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2006 Supreme(Kar) 877

R. GURURAJAN
M. P. CHINNAPPA – Appellant
Versus
ACCOUNTANT GENERAL (A AND E), BANGALORE – Respondent


Advocates:
Dhyan Chinnappa Duo,Sri R.Y. Hadagali P. Nair,Sri Udaya Holla,Sri R.K Hatti,Sri Shivaprabhu Hiremath,Sri Devhadass

ORDER

Three former Judges of this Court are seeking a writ of declaration declaring that the Karnataka Civil Services Rules read with Government Order No. FD (Spl.) 1 Pet 99, Bangalore, dated 5-2-1999 (Annexure-G) insofar as it limits the gratuity payable to the petitioners to Rs. 2,50,000/- as unconstitutional and illegal. The seek for a direction for a maximum gratuity of Rs. 3,50,000/- in the case on hand. All the three petitioners before elevation have worked as District and Sessions Judges in various places. They were initially elevated as Additional Judges of his Court and thereafter they were made permanent in terms of the averments made in the writ petition. All the three Judges have attained the age of superannuation and now they have retired from the office as a Judge of this Court. While fixing the pension, the respondents have chosen to take into consideration the maximum ceiling of Rs. 2,50,000/- in respect of gratuity in terms of the Government Order dated 15-2-1999. According to the petitioners sub-rule (3) of Rule 19 of the Central Rules, the maximum gratuity payable is Rs. 3,50,000/- and the same is not made over. They would say that the Judges elevated from the Ba

















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