DR. SMT. SHANKRAMMA .C.KAMALAPUR vs. THE STATE OF KARNATAKA

1 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

DATED THIS THE 09TH DAY OF OCTOBER, 2020

BEFORE

THE HON’BLE MR.JUSTICE S.VISHWAJITH SHETTY

WRIT PETITION NO.109409 OF 2017 (S-R)

BETWEEN DR. SMT. SHANKRAMMA .C.KAMALAPUR AGE: 61 YEARS, OCC: RETIRED, R/O:PLOT NO 2D, SHARADA COLONY 1ST CROSS, DHARWAD-580004 ... PETITIONER (BY SRI. S. A. SONDUR, ADV., FOR SRI. K L PATIL, ADV.,)

AND 1. THE STATE OF KARNATAKA, REPRESENTED BY PRINCIPAL SECRETARY, DEPART. OF HIGHER EDUCATION M.S.BUILDING, BANGALORE-560001

2 BASAVESHWAR ARTS COLLEGE BAGALKOT.

(BY SRI. VINAYAK S KULKARNI, AGA FOR R1 TO R3; SRI. S. B. HEBBALLI, ADV., FOR R4 TO R6)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT TO THE RESPONDENTS TO PAY AN INTEREST AT THE RATE OF 12% ON THE DELAYED SETTLEMENT OF PENSION AND PENSIONARY BENEFITS AND DIRECT THE RESPONDENTS TO SETTLE THE EARNED LEAVE ENCASHMENT BENEFIT WITHIN 4(FOUR) WEEKS FROM THE DATE OF RECEIPT OF THE ORDER OF THIS HON'BLE COURT ALONG WITH INTEREST AT THE RATE REFERRED SUPRA.

THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING “B” GROUP, THIS DAY, THIS COURT, MADE THE FOLLOWING: ORDER The petitioner, in this writ petition, has sought for a writ in the nature of mandamus directing the respondents to pay interest at the rate of 12% on the delayed settlement of pension and pensionary benefits and direct the respondents to settle the earned leave encashment benefits within four

3 weeks from the date of receipt of the order of this Court along with interest. 2. It is the case of the petitioner that she joined as a lecturer in the fourth respondent institution and worked in respondents 5 and 6 institutions and has totally put in 31 years of her service and relieved on 30.05.2015. 3. The grievance of the petitioner is that her pension papers were not submitted by the institutions to the government authorities within time and it was being done deliberately to harass the petitioner. Subsequent to her retirement, on 03.09.2015 the petitioner issued a letter to the fifth respondent to forward her pension papers. In spite of such a request being made in writing, there was no response from the fifth respondent. However, acting on the copy of the said representation, which was submitted to the third respondent, a communication was issued to the fifth respondent by the third respondent calling upon him to submit the pension papers.

4 4. Subsequently, on 14.10.2015, petitioner issued one more representation to the fifth respondent and in the said representation she had given clarification with regard to queries that were made by respondent No.5. In spite of that, there was no progress in the matter. On the other hand, on 14.12.2015, the fifth respondent has issued a communication to the petitioner requesting her to send her work diary, challans of payment of income tax and no objection certificate obtained from respondent No.4 etc., This was done only to delay settlement and harass petitioner. The petitioner had brought these aspects to the notice of third respondent who once again on 22.01.2016 requested the fifth respondent to send the provisional pension papers. 5. At the request of the fifth respondent, the petitioner on 17.03.2016 once again gave a detailed explanation about the balance of earned leaves to her credit. Though the service register of the petitioner, including attendance register, leave applications, leave surrender and sanction papers were all in the custody of respondent No.5, none of these were looked to furnish the status of earned

5 leave balance in the pension papers of the petitioner by the fifth respondent and without mentioning anything about the status of earned leave balance, the pension papers were forwarded by the fifth respondent and considering the same, the third respondent has immediately forwarded the pension papers to the higher officers for the purpose of process and settlement. 6. It is the case of the petitioner that in spite of she making all efforts and giving all possible explanations, the respondent No.5 has not furnished the leave position to the credit of the petitioner at the time of her retirement and therefore, respondent No.3 was forced to seek details of the earned leave to the credit of the petitioner at the time of her retirement. Though the Office of the Accountant General has settled the pension of the petitioner, the earned leave encashment benefit is remained unsettled till date and therefore, she is also entitled to claim interest on the delayed settlement of pension. In this regard, the petitioner has made several attempts and even complaint has been given to the Anti Corruption Bureau, Dharwad. In spite of that, till

6 date her earned leave encashment benefit is not settled. It is under these circumstances, she has approached this Court in this writ petition. 7. The learned Additional Government Advocate appearing for respondents 1 to 3 submits that if the respondents 4 and 5 submit the relevant service records including the service register and other ancillary documents pertaining to the service of the petitioner, they will consider the case of the petitioner and settle her pensionary benefits including earned leave encashment benefits at the earliest. He also submits that in spite of there being a direction to the respondent No.4 and 5 by this Court vide order dated 19.08.2020, till date they have not complied with the said order by producing the service register of the petitioner. 8. Learned counsel for the respondents 4 to 6 submits that he will furnish all the service records of the petitioner including service register and other ancillary documents that are required to settle the petitioner’s pensionary benefits and earned leave encashment benefits to the third respondent, if some time is given to him.

7 9. The submission made by the learned AGA and the learned counsel appearing for respondents 4 to 6 is placed on record. 10. The respondents 4 to 6 are directed to furnish the service register of the petitioner with all other ancillary documents pertaining to her service to the third respondent within a period of one month from the date of receipt of certified copy of this order and on receipt of said records, the third respondent shall take necessary action for settling the pensionary benefits and earned leave encashment benefits of the petitioner along with interest, if applicable, within two months from thereafter. 11. The writ petition is accordingly disposed of.

Sd/- JUDGE

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