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2023 Supreme(Kar) 899

M. NAGAPRASANNA
Babu S/o Shankarappa Mukkannvar – Appellant
Versus
Union Of India – Respondent


Advocate Appeared:
For the Appellant :SRI. RAMESH .I. ZIRALI & SRI. SHIVARAJ .S. BALLOLI, ADVOCATES
For the Respondent:SRI. M.B. KANAVI, SRI. V.S. KALASURMATH, SRI. MALLIKARJUNSWAMY B. HIREMATH, ADVOCATE

ORDER :

1. The petitioner is before this Court seeking a direction by issuance of a writ in the nature of mandamus, directing the respondents to pay gratuity, which is left unpaid to the tune Rs.4,09,550/-along with interest from the date it fell due-30.09.2007.

2. Heard the learned counsel Sri. Ramesh I. Zirali and Sri. Shivaraj S. Balloli appearing for the petitioner, the learned CGSC Sri. M.B. Kanavi appearing for respondent No.1-Union of India and the learned High Court Government Pleader Sri. V.S. Kalasurmath appearing for respondent Nos.2 to 5 and 7 and learned counsel Sri. Mallikarjunsamy B. Hiremath appearing for respondent No.6.

3. Facts in brief germane are as follows:

The petitioner is appointed a First Division Clerk at the Postpartum Centre attached to the Jawarharlal Nehru Medical College, Belgaum on 01.12.1973. After completing 34 years of service, the petitioner retires on attaining the age of superannuation. There were several proceedings in the interregnum i.e. between the date of entry of service of the petitioner and his retirement, which are not germane to be noticed. After the retirement, the petitioner was to have been paid gratuity in terms of The Payment of Gra

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