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2023 Supreme(Kar) 568

M. NAGAPRASANNA
Basavegowda S/o. Pavadigowda – Appellant
Versus
State of Karnataka, Department of Primary and Secondary Education Vikasa Soudha Bengaluru – Respondent


Advocates Appeared:
For the Petitioner: Sri Adaveeshaiah B.
For the Respondent: Smt. Navya Shekhar, AGA.

ORDER :

The petitioner is before this Court seeking a direction by issuance of a writ in the nature of mandamus directing the 3rd respondent/Deputy Commissioner, Mandya District to initiate proceedings against respondents 2 and 4 to recover arrears of gratuity.

2. Heard Sri B. Adaveeshaiah, learned counsel appearing for the petitioner and Smt. Navya Shekhar, learned Additional Government Advocate appearing for the respondents.

3. Facts adumbrated are as follows:

The petitioner joins the services of the 4th respondent/ Government High School, G.Malligere, Mandya Taluk and District as a Group-D employee on 18-11-1971. After about 42 years of service, the petitioner retires on attaining the age of superannuation on 31-05-2013. On retirement, the petitioner was not paid complete gratuity which drew him to knock at the doors of the Controlling Authority under the Payment of Gratuity Act, 1972 (‘the Act’ for short). The Controlling Authority, in terms of her order dated 05-03-2015 determines arrears of gratuity to be paid by the State Government to the petitioner at Rs.2,40,449/-. After the said order, the petitioner submits several representations for payment of arrears of gratuity. When no

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