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2025 DAILYLAW 87878 (KAR)

KARNATAKA HANDLOOM DEVELOPMENT CORPORATION RETIRED EMPLOYEES WELFARE ASSOCIATION (R) v. THE STATE OF KARNATAKA

WP/3972/2025 · 2025-07-24

H T Narendra Prasad

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:28211 WP No. 3972 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 3972 OF 2025 (S-R) BETWEEN: 1. KARNATAKA HANDLOOM DEVELOPMENT CORPORATION RETIRED EMPLOYEES WELFARE ASSOCIATION (R) NO. 111, 3RD E CROSS NETHAJINAGAR, NEAR JALAHALLI CROSS BENGALURU-560 057 RPT BY ITS JOINT SECRETARY B.S. GURUSWAMY S/O SHIVABASAPPA AGED ABOUT 68 YEARS DELETED V/O DATED: 21.02.2025. 2. S. K. PATIL S/O KALLAPPA AGED ABOUT 69 YEARS R/AT BEHIND RAGHAVENDRA SWAMY TEMPLE, PADAKOTE GALLI, RAMADURGA BELAGAVI DISTRICT. 3. K. VENKOBA RAO S/O KRISHNOJI RAO AGED ABOUT 66 YEARS R/AT NO.42, 5TH CROSS Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:28211 WP No. 3972 of 2025 K.R. ROAD, 7TH BLOCK WEST JAYANAGAR, BENGALURU-560 070. 4. P. SELVARAJ S/O PONNAPPA N AGED ABOUT 64 YEARS R/AT NO.173, 5TH CROSS 1ST MAIN ROAD, SOUTH AVENUE LAYOUT GOTTIGERE, BENGALURU-560 083. 5. M. NARAYANA S/O MUNIVENKATASWAMY NAIDU AGED ABOUT 64 YEARS R/AT NO. 36/37, 4TH CROSS 4TH MAIN, MADIDURAMMA LAYOUT V.N.POST, BENGALURU-560 091. …PETITIONERS (BY SRI. SUNDARESH H C., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS PRINCIPLE SECRETARY DEPARTMENT OF COMMERCE AND INDUSTRIES,VIKASA SOUDHA BANGALORE- 560 001. 2. MANAGING DIRECTOR KARNATAKA HANDLOOM DEVELOPMENT CORPORATION LTD., HEAD OFFICE PRIYADARSHINI NEKARA COLONY VIDYANAGAR, HUBBALLI- 580 031. …RESPONDENTS (BY SRI. VIKAS ROJIPURA, AGA FOR R1: SRI D NAGARAJ, ADVOCATE FOR R2) - 3 - HC-KAR NC: 2025:KHC:28211 WP No. 3972 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE 2ND RESPONDENTS TO CONSIDER THE REPRESENTATION DATED 10-01-2020, 21-05-2022 AND 14-11-2024 FILED BY THE 1ST PETITIONER BEFORE THE 2ND RESPONDENT AND REPRESENTATION FILED BY THE PETITIONER NO.2 TO 5 BEFORE THE 2ND RESPONDENT AS PER ANNEXURE-E AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HERAING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. In this writ petition, the petitioners have sought for the following reliefs: a) Issue writ in the nature of mandamus directing the 2nd respondent to consider the representation dated 10-01-2020, 21-05-2022 and 14-11-2024 filed by the 1st petitioner before the 2nd respondent and the representation filed by the petitioner No.2 to 5 before the 2nd respondent as per Annexure-E, E1 & E2 and F, F1 to F3 respectively for payment of interest for delay in settlement of earned leave - 4 - HC-KAR NC: 2025:KHC:28211 WP No. 3972 of 2025 salary as per the Government Order dated 21.08.2003 as per Annexure-D and also as per the order passed by the this Court in W.P.No.50972/2019 and other connected matters disposed on 07.12.2021 as per Annexure-H. b) Pass such other order or direction as this Hon’ble Court deems fit on the fact and circumstances of the case in the interest of justice and equity. 2. The case of the petitioners is that they are retired employees of the respondent No.2, Corporation. After their retirement, there was delay in settlement of their terminal benefits such as gratuity, earned leave salary and Death Relief Fund. For the delayed period, the respondents have not paid interest as per the Government Order. Therefore, some of the similarly situated employees had approached this Court in W.P.No.50972/2019 and connected matters. This Court by order dated 07.12.2021 disposed of the writ petitions and directed the respondent No.2 to pay interest on the belated settlement of earned leave encashment benefit to the petitioners in accordance with the - 5 - HC-KAR NC: 2025:KHC:28211 WP No. 3972 of 2025 Government Order dated 21.08.2003. Therefore, the petitioners herein submitted representations to the respondent No.2 vide Annexure-F series seeking similar relief. Since the respondent No.2 has not taken any action on the representations, the petitioners are before this Court. 3. The learned counsel appearing for the respondent No.2-Corporation submits that if this Court grants some reasonable time, the representations submitted by the petitioners will be considered in accordance with law. 4. In view of the above, the writ petition is disposed of. 5. The respondent No.2 is directed to consider the representations submitted by the petitioners vide Annexure-F series, in accordance with law, and also taking into consideration the order passed by this Court in W.P.No.50972/2019 and connected matters disposed of - 6 - HC-KAR NC: 2025:KHC:28211 WP No. 3972 of 2025 07.12.2021, within three months from the date of receipt of the certified copy of this order. All pending I.As, if any, are disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM LIST NO.: 1 SL NO.: 63