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2026 DAILYLAW 13360 (KAR)

SRI PRABHULINGA SWAMY.S.B v. THE STATE OF KARNATAKA

WP/10148/2026 · 2026-04-27

S R Krishna Kumar

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:23444 WP No. 10148 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 10148 OF 2026 (S-R) BETWEEN: 1. SRI. PRABHULINGA SWAMY S.B S/O LATE BASAVARAJAPPA.S AGED ABOUT 67 YEARS RETIRED ASSISTANT TEACHER NALANDA HIGH SCHOOL, BEEMASANDRA, TUMAKUR TALUK AND DISTRICT PRESENTLY R/AT SIDDAPPANAPALYA AREYUR POST, TUMAKUR TALUK AND DISTRICT. 2. SRI. RAJU A.R. S/O LATE H. RANGAPPA AGED ABOUT 68 YEARS RETIRED ASSISTANT TEACHER NALANDA HIGH SCHOOL BEEMASANDRA, TUMAKUR TALUK AND DISTRICT. PRESENTLY R/AT SUMUKHA NILYA KRISHNANAGARA 4TH CROSS BADDIHALLI MAIN ROAD KATHYASANDRA, TUMKUR - 572 104. …PETITIONERS (BY SRI. THYAGARAJA S, ADVOCATE) AND: Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:23444 WP No. 10148 of 2026 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF SCHOOL EDUCATION AND LITERACY, M.S BUILDING BENGALURU - 560 010. 2. THE COMMISSIONER DEPARTMENT OF SCHOOL EDUCATION AND LITERACY NRUPATHUNGA ROAD BANGALORE - 560 001. 3. THE DIRECTOR (SECONDARY EDUCATION) DEPARTMENT OF SCHOOL EDUCATION, NRUPATHUNGA ROAD, BANGALORE - 560 001. 4. THE DEPUTY DIRECTOR DEPARTMENT OF SCHOOL EDUCATION TUMKUR DISTRICT, TUMKUR - 572 101. 5. THE BLOCK EDUCATION OFFICER TUMKUR TALUK, TUMKUR - 572 101. 6. THE SECRETARY NALANDA EDUCATION SOCIETY (R) 'MATHRUSHREE NILAYA', 3RD CROSS GIRINAGARA NEW EXTENSION BEHIND VIDYA VAHINI COLLEGE BADDIHALLI, KATHYASANDRA TUMKUR - 572 104. …RESPONDENTS - 3 - HC-KAR NC: 2026:KHC:23444 WP No. 10148 of 2026 (BY SRI. G. RAMESH NAIK, AGA FOR R1 TO R5; VIDE ORDER DATED 27.04.2026, NOTICE TO R6 IS DISPENSED WITH) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE 2ND RESPONDENT TO TAKE EFFECTIVE AND NECESSARY STEPS TO SANCTION, RELEASE AND PAY THE RETIREMENT BENEFIT OF SURRENDER LEAVE ENCASHMENT PAYABLE TO THE PETITIONERS FORTHWITH ALONG WITH INTEREST AT THE RATE OF 16 PERCENT PER ANNUM FROM THE DATE OF RETIREMENT OF PETITIONERS FROM SERVICE TILL THE DATE OF REALIZATION OF THAT AMOUNT BY CONSIDERING AND DISPOSING OFF THE REPRESENTATION DATED 21-08-2023 VIDE ANNEXURE-Z MADE BY THE PETITIONERS AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioners have sought for the following reliefs: “(i) Issue a writ of Mandamus, directing the 2nd respondent to take effective and necessary steps to sanction, release and pay the retirement benefit of surrender leave encashment payable to the petitioners forthwith along with interest at the rate of 16% per annum from the date of retirement of petitioners from service till the date of - 4 - HC-KAR NC: 2026:KHC:23444 WP No. 10148 of 2026 realization of that amount by considering and disposing off the representation dated 21-08-2023 vide Annexure-Z made by the petitioners, (ii) Issue such other orders, directions as deemed fit in the circumstance of the case and allow this petition with exemplary costs, in the interest of justice.” 2. Heard learned counsel for the petitioners and learned AGA for respondent Nos.1 to 5 and perused the material on record. 3. It is the grievance of the petitioners that their representations dated 04.11.2019, 04.11.2019, 04.11.2019, 04.11.2019, 18.02.2019, 26.02.2019, 12.12.2019, 27.02.2019, 24.09.2019, 30.07.2019, 21.08.2023 at Annexure -C, E, H, J, N, P, Q, R, S, T, Z respectively submitted to the respondents has not been considered so far by them nor any order has been passed on the same. Under these circumstances, the petitioners are before this Court by way of the present petition. 4. Per contra, learned counsel for the respondent/s submits that if reasonable time is given, they would consider and pass necessary order on the said representations. - 5 - HC-KAR NC: 2026:KHC:23444 WP No. 10148 of 2026 5. In view of the aforesaid facts and circumstances and rival submissions, the respondents are hereby directed to address the grievances of the petitioners and consider their representations dated 04.11.2019, 04.11.2019, 04.11.2019, 04.11.2019, 18.02.2019, 26.02.2019, 12.12.2019, 27.02.2019, 24.09.2019, 30.07.2019, 21.08.2023 at Annexure -C, E, H, J, N, P, Q, R, S, T, Z respectively and pass appropriate order / take appropriate decision in accordance with law, within a period of three months from the date of receipt of a copy of this order. 6. With the aforesaid directions, the petition stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE BH List No.: 1 Sl No.: 11