T B BASAVARAJU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) PETITIONER , having retired from the services of the respondent State of Karnataka, Department of Primary and Secondary Education, with effect from 30.4.2008 was not paid terminal benefits, resulting in filing WP No. 9667/2011, which was disposed of on 28.9.2011 Annexure -A, with a direction to the respondents to complete the enquiry pending against the petitioner within three months. In compliance with the said directions, the respondents is said to have completed the enquiry and passed two orders one dated 13.6.2012 Annexure -C and the other dated 11.7.2012 Annexure -D, where under, the fixing of the salary for pensionary benefits was by denying increments for the period from 2001 to 2003 and 2006 to 2008.

(2.) IT is the assertion of the petitioner that he had to his credit 184 days of earned leave entitling him to about Rs. 1 lakh and though he did not receive any encashment, nevertheless, the 2nd respondent is said to have stated that there was no leave to his credit, since encashed.

(3.) IT is the further assertion of the petitioner that when absolved of charges, retirement benefit was not made available immediately hence the representation dated 21.7.2012 Annexure -F. In the absence of a response, petitioner is said to have got issued a notice dated 18.8.2012 Annexure -G through legal Counsel. In the meanwhile, petitioner having received the order dated 16.9.2008 Annexure -H, denying him increments, noticed supra, for alleged unauthorized absence, filed an appeal Annexure -J, which was dismissed by order dated 12.10.2011 Annexure -K. Hence this petition to quash the order dated 11.7.2012 Annexure -D and the order dated 12.10.2011 Annexure -K, in an appeal, as well as writ of mandamus to direct the respondents to consider petitioner's representation Annexure -E and settle the retirement benefits together with interest from the date of retirement.