A. M. RAJASHEKARAIAH Vs. SECRETARY

JUDGEMENT

(1.) The above Writ Petition is filed seeking for the following reliefs:

(2.) It is the case of the Petitioner that he was selected and appointed as a Physical Education Teacher by Respondent No.4-Kalpatharu Institute of Technology on 19/11/1986 and he retired from service on 31/8/2018. As on the date of retirement, the Petitioner had put in 32 years of continuous service with Respondent No.4 and at the time of retirement, he was working as a Physical Education Director. The last drawn pay of the Petitioner was Rs.44,288.00 and Dearness Allowance was Rs.4,428.00; that after his retirement since the Petitioner was not paid the gratuity amount by the Respondent No.4, he made a representation on 18/9/2018 as also a legal notice dtd. 27/10/2018. Since the gratuity amount was still not paid, the Petitioner filed an application before Respondent No.3 - Controlling Authority seeking for release of gratuity amount together with interest. Respondent No.3 - Controlling Authority vide order dtd. 26/11/2020, partly allowed the application and directed the Respondent No.4 to pay an amount of Rs.8,99,372.00 together with interest @ 10% per annum from 3/11/2018 till the date of deposit.

(3.) Respondent No.4 deposited the amount as ordered by the Controlling Authority and filed an Appeal before the Respondent No.2-Appellate Authority challenging the Order passed by the Controlling Authority. In the Appeal, the primary contention was that, before the Controlling Authority the Principal of the College was arrayed as a party and that the Principal, not having any financial powers, the representative of the Management of the College ought to have been made as a party. In the said appeal an application was also filed by the Appellant therein to bring the necessary party on record. The said application was opposed by the Petitioner by filing objections. However, Respondent No.2 - Appellate Authority vide order dtd. 23/12/2021, allowed the application. Thereafter, vide order dtd. 20/1/2022, allowed the appeal and remanded the matter to the Controlling Authority for fresh adjudication. Being aggrieved, the present Writ Petition is filed.