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2025 DAILYLAW 76051 (KAR)

SRI K H SRIKAR v. THE COMMISSIONER

WP/4541/2025 · 2025-10-10

Ashok S Kinagi

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:40036 WP No. 4541 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 4541 OF 2025 (S-R) BETWEEN: SRI K H SRIKAR S/O SRI. H.D HANUMANTHAPPA AGED ABOUT 61 YEARS, RETD. ASSISTANT EXECUTIVE ENGINEER DAVANGERE HARIHAR URBAN DEVELOPMENT AUTHORITY, NOW RESIDING AT NO. 160, S. NIJALINGAPPA LAYOUT. BEHIND KUWS&DB OFFICE, DAVANAGERE - 577 004. …PETITIONER (BY SRI. RANGANATHA S JOIS., ADVOCATE SRI. S.Y. RODAGI, ADVOCATE) AND: 1. THE COMMISSIONER Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:40036 WP No. 4541 of 2025 DAVANGERE-HARIHAR URBAN DEVELOPMENT AUTHORITY, DAVANAGERE- 577 001, DISTRICT DAVANAGERE. …RESPONDENT (BY SRI. VIVEKANANDA T P.,ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT TO RELEASE THE LEAVE ENCASHMENT AMOUNT OF RS. 10,09,610/- PAYABLE TO THE PETITIONER ALONG WITH THE AMOUNT OF RS. 47,000 WRONGLY WITHHELD AS RECOVERY FROM SALARY AND ALSO INTEREST ON ALL THE RETIREMENT BENEFITS NAMELY LEAVE ENCASHMENT, DCRG, COMMUTED PENSION TOTAL RS. 25,63,343/- FROM THE DATE IT WAS DUE TO THE PETITIONER ON THE DATE OF RETIREMENT TILL THE DATE OF ACTUAL PAYMENT AS PER THE GOVERNMENT ORDERS AND THE JUDGEMENT OF THIS HON'BLE COURT AS EXPEDITIOUSLY AS POSSIBLE WITHOUT FURTHER LOSS OF TIME. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:40036 WP No. 4541 of 2025 CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER This writ petition is filed seeking for a mandamus directing the respondent to release the leave encashment amount of ₹10,09,610/-. 2. The respondent filed a memo stating that the respondent considered the representation for disbursement of earned leave encashment and issued an endorsement dated 22.09.2025. In view of the issuance of endorsement, the prayer made in the writ petition does not survive for consideration. 3. Memo is placed on record. 4. Accordingly, the writ petition is disposed of as having become infructuous. 5. Liberty is reserved to the petitioner to challenge the endorsement dated 22.09.2025, if so advised. [[ Sd/- (ASHOK S.KINAGI) JUDGE SKS