- 1 - HC-KAR CNR: KAHC010071982013 NC: 2026:KHC:45804 WP No. 51846 of 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 51846 OF 2013 (S-RES) BETWEEN: SRI.SAMPATH KUMAR I S/O LATE GUNDU RAO, AGED ABOUT 59 YEARS, RESIDING AT NO.71, ADITHI, 5TH CROSS, MALLAPPA LAYOUT, BABUSA PALYA, KALYAN NAGAR, BENGALURU - 560 043. …PETITIONER (BY SMT. AVANI CHOKSHI, ADVOCATE FOR SRI. A.J.SRINIVASAN, ADVOCATE) AND: 1. VIJAYA BANK REP. BY ITS CHAIRMAN AND MANAGING DIRECTOR, HEAD OFFICE, 41/2, M.G.ROAD, BENGALURU - 560 001. 2. VIJAYA BANK EMPLOYEES GRATUITY FUND REPRESENTED BY THE MANAGING TRUSTEE AND THE EXECUTIVE DIRECTOR VIJAYA BANK, Digitally signed by SHILPABAI S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010071982013 NC: 2026:KHC:45804 WP No. 51846 of 2013 HEAD OFFICE, NO.41/2, M.G.ROAD, BENGALURU - 560 001. 3. VIJAYA BANK STAFF PROVIDENT FUND REPRESENTED BY THE MANAGING TRUSTEE AND THE EXECUTIVE DIRECTOR VIJAYA BANK, HEAD OFFICE, No.41/2, M.G.ROAD, BENGALURU - 560 001. 4. VIJAYA BANK (EMPLOYEES) PENSION FUND REPRESENTED BY THE MANAGING TRUSTEE AND THE EXECUTIVE DIRECTOR VIJAYA BANK, HEAD OFFICE, No.41/2, M.G.ROAD, BENGALURU - 560 001. 5. THE REGIONAL PROVIDENT FUND COMMISSIONER RAJARAM ROY ROAD, BENGALURU - 560 001. 6. BANK OF BARODA REPRESENTED BY ITS MANAGING DIRECTOR AND CHIEF EXECUTIVE OFFICER A BODY CONSITUTED UNDER THE BANKING COMPANIES (ACQUISITION AND TRANSFER OF UNDERTAKINGS) ACT 1970 HAVINGS ITS HEAD OFFICE AT BARODA CORPORATYED CENTRE, C-26, 'G' BLOCK, BANDRA KURLA COMPLEX, BANDRA (E) MUMBAI - 400 051 7. THE GENERAL MANGER BANK OF BARODA, ZONAL OFFICE, No.72, 2ND FLOOR, NITESH LEXINGTON AVENUE, - 3 - HC-KAR CNR: KAHC010071982013 NC: 2026:KHC:45804 WP No. 51846 of 2013 BRIGADE ROAD, BANGALORE - 560 001. …RESPONDENTS (BY SRI. S.R.KAMALACHARAN, ADVOCATE FOR R2 TO R4; SRI. PRADEEP.S.SAWKAR, ADVOCATE FOR SRI. SUNDARSWAMY & RAMDAS FOR R1; SMT. NALINI VENKATESH, ADVOCATE FOR R5 (NOC) SMT B.V.VIDYULATHA, ADVOCATE FOR R5; SMT. SENHA BALAKRISHNA ADVOCATE FOR R6 AND R7) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER HIS REPRESENTATION DT.15.2.2012 AS PER ANNX-B & GRANT HIM REINSTATEMENT AND CONTINUE HIM IN SERVICE TILL HE ATTAINS SUPERANNUATION ON 14.2.2014, OR IN THE ALTERNATIVE TO PAY HIM THE TERMINAL BENEFITS OF GRATUITY, PROVIDENT FUND, PENSION & EX-GRATIA AS PER THE ACT AND SCHEME RESPECTIVELY, COUNTING HIS SERVICE TILL HE LAST ACTUALLY WORKED I.E. 13.2.2012 (INSTEAD OF 30.4.2001 AS ERRONEOUSLY CALCULATED BY THE MANAGEMENT) AND BY TAKING HIS ACTUAL LAST DRAWN SALARY AS ON 13.2.2012 (INSTEAD OF HIS EARLIER SALARY AS ON 30.4.2001, AS ERRONEOUSLY CALCULATED BY THE MANAGEMENT). THIS PETITION, COMING ON FOR HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER The petitioner filed this writ petition seeking for mandamus directing the respondents to consider his representation dated 15.02.2012 vide Annexure-B and grant him reinstatement and continue him in service till he - 4 - HC-KAR CNR: KAHC010071982013 NC: 2026:KHC:45804 WP No. 51846 of 2013 attains superannuation on 14.02.2014 or in the alternative to pay him the terminal benefits of gratuity, provident fund, pension and ex-gratia as per the Act and scheme respectively, counting his service till he last actually worked i.e., 13.02.2012 (instead of 30.04.2001 as erroneously calculated by the management) and by taking his actual last drawn salary as on 13.02.2012. 2. Learned counsel for the respondents that the petitioner has already opted VRS and all terminal benefits have been paid to the petitioner. As the petitioner has already opted VRS, hence, the question of considering the representation vide Annexure-B directing the respondents to reinstate and continuing in service has become redundant. Further, the petitioner has not made any representation to the respondent s to pay the terminal benefits etc. Hence, the writ petition seeking for mandamus directing the respondents to pay the terminal - 5 - HC-KAR CNR: KAHC010071982013 NC: 2026:KHC:45804 WP No. 51846 of 2013 benefits without there being any representation is not maintainable. 3. Accordingly, I proceed to pass the following: ORDER i. The writ petition is disposed of. ii. The liberty is reserved to the petitioner to make representation to the respondents making a request to pay the terminal benefits within a period of 15 days from the date of the receipt of the copy of this order. If such a representation is made, the respondents are directed to consider the representation of the petitioner and pass an appropriate order in accordance with law within a period of one month from the date of receipt of such representation. iii. All the contentions of the parties are kept open. - 6 - HC-KAR CNR: KAHC010071982013 NC: 2026:KHC:45804 WP No. 51846 of 2013 iv. Pending application/s, if any, shall stand disposed of. Sd/- (ASHOK S.KINAGI) JUDGE SSB