The petitioner is before this Court seeking for the

following reliefs:

a. "Issue

a

writ

of

mandamus

directing

the

respondents to pay all the terminal benefits of the

petitioner which has been accrued to him pursuant

to the order of retirement passed by the

respondent

No.2

dated

31.08.2020

in

No.Na.Pra.Ka./Sibbandhi/8/2003-04/2020-21/938

vide Annexure-J in the interest of justice and

equity.

b. Issue any other writ for order for which the

petitioner found entitled to be awarded."

- 3 -

The grievance of the petitioner is that despite

attaining superannuation on 31.08.2020, his terminal

benefits have not been paid. The petitioner claims to

have been employed by third respondent, Bidar

Urban Development Authority (BUDA) on 01.07.1988

as Assistant Engineer on daily wage basis and on

completion of ten years of service, his services were

regularized on 23.02.1999 by the State Government.

He was transferred on 28.04.2003 from Bidar Urban

Development

Authority

to

Kalaburagi

Urban

Development Authority, where he continued to

render his services until his superannuation.

Though there are various other issues which have

been raised in the above petition, finally, since

petitioner was superannuated on 31.08.2020, in

terms of the order passed by Kalaburagi Urban

Development Authority, the representation was made

for grant of terminal benefits which was not so

- 4 -

granted. As such, the petitioner is before this Court

seeking for the aforesaid reliefs.

There is no dispute as regards the employment of the

petitioner and superannuation. The only dispute

appears to be as to who has to make payment of the

terminal benefits whether it is respondent No.2 or

respondent No.3. This is an internal matter between

respondent No.2 and 3 which needs to be resolved

by the State in terms of the litigation policy of the

State. The statutory authorities cannot on account of

inter se dispute between them, deprive a person who

has worked for the authorities of the terminal

benefits as may be due. As such, I pass the

following:

ORDER

i.

The writ petition is allowed.

ii.

A mandamus is issued directing respondent

No.1 to 3 to consider the representation of

the petitioner as regards the payment of

- 5 -

terminal benefits to the petitioner post his

retirement by respondent No.1 resolving

the dispute between respondent No.2 and

3. It is open for the respondent No.1 to

direct either respondent No.2 or respondent

No.3 to make payment of the terminal

benefits as may be determined.

iii.

The said process to be carried out within a

period of 60 days from the date of receipt

of copy of this order.

Sd/-

JUDGE

VNR

List No.: 1 Sl No.: 0