 AND 25.11.2024 VIDE ANNEXURE-H AND J TO TIS WRIT PETITION AND CONSEQUENTLY DIRECT THEM TO RECOVER THE GRATUITY AMOUNT FROM RESPONDENT NO.5 IN TERMS OF THE ORDER TO THIS WP PASSED BY RESPONDENT NO.4, DATED 14.07.2023 VIDE ANNEXURE-A AND AS WELL AS IN TERMS OF CERTIFICATE FOR RECOVERY OF GRATUITY DATED 13.10.2023 IN A SUM OF RS.1,07,884/-N WITH 10 PERCENT INTEREST FROM 02.02.2022 TILL THE DATE ACTUAL PAYMENT.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING 'B' GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

3 - NC: 2026:KHC:5832 WP No. 4005 of 2025

HC-KAR

ORAL ORDER

This petition is filed seeking writ of mandamus to consider the representation dated 23.07.2024 and 25.11.2024 marked Annexures-H and J respectively.

The petitioner claims that her claim for payment of gratuity is allowed by the Controlling Authority in terms of order dated 14.07.2023. It is submitted that in terms of the said order, the respondent No.5 was directed to pay Rs.1,07,884/- to the petitioner along with 10% interest per annum from 02.02.2022 till the date of payment. It is admitted that there was no appeal against the said order and the petitioner sought a recovery certificate from the Competent Authority.

The Competent Authority in terms of Annexure-D has issued the recovery certificate and based on the recovery certificate the petitioner has filed application before respondent No.3-Deputy Commissioner to act in accordance with law and to recover the arrears of gratuity as arrears of land revenue from the respondent No.5.

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NC: 2026:KHC:5832 WP No. 4005 of 2025

HC-KAR

It is submitted that there is no response to the applications dated 23.07.2024 and 25.11.2024 except issuing notice to Special Tahsildar, Bangalore North in terms of Annexure-G.

Learned Government Advocate would submit that

appropriate action will be initiated in accordance with law.

The Court has considered the contentions raised at

the Bar and perused the records.

It is forthcoming from the records that there is an order in favour of the petitioner passed by the Controlling Authority directing payment of a gratuity to the petitioner. The direction is issued against respondent No.5. It appears that the payment is not made. Respondent No.5 is not represented before the Court.

The Deputy Commissioner has issued the recovery certificate on 13.10.2023. It is not the case of the respondent No.5 that gratuity is paid to the petitioner.

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NC: 2026:KHC:5832 WP No. 4005 of 2025

HC-KAR

Under these circumstances, the Deputy

Commissioner is required to take further steps to recover the

amount as arrears of land revenue from the Respondent No.5.

Hence, the following:

ORDER

(i) The Writ Petition is allowed .

(ii) Respondent No.3 Deputy Commissioner is directed to proceed further in accordance with law to recover statutory payment to the petitioner as arrears of land revenue.

(iii) The further proceedings shall be completed as early as possible.

Sd/-

(ANANT RAMANATH HEGDE) JUDGE

GVP

List No.: 1 Sl No.: 71