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2025 DAILYLAW 74997 (KAR)

SRI. OMKAR MURTHY v. CHIEF COMMISSIONER

WP/19265/2025 · 2025-08-13

H T Narendra Prasad

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:31317 WP No. 19265 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO.19265 OF 2025 (S-RES) BETWEEN: 1. SRI. OMKAR MURTHY, SON OF SRI SHANIKAR SHASTRY, AGED ABOUT 61 YEARS, RESIDING AT NO.28, 1ST CROSS, 8TH MAIN ROAD, ANNAPURNESHWARI NAGAR, NEAR MUDALPALYA, BANGALORE 560 072. …PETITIONER (BY SRI. L.M. CHIDANANDAYYA.,ADVOCATE) AND: 1. CHIEF COMMISSIONER, BRUHAT BANGALORE MAHANAGARA PALIKE, (NOW GREATER BANGALORE), N.R. SQUARE, J.C. ROAD, BANGALORE 560 002. 2. ZONAL JOINT COMMISSIONER, BRUHAT BANGALORE MAHANAGARA PALIKE, IDEAL HOMES, 18TH CROSS, RAJARAJESHWARI NAGAR, BANGALORE 560 098. 3. ASSISTANT REVENUE OFFICER, BRUHAT BANGALORE MAHANAGARA PALIKE, IDEAL HOMES, 18TH CROSS, RAJARAJESHWARI NAGAR, BANGALORE 560 098. …RESPONDENTS (BY SRI. B L SANJEEV, ADVOCATE FOR R-1 TO R-3) Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31317 WP No. 19265 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO (A) CALL FOR THE RECORDS WHICH ULTIMATELY RESULTED IN NOT PAYING THE DCRG, GRATUITY, PAYMENT OF SALARY FOR THE PERIOD OF 4 MONTHS AND THE FIXATION OF PENSION (B) DIRECT THE RESPONDENTS TO PAY DCRG, GRATUITY PAYABLE FOR THE SERVICES RENDERED BY THE PETITIONER TO THE 1 RESPONDENT, AND ETC. THIS PETITION, COMING ON FOR HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER In this writ petition, the petitioner has sought the following reliefs: a) Call for the records which ultimately resulted in not paying the DCRG, Gratuity, payment of salary for the period of 4 months and the fixation of pension; b) Issue an order, direction, writ in the nature of mandamus directing the respondents to pay DCRG, Gratuity payable for the services rendered by the petitioner to the 1st respondent; c) Issue an order, direction, writ in the nature of mandamus directing the respondents to fix the pension of the petitioner keeping in mind the services rendered by the petitioner from 18.03.2000; - 3 - HC-KAR NC: 2025:KHC:31317 WP No. 19265 of 2025 d) Issue an order, direction, writ in the nature of mandamus directing the respondent to pay the salary for a period of 4 months for rendering the services of the petitioner; e) Issue such other relief or reliefs as this Hon’ble Court deems fit in the circumstances of the case in the interest of justice including awarding the cost to the petition.” 2. The case of the petitioner is that he was working as a First Division Assistant in the respondent Corporation. He has retired from the services on 30.06.2024 on attaining superannuation. Even after lapse of one year, the respondents have not settled his DCRG and other retirement benefits and also not paid the salary for the last three months before he retired. Hence, the petitioner has submitted a representation vide Annexure-H dated 23.06.2025. The respondents have not considered the representation submitted by the petitioner vide Annexure-H. Hence, the petitioner is before this Court. 3. The learned counsel for the respondents submitted that if this Court grants some reasonable time, the - 4 - HC-KAR NC: 2025:KHC:31317 WP No. 19265 of 2025 representation submitted by the petitioner vide Annexure-H will be considered in accordance with law. 4. In view of the above, without expressing any opinion on the merits of the case, this writ petition is disposed of. The respondent No.2 is directed to consider the representation submitted by the petitioner vide Annexure-H dated 23.06.2025, in accordance with law, as expeditiously as possible, not later than four months from the date of receipt of certified copy of this order. All the pending applications are disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE MD List No.: 1 Sl No.: 32