IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD DATED THIS THE 27?" DAY 01? NOVEMBER, BEFORE} THE HONBLE MR.JUsT1_cE. H4.BILLA?'éAj» w.p. No.9932/20'@§_sLsj::'*zsj Between: : ' V' MKKubsad 55 yrs, s / 0 Karibasappa.V_Kub'sad'* r/'c1CTS No.3553, " I ' Buradagaiii -. = ' Near MotagiMath, V Athaniw~591_..30§}"-. V' _. 'V Belgaurn D41s.:ric:;:'_. _ ..PETITIONER (By Adv} AND: j_ ' . A ' 1 1 A. -- .. The Ka.rnaVtaka"Agf0 Industries C'orporati'en__Ltd. . By its Managihg Director ,Hsbba1, _ V V ' _ E--angé1Q1fc-24 The State of Karnataka 'By its Secretary " VVDIPAR, Vidhana Soudha Banga1ore-560 O0} .. RESPONDENTS
_ V(‘By”Sri P s Manjunath, Adv for R-I
‘ }Sri K 13 Adhyapak, AGA for R-2)
fit//M
This WP is filed under Articles 226 85 227 of the
Constitution of India, praying to direct the respondents to
pay the sum of Rs.69,037/– being the balance o’i”—Ex-
Gratia/Gratuilty amount due to the petitioner ur:.de’1r.._’the
voluntary retirement scheme and etc.,.
This WP coming on for preliminary hearing
the Court made the folloWing:~«
The learned Government Advocate i.s'”{‘iirectec_j§. to
take notice for the second respondent.
2. Heard the petitioner and
also the learned There is no
repre sentatioini ‘respondent.
3. Ih ‘-uedézy Articles 226 e, 227 of
the C’Onstitutioni:’o.fVVthe petitioner has sought for the
followingreliefsiii .
(a) f’vPay_the sum of Rs.69,037/– being the
balance of Ex~»Gratia/Gratuity amount
. due to the petitioner under the
Voluntary Retirement Scheme; the
C sum of Rs.7,0375/– being the excess
amount deducted as per Annexure~E
together with interest at such rate as
this I-Ion’ble Court deems meet.
(‘0) Pay interest at the rate as directed by
this I-Ion’ble Court in W.P. 29760-
762/2004 (Annexure–J) per annum
for the delayed payments of
Rs.96,33 1/– (3 months delay),
Rs.2,02,135/- (7 months delay) and
Rs.1,99,737/– (14 months delay).
(c) And grant cost of this writ peti’tio:n.._i*-
and such other reliefs as this F~o.n_’b.1__er-
Court might deem meet fin the”
circumstances of the case”~.in’.V_the
interest ofjustice__and__equfLty.”‘” ‘ ‘
4. The petitioner was working asa SLip_erintend.ent f
the Belgaum branch of the,a’first respondentefiiorvporatjioni.
On 5–9–2003, the first responideViitr~Oorporatiori iritroduced
the Voluntary Retirement /l;nnei)l:iure–A. The
petitioner opted for the vol.t1ntar_Ӥr scheme. On
28-1ad»2OO3;7.ipetitionerlsaiapplication was accepted and he
was relieved from th effect from 31-10-2003. The
petiti.0neriiiha._d ptit service of 28 years and 10 months
zpwfitsilireiliieived. The Head Office of the first
‘V’responrzieizfiifioijporation had deducted a sum of
’12g§’§7,135’/’§l__{instead of RS100/–. On 31-10-2003, the
}3e1g’anrn Office issued a statement as per Annexure~»E
_stat_.ing that the first respondent has to refund excess
lgdeduction of Rs.7,035/-. The petitioner contends, in all,
7
t.,/
he has to be paid a sum of Rs.5,67,240/– and only a sum
of Rs.4,98,203/– has been paid, that too, in .three
instalments. According to him, the first respondent.hasf.to’« 2
pay a sum of Rs.69,037/-~.
5. The petitioner contends :that”the first
has calculated the amount arbitrar_ily_\ivithouti
the details. it is also staiteqé’-«..ftV1e other ‘had
approached this Court in l*«”;P..l$:1’o.f2’t9_76O~:762,’2004 and
this Court directed the respondient the claim.
6. There.:i’s.__no onpbfehalf of the first
respondent; se<:.og1éi–v.._respo11dent is only a formal
:-
/’ u T he learned counsel for the petitioner contended
that as again_:st’th’e claim of Rs.5,67,240/–, only a sum of
haisiiiiibieen paid. He also submitted that
“exciesse._amVoun_1: deducted also has not been paid. He
th4ereforeii’r;;u;oInitted that the first respondent may be
directed to pay the amount with interest.
8. l have carefully considered the submissions made
fgby learned counsel for the petitioner.
, , peti’tio.n.er;ii– ..
9. The point that arises for consideration is, whether
the first respondent can be directed to pay the amount
with interest?
10. It is relevant to note, the petitioner”hasiretiiiedr ‘
from service with effect from 30- l_._Oi–~2_()’O3 put_ ill
in service of 28 years and 10 months] t~'”i:’heli’pe’titionler”‘has_i
taken voluntary retirement”¥1n’d…Claims’that’}1éA”‘iS~entitled r L’
for a sum of Rs. gi.63;,.Q37 /–. respon:dAen_ti§has not
filed any counter and’?/t:l:Le_Ac’lV_aiI%r1 riot”‘-thsilpetitioner has not
been disputed. .«.’Ilherefor—e,. itherepiirs to disbelieve
the claim shows that the
first a sum of Rs.7,035/–
towards _excess..deAd’utction”.’Therefore, it is proper to direct
the. — first ilresitlpondent pay the amount due to the
-lfkccosrdingly, the writ petition is allowed and
the firstihgrespondent is directed to pay a sum of
Rs.6′),vOZ3?/– towards balance of Ex~Gratia/ Gratuity
.arr1’ount and a sum of Rs.7,035/- towards excess amount
‘deducted. The first respondent shall pay the amount with
V.
interest at 6% p.a. from 1–12-2003, as early as possible,
within the outer limit of 6 months. It is made cieaf,’
calculation made by the petitioner is not V’
with the circular, the first responden.t&ca’_r’1 csIc–{11atc._”theVt’v.V Vt
amount and pay it.