Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:5834 WP No. 31304 of 2024
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. 31304 OF 2024 (L-PG) BETWEEN:
SMT. ARUNA N, AGED ABOUT 60 YEARS, W/O D KUMAR, RESIDING AT NO. 41, FLAT NO. 283, 6TH A MAIN ROAD, J C NAGARA, KURABARAHALLI, BANGALORE - 560 086. …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 AUTHORITY, UNDER THE PAYMENT OF GRATUITY ACT,
Digitally signed by PRAMILA G V Location:
HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:5834 WP No. 31304 of 2024
SUB DIVISION 01, KSLI BUILDING, MANJUNATHANAGARA, BAGALAGUNTE, BENGALURU - 560 073.
5.
THE PRINCIPAL, M/S FLORANCE HIGH SCHOOL, 3RD STAGE, 3RD BLOCK, BASAVESHWARANGARA, BENGALURU - 560 079.
6.
THE MANAGING TRUST, M/S FLORANCE HIGH SCHOOL, 3RD STAGE, 3RD BLOCK, BASAVESHWARANAGARA, BENGALURU - 560 079. …RESPONDENTS (BY SRI M RAJAKUMAR, AGA FOR R1 TO R4, R5 IS SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE R-3 TO CONSIDER THE REPRESENTATIONS DTD 30.01.2024 AND 24.06.2024 VIDE ANNX-H AND K TO THIS WP AND FURTHER DIRECT THEM TO RECOVER THE GRATUITY AMOUNT FROM R-5 AND 6 IN TERMS OF THE
ORDER PASSED BY THE R-4 DTD 18.01.2019 AND AS WELL IN TERMS OF CERTIFICATE FOR RECOVERY OF GRATUITY DTD 3.12.2023 IN A SUM OF RS.4,08,663/- WITH 10 PERCENT INTEREST FROM 09.03.2016 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
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HC-KAR NC: 2026:KHC:5834 WP No. 31304 of 2024
ORAL ORDER
This petition is filed seeking writ of mandamus to consider the representation dated 30.01.2024 and 24.06.2024 marked Annexures-H and K respectively.
2. The petitioner claims that her claim for payment of gratuity is allowed by the Controlling Authority in terms of
order dated 18.01.2019. It is submitted that in terms of the said order, the respondents No.5 and 6 were directed to pay Rs.4,08,663/- to the petitioner along with 10% interest per annum from 09.03.2016 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 respondents No.5 and 6.
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HC-KAR NC: 2026:KHC:5834 WP No. 31304 of 2024
4. It is submitted that there is no response to the applications dated 30.01.2024 and 24.06.2024 except issuing notice to Special Tahsildar, Bangalore North in terms of Annexure- J.
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 respondents No.5 and 6. It appears that the payment is not made. Respondent No.5 and 6 are not represented before the Court.
8. The Deputy Commissioner has issued the recovery certificate on 17.02.2024. It is not the case of the respondents No.5 and 6 that gratuity is paid to the petitioner.
9. Under these circumstances, the Deputy Commissioner is required to take further steps to recover the
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HC-KAR NC: 2026:KHC:5834 WP No. 31304 of 2024
amount as arrears of land revenue from the Respondents No.5 and 6.
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.: 69