- 1 - NC: 2025:KHC:17049 WP No. 11850 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE R. NATARAJ WRIT PETITION NO. 11850 OF 2023 (S-RES) BETWEEN: SRIKANTAIAH L., S/O LATE B. LINGAIAH AGED ABOUT 58 YEARS R/AT K. SHETTY HALLI, VILLAGE, KASABA HOBLI, SRIRANGAPATNA TALUK, MANDYA DISTRICT-571801. …PETITIONER (BY SRI. TRIVIKRAM S., ADVOCATE) AND: 1. STATE OF KARNATAKA REP. BY ITS CHIEF SECRETARY VIDHANA SOUDHA, DR. AMBEDKAR VEEDHI, BENGALURU-560001. 2. THE ACCOUNTANT GENERAL IN KARNATAKA PARK HOUSE ROAD, BENGALURU-560001. 3. THE CEO PANCHAYAT RAJ MADIKERI HAVING OFFICE AT NEAR CHAIN GATE JUNCTION, STUART HILL, MADIKERI, KARNATAKA-571201 4. THE EXECUTIVE ENGINEER RURAL DRINKING WATER AND SANITATION DIVISION HAVING OFFICE AT: MADIKERI KODAGU-571201 Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17049 WP No. 11850 of 2023 5. THE EXECUTIVE ENGINEER PANCHAYAT RAJ ENGINEERING DIVISION HAVING OFFICE AT MADIKERI KODAGU-571201 …RESPONDENTS (BY SRI. H.K.KENCHEGOWDA, ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NOS.1 AND 2; SRI. ACHAPPA P.B., ADVOCATE FOR RESPONDENT NOS.3 TO 5) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT AUTHORITIES TO CONSIDER THE REPRESENTATION FOUND AT ANNEXURE-B MADE BY THE PETITIONER AND FURTHER BE PLEASED TO DIRECT THE RESPONDENT AUTHORITIES TO IMMEDIATELY DISBURSE PETITIONER'S RETIREMENT BENEFITS AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R. NATARAJ ORAL ORDER The petitioner has sought for a writ in the nature of mandamus to direct the respondents to consider his representation for settlement of retirement benefits. 2. The petitioner contends that he was working as an Executive Engineer at Panchayath Raj Engineering Department, Madikeri and retired from service on 31.12.2022. He submitted a representation dated 29.01.2022 requesting the respondent - 3 - NC: 2025:KHC:17049 WP No. 11850 of 2023 No.4 to disburse his retirement benefits. The respondent No.2 addressed a communication to the respondent No.4 and marked a copy thereof to the petitioner, confirming the return of service book of the petitioner. The respondent No.4 thereafter issued a letter dated 21.02.2023 confirming the services of the petitioner and agreed to do the needful for disbursing the retirement benefits. The petitioner contends that despite the above correspondence, the respondents have not taken any decision to release the retirement benefits and therefore, the petitioner is before this Court. 3. The learned counsel for the petitioner submits that the petitioner is entitled to retirement benefits and delay in not granting retirement benefits is acting injurious to him. He therefore, prays that a direction be issued to the respondent Nos.2 and 4 to take necessary steps to release the retirement benefits. 4. The petition is opposed by the respondent Nos.3 to 5 who contends that the petitioner had absented from duty between 18.09.2021 to 19.02.2022 and that he resumed duties as an Executive Engineer of the Rural Water Supply Division on - 4 - NC: 2025:KHC:17049 WP No. 11850 of 2023 19.02.2022 and retired on 31.12.2022 on attaining the age of superannuation. It is contended that there are no records available as to where exactly the petitioner worked between 18.09.2021 and 19.02.2022. It is contended that the petitioner is bound to produce details to establish the place where exactly he worked during the above said period and produce necessary 'No Objection Certificate' and 'No Due Certificate' to process the papers for granting retirement benefits to the petitioner. It is also contended that when the petitioner is the Executive Engineer of Rural Water Supply Division, he being the head of the division had to issue necessary communication to the Accountant General office for clearance of the payment to him from 19.02.2022. However, no correspondence was made from the Rural Water Supply Division to the Accountant General office for release of the salary to the petitioner and therefore, no payment, allowance and pension benefits was cleared. Therefore, it is contended that the petitioner is guilty of dereliction of duty. Hence, it is contended that the petitioner is bound to provide all the details as to where all he worked subsequent to his suspension and also obtain no objection certificate from the concerned departments or divisions where - 5 - NC: 2025:KHC:17049 WP No. 11850 of 2023 the petitioner had worked post the suspension. It is claimed that after the petitioner furnishes 'No Due Certificate' and 'No Objection Certificate', necessary steps would be taken to process the retirement benefits. 5. In response, the learned counsel for the petitioner has placed on record a letter dated 21.02.2023 addressed by the respondent No.5 wherein it is stated that the petitioner was working as an Assistant Engineer attached to the office of Assistant Executive Engineer of the Panchayathraj Engineer, Sub-Division, Madikeri. He therefore contends that the petitioner has not abstained from work, but the respondent No.5 is in possession of all the details as to where exactly the petitioner was working from the day he was suspended from service. 6. The learned Additional Government Advocate for respondent Nos.1 and 2 supported the contentions of learned counsel for the respondent Nos.3 to 5. 7. I have considered the submissions of the learned counsel for the petitioner, learned Additional Government - 6 - NC: 2025:KHC:17049 WP No. 11850 of 2023 Advocate for respondent Nos.1 and 2 as well as the learned counsel for the respondent Nos.3 to 5. 8. It appears that the petitioner was suspended from service on 18.09.2021 and that he had not reported to duty till 19.02.2022. However, he resumed duty as an Executive Engineer of Rural Water Supply Division on 19.02.2022 and retired on 31.12.2022. During the period of suspension, he was directed to report to duty at the office of Chief Engineer, Bengaluru. It is stated by the respondent Nos.3 to 5 that there are no records to establish that the petitioner had reported to duty at the office of Chief Executive Engineer, Bengaluru and therefore, the retirement benefit of the petitioner could not be finalized. 9. If the petitioner is able to establish that as per the directions, he had reported to duty at the office of Chief Executive Engineer, Bengaluru, the respondents are bound to consider the case of the petitioner for sanction and release of the retirement benefits. 10. In that view of the matter, this writ petition is disposed off directing the respondent Nos.2 and 4 to consider - 7 - NC: 2025:KHC:17049 WP No. 11850 of 2023 the case of the petitioner for release of the retirement benefits, if the petitioner produces the document to establish that he had reported to duty at the office of Chief Executive Engineer, Bengaluru and that he worked in the said office till his suspension was revoked. The petitioner shall produce the aforesaid details to the respondent No.4 within a period of one month from the date of receipt of a copy of this order. 11. The respondent Nos.2 and 4 shall consider the same within one month thereafter. If it is not done within time as stated above, the petitioner shall be entitled to interest @ 10% per annum from the date of this order till the date of payment, which shall be recovered from the pay of the officer/s responsible for the delay. Sd/- (R. NATARAJ) JUDGE HJ List No.: 1 Sl No.: 29