Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:47869-DB WP No. 33551 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MS. JUSTICE TARA VITASTA GANJU
WRIT PETITION NO. 33551 OF 2024 (S-KSAT)
BETWEEN:
1. SRI S V KUMAR S/O. LATE M. SANJEEVRAO, AGED ABOUT 63 YEARS, RETIRED AS JOINT DIRECTOR OF SERICULTURE, RESIDING AT NO. 22, 2ND CROSS, KANAKANAGARA, R. T. NAGAR POST, BANGALORE - 560 032.
…PETITIONER (BY SRI. SATISH K., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HORTICULTURE AND SERICULTURE (SERICULTURE) M. S. BUILDING, BANGALORE - 560 001.
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HC-KAR NC: 2025:KHC:47869-DB WP No. 33551 of 2024
2. THE COMMISSIONER FOR SERICULTURE DEVELOPMENT AND DIRECTOR OF SERICULTURE, M. S. BUILDING, BANGALORE - 560 001.
3. THE PRINCIPAL ACCOUNTANT GENERAL (A AND E), PARK HOUSE ROAD, P B NO. 5329, BANGALORE 560 001.
…RESPONDENTS (BY SRI. G.S.ARUNA, HCGP)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS FROM THE HON'BLE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL IN RESPECT OF THE IMPUGNED
ORDER DATED 28.11.2024 PASSED IN APPLICATION No. 4149/2024 (ANNEXURE-A), ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MS. JUSTICE TARA VITASTA GANJU
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HC-KAR NC: 2025:KHC:47869-DB WP No. 33551 of 2024
ORAL ORDER
(PER: HON'BLE MR. JUSTICE D K SINGH)
The petitioner is a retired employee of the Department of Sericulture. He demitted the office on 31.05.2021 on attaining the age of superannuation. Prior to retirement, the petitioner was served with suspension
order and charge memo dated 28.05.2021.
2. The petitioner, being aggrieved by the order of suspension and the charge memo, filed an application before the Karnataka State Administrative Tribunal (for short 'the KSAT') in Application Nos.1918 to 1920/2021. The said applications came to be allowed by the KSAT vide
judgment and order dated 29.06.2021. The order of suspension as well as the charge memo dated 28.05.2021 were set aside and a direction was given to the concerned authorities to settle all the pensionary benefits of the petitioner within a period of four months from the date of its judgment.
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HC-KAR NC: 2025:KHC:47869-DB WP No. 33551 of 2024
3. The respondent-State, being aggrieved by the said judgment and order passed by the KSAT, filed W.P.No.19015/2022. The said petition came to be dismissed on 12.10.2022. After dismissal of the petition filed by the State, the petitioner has been paid DCRG on
30.09.2023.
4. The present writ petition has been filed by the petitioner claiming interest for the delayed payment of DCRG, despite the order passed by the KSAT on
29.06.2021.
5. We have considered the submissions of the
learned counsel for the parties.
6. The DCRG has to be paid within a period of one month from the date of retirement of an employee. The petitioner was not paid DCRG inasmuch as he was placed under suspension and a charge memo was issued three days prior to the date of retirement. The petitioner was successful in challenging the charge memo and the
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HC-KAR NC: 2025:KHC:47869-DB WP No. 33551 of 2024
suspension order, and the KSAT had set aside the charge memo and the suspension order vide its judgment and
order dated 29.06.2021 passed in Application Nos.1918 to 1920/2021 with a direction to pay the retirement dues of the petitioner within a period of four months from the date of receipt of copy of the judgment and order dated
29.06.2021.
7. As the State has been unsuccessful in challenging the judgment and order passed by the KSAT, we are of the considered view that the petitioner is entitled to payment of interest on DCRG from 01.11.2021 till 30.09.2023. Accordingly, we proceed to pass the following:
ORDER
i. Writ petition is allowed.
ii. The impugned order dated 28.11.2024 passed in Application No.4149/2024 by the KSAT is set aside.
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HC-KAR NC: 2025:KHC:47869-DB WP No. 33551 of 2024
iii. The respondent - Authorities to pay interest at 6% per annum to the petitioner on delayed payment of DCRG from 01.11.2021 to 30.09.2023. The said interest to be paid within a period of two months. iv. Any interest already paid shall be deducted.
(D K SINGH) JUDGE
(TARA VITASTA GANJU) JUDGE
RKA List No.: 1 Sl No.: 35
Digitally signed by DINESH KUMAR SINGH Location: HIGH COURT OF KARNATAKA Digitally signed by TARA VITASTA GANJU Location: HIGH COURT OF KARNTAKA