KAPINIPATHI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This writ petition is filed by the petitioner seeking the following reliefs:

(2.) It is the case of the petitioner that the petitioner was appointed as peon by the fourth respondent on 1/10/1967 and posted him to work as such in the third respondent - college. The third respondent - college was admitted to grant-in-aid on 10/10/1991. The petitioner having attained the age of superannuation retired from service of third respondent college on 31/7/2004. On 16/5/2005, the petitioner got issued a legal notice calling upon the second respondent to settle his retirement benefits including the pension.

(3.) The respondent No.2 issued an endorsement declined to grant pension to the petitioner on the ground that the petitioner did not render minimum services of 15 years after the college admitted to grant-in-aid vide endorsement dtd. 8/9/2005. The petitioner aggrieved by the endorsement issued by the second respondent filed the writ petition in W.P.No.11582 of 2007 before this court. This Court vide order dtd. 5/1/2011 allowed the writ petition and directed the respondents to re-compute the pensionary benefit by considering the services rendered by the petitioner in the third respondent college from 1/10/1967 till his retirement on 31/7/2004. 3. The respondents did not comply the order passed by the Co-ordinate bench in W.P.No.11582 of 2007. The petitioner initiated the contempt proceedings in CCC No. 333 of 2012 against the respondents. The second respondent submitted proposal to the Accountant General, Karnataka, Bengaluru requesting to pay the pensionary benefits to the petitioner as per the order passed in the aforesaid petition. The petitioner was intimated the grant of pensionary benefit. The petitioner having noticed that the re-computation of pensionary benefits by the respondents is not in accordance with the order passed by this Court in the aforesaid writ petition. Hence, the petitioner filed this writ petition.