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2026 DAILYLAW 22271 (KAR)

SOMASHEKAR K v. THE DEPUTY COMMISSIONER

WP/449/2026 · 2026-06-17

Jyoti M

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:29692 WP No. 449 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 449 OF 2026 (L-PF) BETWEEN: SOMASHEKAR K., S/O. KRISHNAPPA, AGE 62 YEARS, R/AT NO.1389, KODIGEHALLI, SAHAKARANAGAR, YELAHANKA, BENGALURU-560 092. …PETITIONER (BY SRI. SHEKAR L., ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER, BENGALURU URBAN DISTRICT, BENGALURU-560 001. 2. THE TAHSILDAR, BENGALURU NORTH TALUK, BENGALURU. 3. THE LABOUR OFFICER AND CONTROLLING AUTHORITY, UNDER THE PAYMENT OF GRATUITY ACT, SUB-DIVISION NO.3, KARMIKA BHAVANA, BANNERGHATTA ROAD, BENGALURU-560 073. 4. THE DIRECTOR (S AND V), BMTC, CENTRAL OFFICE, Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:29692 WP No. 449 of 2026 SHANTHINAGAR, K.H.ROAD, BENGALURU-560 027. 5. THE CHIEF ACCOUNTS OFFICER AND FINANCIAL ADVISOR, BMTC, CENTRAL OFFICE, SHANTHINAGAR, K.H.ROAD, BENGALURU-560 027. 6. THE CHIEF LAW OFFICER, BMTC, CENTRAL OFFICE, SHANTHINAGAR, K.H.ROAD, BENGALURU-560 027. 7. THE DIVISIONAL CONTROLLER, BMTC, NORTH ZONE/DIVISION, CENTRAL OFFICE, SHANTHINAGAR, K.H.ROAD, BENGALURU-560 027. …RESPONDENTS (BY SMT. MAMATHA SHETTY, AGA FOR R1 TO R3; SMT. H.R.RENUKA, ADVOCATE FOR R4 TO R7) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.Shekar.L., counsel for the petitioner, Smt.Mamatha Shetty., Additional Government Advocate for respondents 1 to 3 and Smt.H.R.Renuka., counsel for respondents 4 to 7 have appeared in person. - 3 - HC-KAR NC: 2026:KHC:29692 WP No. 449 of 2026 Sri.Somashekar.K., - petitioner is physically present before this Court and he has been duly identified by his counsel Sri.Shekar.L. 2. The petition is filed seeking following reliefs: a) Issue a writ or order in the nature of writ of Mandamus directing the 5th and 7th respondent to pay the difference gratuity amount of Rs.2,08,376/- with 10% interest from 23.08.2022 till the date of deposit and also the interest on delayed payment of gratuity of Rs.2,02,444/- to the petitioner by complying the direction issued by the 3rd respondent Controlling Authority, dated:08.02.2023 as per Annexure-A and; b) Issue a writ or order in the nature of Mandamus directing the 1st respondent to recover the gratuity amount from the 7th respondent in terms of the order passed by the 3rd respondent to pay the difference gratuity and interest on delayed payment of gratuity as per Annexure-A to the petitioner within a period of 15 days; and c) Issue any other appropriate writ, order or direction as this Hon'ble Court may deem fit to grant such further relief, under the facts and circumstances of the case and an order as to costs to meet the ends of justice. 3. Counsel for the respective parties urged several contentions. Heard the arguments and perused the paper with care. - 4 - HC-KAR NC: 2026:KHC:29692 WP No. 449 of 2026 Counsel Smt.H.R.Renuka., on instruction submits that the amount has been deposited by the Corporation before the Controlling Authority. Counsel, therefore, submits that an appropriate order may be passed. 4. Taking note of the said submission, nothing survives for consideration in the present writ petition. Accordingly, the writ petition is disposed of. The petitioner may approach the Controlling Authority for withdrawal of the amount in deposit. SD/- (JYOTI M) JUDGE MRP List No.: 1 Sl No.: 54