RAMACHANDRA Vs. GOVERNMENT OF KARNATAKA

JUDGEMENT

(1.) The petitioner, who is a retired Principal is before this Court invoking its jurisdiction under Articles 226 and 227 of the Constitution of India seeking for the following reliefs:

(2.) Heard the learned counsel for the petitioner and the learned AGA appearing for the respondents.

(3.) Facts leading to filing of this petition narrated briefly are; the petitioner who was serving as Principal in the 5th respondent-Institution had retired on attaining the age of superannuation on 31/7/2019. The Management of the respondent-College had forwarded petitioner's papers to the concerned Department for the purpose of settling his pensionary benefits. However, no action was taken by the Competent Authorities regarding settlement of petitioner's pensionary benefits. It is under the circumstances, the petitioner has approached this Court in WP No.148688/2020 which was disposed of on 20/2/2021 with a direction to the respondent Nos.2 and 3 herein to consider the representation of the petitioner, wherein he had sought for pensionary benefits and to pass appropriate orders on the same in accordance with law within a period of two months from the date of receipt of certified copy of the order. It appears that enquiry was held by the 2nd respondent thereafter and a direction was issued to the governing council of the 5th respondent to hold a domestic enquiry against the petitioner regarding his alleged misconduct in sanctioning average grade pay to some of the teachers in the School. Pursuant to the said communication, Annexure-F dtd. 22/5/2023, the impugned endorsement Annexure-E dtd. 29/5/2023 has been issued by the 3rd respondent informing the petitioner that pending proposed enquiry, his representation for settlement of pensionary benefits cannot be considered. Aggrieved by the same, the petitioner is before this Court.