- 1 - HC-KAR CNR: KAHC010522652025 NC: 2026:KHC:49219-DB WA No. 1332 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF SEPTEMBER, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN WRIT APPEAL NO. 1332 OF 2025 (L-PG) BETWEEN: THE REGIONAL DIRECTOR (FOOD), DEPARTMENT OF FOOD AND PUBLIC DISTRIBUTION, FOOD CORPORATION OF INDIA ZONAL OFFICE, NO.3, HADDOWS ROAD, CHENNAI-06 …APPELLANT (BY SRI. ARAVIND KAMATH, ASG) AND: SHRI.P.LAKSHMANAN, ASST MANAGER (DEPOT), AGED ABOUT 77 YEARS, RETIRED FOOD TRANSFEREE, RAJNI NIVAS, KUNJIMANGALAM, KANNUR DISTRICT, KERALA- 670 309. …RESPONDENT (BY SRI. M.NARAYANA BHAT, ADVOCATE AND SRI. GURURAJA.P.B, ADVOCATE) THIS WRIT APPEAL FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO I) SET ASIDE THE ORDER DATED 18.02.2025, PASSED IN WRIT PETITION No. 25708 OF 2018 AND II) ALLOW THE WRIT PETITION FILED BY THE APPELLANT AND QUASH THE ORDERS PASSED BY THE CONTROLLING AUTHORITY AND THE APPELLATE AUTHORITY DIRECTING THE RESPONDENT OF GRATUITY TO THE RESPONDENT AND ETC., Digitally signed by MALA K N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010522652025 NC: 2026:KHC:49219-DB WA No. 1332 of 2025 THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH AND HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) The present intra Court appeal has been filed impugning the judgment and order dated 18.02.2025 passed by the Writ Court in W.P. No.25708/2018 filed by the appellant against the order dated 02.02.2015 passed by the Controlling Authority under the Payment of Gratuity Act, 1972 (hereinafter referred to as ‘Gratuity Act’ for short) as well as the order dated 31.01.2017 passed by the Appellate Authority on appeal filed against the order passed by the Controlling Authority. 2. The appellant has adopted the Central Civil Service (Pension) Rules, 1972 (hereinafter referred to as ‘CCS Rules, 1972’ for short). The post retirement benefits would be governed under the provisions of CCS Rules, - 3 - HC-KAR CNR: KAHC010522652025 NC: 2026:KHC:49219-DB WA No. 1332 of 2025 1972 the respondent said to have been convicted in an offence and that the appeal against the conviction is pending before the Kerala High Court. 3. On the ground of conviction, the respondent’s gratuity was not released by the appellant. The case of the appellant is that under Rule 69(1)(c) of the CCS Rules, 1972, if a criminal case is pending till conclusion of the said proceedings, gratuity could not be released. The learned Single Judge, however, having considered the provisions of the Gratuity Act has held that the provisions of the Gratuity Act overrides the provisions of CCS Rules, 1972 and therefore, the order passed by the Controlling Authority and Appellate Authority would not require any interference in exercise of powers under Article 227 of the Constitution of India. 4. Section 14 of the Gratuity Act having overriding all other enactments in case of an inconsistency etc., there is a clear inconsistency between the provisions of Rules - 4 - HC-KAR CNR: KAHC010522652025 NC: 2026:KHC:49219-DB WA No. 1332 of 2025 69(2)(c) of CCS Rules, 1972 the Section 14 of the Gratuity Act. 5. Learned single Judge has correctly taken the view that the orders passed by the Controlling Authority and Appellate Authority would not require any interference. We find no error in the impugned judgment and order passed by the learned single Judge in W.P.No.25708/2018 dated 18.02.2025. We, therefore, dismiss this appeal. Sd/- (D K SINGH) JUDGE Sd/- (H.SHANTHI BHUSHAN) JUDGE BVK List No.: 2 Sl No.: 10