G. P. SAROJAMMA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner in this writ petition has sought for a direction by issuance of writ in the nature of mandamus for grant of terminal benefits payable on her retirement on attaining the age superannuation, after having completed 25 years of service in the Government.

(2.) Brief facts leading to filing of the present petition, as borne out from the pleadings are that on 23.03.1982 certain proceedings were initiated by the Taluk Development Board, Sindhanur, Raichur District for appointment of a qualified person to the post of Conductress. Pursuant to the said proceedings, the petitioner was selected to be appointed and was also appointed on 18.05.1982 against a clear vacancy on temporary basis with a pay scale of Rs.280-500 with all other allowances admissible to the petitioner. Subsequent to the appointment of the petitioner, the proceedings were approved by the Chief Executive Officer of the Taluk Development Board Sindhanur as was required by law. It transpires that the petitioner was deputed to work at the Taluk Panchayat office on its formation right from 1987 and was later shifted to Social Welfare Department. After working with the Taluk Development Board, Zilla Panchayat and the Social Welfare Department on the strength of the aforesaid appointment, the petitioner retired on attaining the age of superannuation which was 58 years at that point in time on 31.01.2007.

(3.) By the time the petitioner retired from service, she had completed 25 years of service, which according to the petitioner was regular in the light of the petitioner being appointed pursuant to proceedings drawn up by the Taluk Development Board and its approval by the competent authority. The appointment was against an existing vacancy with a particular pay scale and allowances applicable and being granted to the petitioner.