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2026 DAILYLAW 46496 (KAR)

SMT. PADMA R v. THE SECRETARY

WP/4335/2025 · 2026-02-02

Anant Ramanath Hegde

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:5833 WP No. 4335 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 4335 OF 2025 (L-PG) BETWEEN: SMT. PADMA R, AGED ABOUT 54 YEARS, D/O LATE RANGAPPA G, RESIDING AT NO. 26, SRI RANGANATHA NILAYA, SRINIVASA TEMPLE STREET, 5TH CROSS, MARUTHI NAGARA, MADIWALA NEW EXTENSION, BENGALURU-560068. …PETITIONER (BY SRI SIDDESWARASWAMY S B, ADVOCATE) AND: 1. THE SECRETARY, DEPARTMENT OF REVENUE, VIKASA SOUDHA, DR. AMBEDKAR VEEDHI, BENGALURU-560 001. 2. THE SECRETARY, DEPARTMENT OF LABOUR, VIKASA SOUDHA, DR. AMBEDKAR VEEDHI, BENGALURU-560 001. 3. THE DEPUTY COMMISSIONER, BENGALURU URBAN DISTRICT, BENGALURU-560 001. 4. THE LABOUR OFFICER, AND CONTROLLING UNDER THE PAYMENT OF GRATUITY Digitally signed by PRAMILA G V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:5833 WP No. 4335 of 2025 AC SUB-DIVISION-06 KARMIKA BHAVAN, BANNERAGHATTA ROAD, BENGALURU-560 073. 5. THE SECRETARY, KIDWAI CANCER DRUG FOUNDATION, KMIO CAMPUS, DR. M H MARIGOWDA ROAD, BENGALURU - 560 029. …RESPONDENTS (BY SRI M RAJAKUMAR, AGA FOR R1 TO R4) THIS WRIT PETITION IS FILED PRAYING TO DIRECTING THE RESPONDENT NO.3 TO CONSIDER THE REPRESENTATIONS DATED 23.07.2024 AND 25.11.2024 VIDE ANNEXURE-H AND J TO THIS WRIT PETITION AND CONSEQUENTLY DIRECT THEM TO RECOVER THE GRATUITY AMOUNT FROM RESPONDENT NO.5 IN TERMS OF THE ORDER PASSED BY RESPONDENT NO.4, DATED 14.07.2023 AT ANNEX-A AND AS WELL AS INTERMS OF CERTIFICATE FOR RECOVERY OF GRATUITY DATED 13.10.2023 AT ANNEX-D IN A SUM OF RS.2,80,779/- WITH 10 PERCENT INTEREST FROM 02.02.2022 TILL THE DATE ACTUAL PAYMENT, UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE - 3 - HC-KAR NC: 2026:KHC:5833 WP No. 4335 of 2025 ORAL ORDER This petition is filed seeking writ of mandamus to consider the representation dated 23.07.2024 and 25.11.2024 marked Annexures-H and J respectively. 2. The petitioner claims that her claim for payment of gratuity is allowed by the Controlling Authority in terms of order dated 14.07.2023. It is submitted that in terms of the said order, the respondent No.5 was directed to pay Rs.2,80,779/- to the petitioner along with 10% interest per annum from 02.02.2022 till the date of payment. It is admitted that there was no appeal against the said order and the petitioner sought a recovery certificate from the Competent Authority. 3. The Competent Authority in terms of Annexure-D has issued the recovery certificate and based on the recovery certificate the petitioner has filed application before respondent No.3-Deputy Commissioner to act in accordance with law and to recover the arrears of gratuity as arrears of land revenue from the respondent No.5. - 4 - HC-KAR NC: 2026:KHC:5833 WP No. 4335 of 2025 4. It is submitted that there is no response to the applications dated 23.07.2024 and 25.11.2024 except issuing notice to Special Tahsildar, Bangalore North in terms of Annexure-G. 5. Learned Government Advocate would submit that appropriate action will be initiated in accordance with law. 6. The Court has considered the contentions raised at the Bar and perused the records. 7. It is forthcoming from the records that there is an order in favour of the petitioner passed by the Controlling Authority directing payment of a gratuity to the petitioner. The direction is issued against respondent No.5. It appears that the payment is not made. Respondent No.5 is not represented before the Court. 8. The Deputy Commissioner has issued the recovery certificate on 13.10.2023. It is not the case of the respondent No.5 that gratuity is paid to the petitioner. - 5 - HC-KAR NC: 2026:KHC:5833 WP No. 4335 of 2025 9. Under these circumstances, the Deputy Commissioner is required to take further steps to recover the amount as arrears of land revenue from the respondent No.5. 10. Hence, the following: ORDER (i) The Writ Petition is allowed. (ii) Respondent No.3 Deputy Commissioner is directed to proceed further in accordance with law to recover statutory payment to the petitioner as arrears of land revenue. (iii) The further proceedings shall be completed as early as possible. Sd/- (ANANT RAMANATH HEGDE) JUDGE GVP List No.: 1 Sl No.: 72