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IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH

DATED THIS THE 8^TH DAY OF MARCH, 2021

BEFORE

THE HON’BLE MR.JUSTICE M.NAGAPRASANNA

WRIT PETITION No.80646/2011 (S-R)

Between:

Smt. G.P. Sarojamma

W/o Narsingh

Aged about 61 years

Occ: Retired Conductress

R/at C/o G.N. Chavan Eligere Oni

Lingasugur Taluk, Raichur District

... Petitioner

(By Sri Deepak V. Barad, Advocate for

Sri Chaitanyakumar C.M., Advocate)

And:

1. The State of Karnataka

Represented by its Secretary

Department of Personnel &

Administrative Reforms

Vidhana Soudha, Bangalore-560001

2. The Chief Executive Officer

Taluk Development Board

Sindhanur, Raichur District

R

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3. The Executive Officer

Taluk Panchayath

Lingasugur Taluk

Raichur District.

4. The Chief Executive Officer

Zilla Panchayath, Raichur

5. The Accountant General

in Karnataka, Residency

Park Road, Bangalore-560001

... Respondents

(By Sri Shivakumar R. Tengli, AGA for R1;

Sri Ameet Kumar Deshpande, Advocate for R3 & R4;

Notice to R2 & R5 dispensed with

v/o dated 25.05.2011)

This Writ Petition is filed under Articles 226 and

227 of the Constitution of India praying to direct the

respondents

to

grant/sanction

the

retirement-

benefits/pensionary-benefits payable to the petitioner,

with

interest

thereon

at

12%

per

annum

from

31.01.2007 till the date of payment, making available to

her all the financial benefits emanating there from

without brooking any further delay in the matter, for

which the petitioner is entitled to and etc.

This petition coming on for Preliminary Hearing in

'B' Group, this day, the Court made the following:-

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O R D E R

The petitioner in this writ petition has sought for

a direction by issuance of writ in the nature of

mandamus for grant of terminal benefits payable on

her retirement on attaining the age superannuation,

after having completed 25 years of service in the

Government.

2. Brief facts leading to filing of the present

petition, as borne out from the pleadings are that on

23.03.1982 certain proceedings were initiated by the

Taluk Development Board, Sindhanur, Raichur District

for appointment of a qualified person to the post of

Conductress. Pursuant to the said proceedings, the

petitioner was selected to be appointed and was also

appointed on 18.05.1982 against a clear vacancy on

temporary basis with a pay scale of Rs.280-500 with

all other allowances admissible to the petitioner.

Subsequent to the appointment of the petitioner, the

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proceedings were approved by the Chief Executive

Officer of the Taluk Development Board Sindhanur as

was required by law. It transpires that the petitioner

was deputed to work at the Taluk Panchayat office on

its formation right from 1987 and was later shifted to

Social Welfare Department. After working with the

Taluk Development Board, Zilla Panchayat and the

Social Welfare Department on the strength of the

aforesaid appointment, the petitioner retired on

attaining the age of superannuation which was 58

years at that point in time on 31.01.2007.

3. By the time the petitioner retired from

service, she had completed 25 years of service, which

according to the petitioner was regular in the light of

the

petitioner

being

appointed

pursuant

to

proceedings drawn up by the Taluk Development

Board and its approval by the competent authority.

The appointment was against an existing vacancy with

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a particular pay scale and allowances applicable and

being granted to the petitioner.

4. It is also the case of the petitioner that she

was appointed in terms of the Cadre and Recruitment

Rules. After the petitioner retiring on attaining the age

of superannuation, no terminal benefits were paid,

which drove the petitioner to penury. On not being

paid, any terminal benefit pursuant to her retirement on

attaining the age of superannuation, the petitioner

submitted

plethora

of

representations

to

t