- 1 - NC: 2025:KHC:5686 WP No. 29 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO.29 OF 2024 (S-RES) BETWEEN: SRI.T.M. SHANTHARAJU S/O MAHALINGAIAH AGED ABOUT 61 YEARS R/AT SHALYAVI NILAYA 80 FEET ROAD, 3RD MAIN ROAD MANJUNATHANAGAR, TUMKUR - 572101 …PETITIONER (BY SRI. SATHYA D., ADVOCATE FOR SRI. K. V. NARASIMHAN, ADVOCATE) AND: 1. STATE OF KARNATAKA REPTD. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF SCHOOL EDUCATION AND LITERACY M S BUILDING, 6TH FLOOR DR AMBEDKAR VEEDI, BENGALURU - 560001 2. THE COMMISSIONER DEPARTMENT OF SCHOOL EDUCATION AND LITERACY SHIKSHAKARA BHAVANA NRUPATHUNGA ROAD BENGALURU - 560001 3. DEPUTY DIRECTOR OF PUBLIC INSTRUCTION DEPARTMENT OF SCHOOL EDUCATION AND LITERACY TUMKUR SOUTH, TUMKUR - 572101 Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:5686 WP No. 29 of 2024 4. BLOCK EDUCATION OFFICER DEPARTMENT OF SCHOOL EDUCATION AND LITERACY GUBBI TALUK, TUMKUR DISTRICT - 572216 5. SRI SHARDAMBA MAHILA VIDYA SAMSASTHE REG. SOMALAPURA, GUBBI TALUK TUMKURU DISTRICT - 572216 REPTD. BY ITS SECRETARY REGISTERED AS A SOCIETY UNDER SOCIETIES REGISTRATION ACT 6. THE HEADMASTER SRI SOMESHWARA HIGH SCHOOL SOMALAPURA, GUBBI TALUK TUMKURU DISTRICT - 572216 …RESPONDENTS (BY SRI. V. SHIVAREDDY, ADVOCATE FOR R1 TO R4; SRI. VEERAYYA HIREMATH, ADVOCATE FOR R5; NOTICE TO R6 IS D/W V/O DTD.9.12.2024) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE R-4 AND 5 TO CONSIDER THE REPRESENTATIONS OF THE PETITIONER AT ANNX-J DTD 18.07.2023 ANNX-K DTD 18.07.2023 AND ANNX-L DTD 16.10.2023 AND DIRECT THE R- 5 TO PROCESS THE REQUEST WITHIN A TIME AND SEND THE SAME TO THE R-4 AND R-4 TO RELEASE THE LEAVE ENCASHMENT AND RETIREMENT BENEFIT WITHIN A TIME FRAME. 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:5686 WP No. 29 of 2024 ORAL ORDER The petitioner, a retired Assistant Master of the 5th respondent is before this Court under Article 226 of the Constitution of India, praying for the following reliefs: (a) Issue a writ in the nature of mandamus directing the Respondent No. 4 and 5 to consider the representations of the petitioner at Annexure-J dated 18/7/2023, Annexure-K dated 18/7/2023 and Annexure-L dated 16/10/2023 and direct the 5th respondent to process the request, within a time, and send the same to the 4th respondent and 4th respondent to release the Leave encashment and retirement benefit within a time frame, (b) Grant such other and further reliefs as this Hon'ble Court deems fit in the circumstances of the case and in the interests of equity and justice. 2. Heard Sri. Sathya.D., learned counsel for Sri. K.V.Narasimhan, learned counsel for the petitioner and Sri. V.Shivareddy, learned Additional Government Advocate for respondent Nos.1 to 4 as well as Sri. Veerayya Hiremath, learned counsel for respondent No.5. Perused the writ petition papers. - 4 - NC: 2025:KHC:5686 WP No. 29 of 2024 3. Learned Additional Government Advocate files an affidavit dated 06.02.2025 on behalf of the respondents enclosing six documents, document No.6 is Office Order dated 05.02.2025 passed by the Block Education Officer, where he sanctions earned leave encashment of the petitioner. 4. In view of the sanction of earned leave encashment of the petitioner, the prayer of the petitioner would no more survive for consideration. Learned counsel for the petitioner submitted that he would be entitled for interest on the belated payment of encashment of leave benefit. In that regard, it is open for the petitioner to submit appropriate representation to the appropriate Authority seeking interest. If such representation is made, the respondents to consider the same in accordance with law. In view of the above, writ petition stands disposed off. Sd/- (S.G.PANDIT) JUDGE SMJ List No.: 1 Sl No.: 4