- 1 - NC: 2025:KHC:7760 WP No. 17145 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO. 17145 OF 2023 (S-RES) BETWEEN: SRI. M.K. AJJAMPUR S/O LATE A.N. KRISHNAMURTHY, AGED ABOUT 76 YEARS, NO.118/32, FIRST CROSS, FIRST MAIN, RAGHAVENDRA LAYOUT, CHIKKABANAVARA, BANGALORE-560 090. …PETITIONER (BY SRI. NAIK VENKATARAMAN NAGAPPA, ADVOCATE) AND: 1. THE CHAIRMAN BWSSB, CAUVERY BHAVAN, K.G. ROAD, BENGALURU-560 090. 2. THE CHIEF ADMINISTRATIVE OFFICER CUM SECRETARY, BWSSB, 1ST FLOOR, CAUVERY BHAVAN, BENGALURU-560 009. Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:7760 WP No. 17145 of 2023 3. THE ASSISTANT EXECUTIVE ENGINEER, (CENTRAL), BWSSB, CHIKKA LALBAGH, BENGALURU-560 053. …RESPONDENTS (BY SRI. M.S. NARAYAN, ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATION DATED 11.04.2023 AS PER ANNEXURE-N 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 S.G.PANDIT - 3 - NC: 2025:KHC:7760 WP No. 17145 of 2023 ORAL ORDER The petitioner is before this Court under Article 226 of the Constitution of India, praying for the following reliefs: "(a) Issue appropriate writ of mandamus, directing the respondents to consider the representation dated 11.04.2023 as per ANNEXURE-N and ; (b) Direct the respondents to grant the terminal benefits to the petitioner from the date of his resignation to service, w.e.f, from 01.06.1979, including pension at a revised scale, with consequential benefits, Gratuity and DCRG to the petitioner by considering the representation as per ANNEXURE-N." 2. Heard Sri. Naik Venkatraman Nagappa, learned counsel for the petitioner and Sri. M.S.Narayan, learned counsel for the respondents. Perused the entire writ petition papers. 3. Learned counsel for the petitioner states that the petitioner was appointed as Second Division Clerk in the respondent-BWSSB on 05.06.1970. It is stated that in - 4 - NC: 2025:KHC:7760 WP No. 17145 of 2023 the month of May-1979, the petitioner tendered resignation which was accepted by respondent-Board on 01.06.1979. Further, learned counsel submits that before acceptance of the resignation, the petitioner is said to have submitted letter dated 01.08.1979 to withdraw the letter of resignation. Thereafter, the petitioner approached the Authorities for payment of terminal benefits and other benefits which were not paid to the petitioner. In that regard, learned counsel for the petitioner would submit that the petitioner has submitted representation as at Annexure-N dated 11.04.2023 praying for payment of pension and other benefits. 4. Per contra, Sri. M.S.Narayan, learned counsel for the respondents-Board submits that the petition suffers from inordinate delay and latches. Further, he points out that the petitioner was before this Court in W.P.No.51515/2018 with a prayer to direct the respondents to reinstate the petitioner by allowing to withdraw the letter of resignation. The said writ petition was dismissed by order dated 19.11.2020 only on the - 5 - NC: 2025:KHC:7760 WP No. 17145 of 2023 ground of delay and latches. Thus, learned counsel would submit that the present writ petition also to be dismissed only on the ground of delay and latches. Further, learned counsel for the respondents-Board would submit that the request of the petitioner for pensionary benefits and other benefits is rejected in terms of Endorsement dated 10.07.2013 stating that in terms of relevant Rule, a resigned employee would not be entitled for any benefit. It is also submitted that Endorsement is also not under challenge, the petitioner has slept over his right. Thus, learned counsel prays for dismissal of the writ petition. 5. Having heard the learned counsel for the parties and on perusal of the writ petition papers, I am of the view that the petitioner who has resigned from the respondent-Board would not be entitled for any terminal benefits. Moreover, the writ petition suffers from inordinate delay and latches. Petitioner submitted his resignation in the month of May-1979, which was accepted on 01.06.1979 by the respondent-Board. The petitioner is before this Court nearly after 45 years seeking above - 6 - NC: 2025:KHC:7760 WP No. 17145 of 2023 prayer. The petitioner has slept over on his right. Even on the earlier occasion, when the petitioner approached this Court seeking for a direction to reinstate him to Board services, this Court by order dated 19.11.2020 in W.P.No.51515/2018 dismissed the writ petition only on the ground of delay and latches. A person who sleeps over his right would not be entitled for any relief. Accordingly, writ petition stands dismissed only the ground of delay and latches. SD/- (S.G.PANDIT) JUDGE SMJ List No.: 1 Sl No.: 49