- 1 - NC: 2025:KHC:4639 WP No. 28568 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO. 28568 OF 2023 (S-R) BETWEEN: MRS CATHERINE A W/O SHANTHAPPA RAJU C, AGED ABOUT 60 YEARS, RETIRED ASSISTANT MISTRESS, ST.PETER AND PAUL HIGHER PRIMARY SCHOOL, GORIPALYA, BANGALORE-560018. RESIDING AT NO. 117, NIRMALA MARY NILAYA, 2ND CROSS, 1ST MAIN, KEMPEGOWDA NAGAR, BANGALORE-560 019. …PETITIONER (BY SRI. RAGHAVENDRA G GAYATRI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF PRIMARY AND SECONDARY EDUCATION, M S BUILDING, DR AMBEDKAR VEEDHI, BENGALURU-560 001. 2. THE COMMISSIONER OF PUBLIC INSTRUCTIONS NRUPATHUNGA ROAD, BENGALURU-560001. Digitally signed by REKHA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:4639 WP No. 28568 of 2023 3. THE BLOCK EDUCATION OFFICER SOUTH RANGE II, TULASITHOTA, BANGALORE-560 053. 4. ST.PETER AND PAUL HIGHER PRIMARY SCHOOL ARCH DIOCEAN BOARD OF EDUCATION, REPRESENTED BY ITS SECRETARY. GORIPALYA, BANGALORE-560018. 5. THE PRESIDENT ST.PETER AND PAUL HIGHER PRIMARY SCHOOL, ARCH DIOCEAN BOARD OF EDUCATION, GORIPALYA, BANGALORE-560018. 6. THE HEAD MASTER ST.PETER AND PAUL HIGHER PRIMARY SCHOOL, ARCH DIOCEAN BOARD OF EDUCATION, GORIPALYA, BANGALORE-560018. …RESPONDENTS (BY SRI.B.J.ESHWARAPPA, AGA FOR R1 TO R3, SMT.RANSA VASANTHI.D.L, ADVOCATE FOR R4 TO R6) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENTS TO CONSIDER THE REPRESENTATIONS OF THE PETITIONER DATED 10/06/2023 (ANNEXURE-F), 30/06/2023 (ANNEXURE-G), 3 REPRESENTATIONS DATED 16/06/2023 (ANNEXURE-H, J AND K) AND REPRESENTATION DATED 19/07/2023 (ANNEXURE-O) AND ORDER FOR RELEASE OF THE RETIREMENT BENEFITS LIKE GRATUITY, COMMUTATION, EARNED LEAVE ENCASHMENT, FAMILY BENEFIT FUND, GROUP INSURANCE AND PENSION WITH 12% INTEREST AND COST. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.G.PANDIT - 3 - NC: 2025:KHC:4639 WP No. 28568 of 2023 ORAL ORDER Heard Sri.Raghavendra G.Gayatri, learned counsel for petitioner, Sri.B.J.Eshwarappa, learned Additional Government Advocate for respondent Nos. 1 to 3 and Smt.Ransa Vasanthi D.K, learned counsel for respondent Nos.4 to 6. 2. The petitioner is before this Court under Articles 226 and 227 of the Constitution of India with the following reliefs: "(a) Issue a writ of mandamus or direction, directing the respondents to consider the representations of the petitioner dated 10.06.2023 (Annexure-F), 30.06.2023 (Annexure-G), 3 representations dated 16.06.2023 (Annexures-H, J and K)and representation dated 19.07.2023(Annexure-O) and order for release of the retirement benefits like gratuity, commutation, earned leave encashment, family benefit fund, group insurance and pension with 12% interest and cost. (b) Pass such other order or direction as this Hon'ble Court deems fit in the facts and circumstances of the case, in the interest of justice and equity." - 4 - NC: 2025:KHC:4639 WP No. 28568 of 2023 3. Learned counsel for the petitioner would submit that the petitioner retired as Assistant Mistress from the 6th respondent School on attaining the age of superannuation on 30.06.2023. It is the grievance of the petitioner that pensionary benefits are not settled, due to non forwardal of the proposal from respondent Nos.4 to 6. He submits that in that regard petitioner has submitted representations dated 10.06.2023 (Annexure-F), 30.06.2023 (Annexure-G), 3 representations dated 16.06.2023 (Annexures-H, J and K) and representation dated 19.07.2023 (Annexure-O), requesting for settlement of retirement benefits. But he submits that the respondent-management has failed to forward the proposal to the competent authority. 4. Learned Additional Government Advocate Sri.B.J.Eshwarappa, appearing for respondent Nos.1 to 3 would submit that Block Education Officer has sent memo dated 15.11.2024 (Annexure-R16) asking the respondent management to forward the proposal of the management - 5 - NC: 2025:KHC:4639 WP No. 28568 of 2023 for settlement of petitioner's retirement benefit, but he would submit that till date respondent management has not forwarded the proposal. 5. Smt.Rasna Vasanthi, learned counsel appearing for respondent Nos.4 to 6 would fairly submit that a proposal from the management for settlement of retirement benefit of the petitioner would be forwarded within four weeks. 6. A retired employee/teacher is entitled for settlement of retirement benefit as soon as he/she retires in accordance with service rules applicable to the said employees. In the instant case, the petitioner retired as Assistant Mistress from the respondent - institution on attaining the age of superannuation on 30.06.2023, but till date the petitioner's retirement benefit is not settled. The respondent Nos.4 to 6 are legal obliged to consider the request of the petitioner submitted through representations produced along with writ petition. As respondent Nos.4 to 6 have failed to forward the proposal - 6 - NC: 2025:KHC:4639 WP No. 28568 of 2023 for settlement of retirement benefits of the petitioner, the petitioner would be entitled for writ of mandamus. In the above facts and circumstances, the following: ORDER i) Respondent Nos.4 to 6 are directed to forward the proposal for settlement of retirement benefit of the petitioner to 3rd respondent within one month. ii) On receipt of the proposal from respondent Nos.4 to 6, 3rd respondent shall take appropriate action in accordance with law and forward it to the 2nd respondent. iii) The 2nd respondent shall pass appropriate orders thereafter within two months. iv) Accordingly, writ petition is disposed of. Sd/- (S.G.PANDIT) JUDGE RR List No.: 1 Sl No.: 20