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    SMT H K SEETHALAXMI v. STATE OF KARNATAKA

    1

    IN THE HIGH COURT OF KARNATAKA AT BENGALURU

    DATED THIS THE 07THDAY OF APRIL, 2022

    BEFORE

    THE HON' BLE MR.JUSTICE R DEVDAS

    WRIT PETITION NO.22404 OF 2021 (S-RES)

    BETWEEN

    SMT.H K SEETHALAXMI

    W/O SHRI B.S.CHANDRAMOHAN

    AGED ABOUT 62 YEARS

    RESIDING AT SWASTIK

    APPAYYA SWAMY ROAD

    VIRAJPET, KODAGU DISTRICT 571218

    ... PETITIONER

    (BY SRI. SUBRAMANYA BHAT, ADVOCATE)

    AND

    1. STATE OF KARNATAKA

    REP. BY SECRETARY TO GOVERNMENT

    DEPARTMENT OF EDUCATION

    (COLLEGIATE EDUCATION)

    M.S.BUILDING, BANGALORE-560001

    2. PRINCIPAL ACCOUNTANT GENENRAL (A&E) KARNATAKA P B NO.5329/5369) PARK HOUSE ROAD, BANGALORE-01

    3. SENIOR ACCOUNTS OFFICER

    OFFICE OF PRNCIPAL ACCOUNTANT

    GENERAL (A & E)

    KARNATKAA, P B NO.5329/5369

    PARK HOUSE ROAD, BANGLAORE 01

    2

    4. THE PRINCIPAL

    CAUVERY COLLEGE

    GONIKOPPAL 571213

    COORG DISTRICT …RESPONDENTS

    (BY SMT. M.C. NAGASHREE, AGA FOR R1 TO R3)

    THIS WRIT PETITION IS FILED UNDER ARTICLE 226

    OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR

    THE RECORDS PERTAINING TO THE SELECTION AND

    APPOINTMENT OF THE PETITIONER AND ETC.

    THIS WRIT PETITION COMING ON FOR ORDERS,

    THIS DAY, THE COURT MADE THE FOLLOWING:

    ORDER

    R.DEVDAS J., (ORAL):

    The petitioner who was initially appointed as Clerk-cum-Typist, retired on attainment of the age of superannuation from the 4threspondent-institution on 31.05.2020 as First Division Assistant. The petitioner has approached this Court seeking a writ of mandamus or direction directing the respondent to release the retiral benefits payable to the petitioner

    3

    such as monthly pension, commutation of pension, DCRG, Earned Leave Encashment etc.,

    2. During the course of these proceedings, learned AGA submitted that the Accountant General's Office has processed the recommendation of the 4th respondent-institution and the pensionary benefits of the petitioner will be determined and paid to the petitioner. Today, the learned AGA has furnished a copy of the communication dated 14.03.2022 made by the Accounts Officer of the Office of the Accountant General to the Commissioner of Collegiate Education stating that the pensionary claims have been finalized and the details of the pensionary benefits payable to the petitioner, along with the service register are returned to the department.

    3. Learned counsel for the petitioner submits that in case of delay in payment of the pensionary benefits, the law is very clear even in terms of the Government Order that interest is payable from the

    4

    date of expiry of the time limit mentioned in the Government Order up to last date of the month preceding the month of payment/settlement. The order in reference is considered by the Hon'ble Division Bench in case of THE CHAIRMAN, BOARD

    OF MANAGEMENT, K.L.E. SOCIETY, BELGAUM

    AND ANOTHER /VS./STATE OF KARNATAKA AND OTHERS - 2005(4) Kar.L.J. 233.

    4. It is seen that the Hon'ble Division Bench considered the Government Order dated 13.09.1994, where it is provided that for the delayed payment interest at the rate of 12% p.a., is required to be paid. However, learned AGA submits that by a subsequent Government Order dated 21.08.2003, the percentage of interest has been reduced to 8%.

    5. Consequently, this writ petition stands

    disposed of with a direction to the respondent- authorities to disburse the pensionary benefits and all

    5

    other benefits which are payable to the petitioner as expeditiously as possible and at any rate within a period of six weeks from the date of receipt of certified copy of this order. For the delayed period, interest at the rate of 8% in terms of the Government Order dated 21.08.2003 shall also be paid to the petitioner.

    Ordered accordingly.

    Sd/-

    JUDGE

    KLY

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    SMT H K SEETHALAXMI v. STATE OF KARNATAKA
    (Apr 7, 2022)