STATE OF KARNATAKA Vs. ABDUL JABBAR

JUDGEMENT

(1.) In this writ petition under Articles 226 and 227 of the Constitution of India, the petitioners have called in question, the order dated 24.4.2010, passed by the 2nd respondent vide Annexure-A and the order dated 22.10.2011, passed by the third respondent, vide Annexure-C. By the impugned order at Annexure A, the 2nd respondent has directed the 2nd petitioner to deposit gratuity of Rs. .1,23,628/- within 30 days. Failing which to pay interest @ 10% p.a. Aggrieved by that, the 2nd petitioner has preferred an appeal before the 3rd respondent. By order dated 22.10.2011, the appeal has been dismissed. Therefore, this writ petition.

(2.) Briefly stated the facts are:

(3.) The learned counsel for the petitioners contended that the respondents 2 and 3 have erred in directing to pay gratuity of Rs. .1,23,628/- from 13.5.76 till 31.12.2007. The service of the 1st respondent has been regularized from 1.1.1990 and therefore, the respondents 2 and 3 were not justified in directing to pay the gratuity from 13.5.1976. He therefore submitted that the impugned orders at Annexures-A and C cannot be sustained in law.