Karnataka High Court
Lalitha Kumari B vs State Of Karnataka on 7 June, 2023
Bench: Alok Aradhe Hegde, Arhj
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WA No.2813 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF JUNE, 2023
PRESENT
THE HON'BLE MR. JUSTICE ALOK ARADHE
AND
THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
WRIT APPEAL NO.2813 OF 2019 (S-R)
BETWEEN:
1. LALITHA KUMARI .B
W/O LATE K. RANGANATH RAO
AGED ABOUT 60 YEARS
HOUSE MAKER
Digitally R/O NO 147, OLD NO 6, OUT HOUSE
signed by
RUPA V BEHIND KHADI GRAMODYOG BHAVANA
D V G ROAD, BASAVANAGUDI
Location:
High Court BENGALURU - 560004.
of Karnataka ...APPELLANT
(BY SRI. S.V. PRAKASH, ADV.,)
AND:
1. STATE OF KARNATAKA
REPERSENTED BY ITS SECRETARY
DEPARTMENT OF HIGHER EDUCATION
M S BUILDING, DR. B.R. AMBEDKAR VEEDHI
BENGALURU - 560001.
2. DIRECTOR OF COLLEGIATE EDUCATION
PALACE ROAD
BENGALURU - 560001.
3. THE MANAGEMENT OF NATIONAL
EDUCATION SOCIETY
BALARAJ URS ROAD
SHIVAMOGGA CITY - 577201
REPRESENTED BY ITS SECRETARY.
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WA No.2813 of 2019
4. THE PRINCIPAL
NATIONAL COLLEGE OF LAW
BALARAJ URS ROAD
SHIVAMOGGA CITY - 577201.
...RESPONDENTS
(BY SRI. B. RAJENDRA PRASAD, HCGP FOR R1 & R2
SRI. GURURAJA P.B. ADV., FOR
SRI. M. NARAYANA BHAT, ADV., FOR R3 & R4)
---
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO ALLOW THIS WRIT APPEAL AS
PRAYED FOR THEREIN BY SETTING ASIDE ORDER DATED
18/06/2019 PASSED BY THE LEARNED SINGLE JUDGE OF
THIS HON'BLE COURT IN WP NO.25283/2010 IN SO FAR AS IT
RELATES TO DECLINING TO DIRECT THE RESPONDENTS TO
PAY SUM OF RS.2,09,514/- TO THE APPELLANT IN TERMS OF
ORDER DATED 24/06/2008 PASSED IN WP NO.850/2006 AND
CONSEQUENTLY DIRECT THE RESPONDENTS TO PAY THE
AFORESAID AMOUNT TO THE APPELLANT & ETC.,
THIS APPEAL COMING ON FOR FURTHER HEARING, THIS
DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING:
JUDGMENT
Mr.S.V.Prakash, learned counsel for the appellant.
Mr.B.Rajendra Prasad, learned High Court
Government Pleader for the respondent Nos.1 and 2.
Mr.Gururaja P.B., learned counsel for the
respondent Nos.3 and 4.
This intra Court appeal has been filed against an
order dated 18.06.2019 passed by the learned Single
WA No.2813 of 2019
Judge by which writ petition preferred by the appellant
has been partly allowed and the communication dated
24.07.2010 seeking to recover a sum of Rs.88,509/-
from the appellant, has been quashed. The learned
Single Judge has further directed that any amount due
to the appellant shall be released within a period of
eight weeks.
2. Facts giving rise to this appeal briefly stated are
that husband of the appellant namely K.Ranganatha
Rao joined the services of National Law College at
Shivamogga on 04.10.1972. National Law College is a
private educational institution which is governed and
aided by the Government of Karnataka. The husband of
the appellant retired as a Reader in Law on attaining the
age of superannuation, on 31.05.1994. The retrial dues
were not paid to the husband of the appellant.
WA No.2813 of 2019
3. Thereupon, husband of the appellant filed a writ
petition namely W.P.No.850/2006 which was decided by
the learned Single Judge of this Court by an order dated
24.06.2008. Paragraph 4 of the aforesaid order reads
as under:
"4. Having regard to the fact that this Court
has consistently awarded interest on belated
payments on pensionary benefits as well as
gratuity, there is no reason as to why the
petitioner should be denied the interest
component for belated payments.
Consequently, the following order is passed:
(a) Petition is allowed.
(b) Annexure-H is quashed.
(c) The petitioner is entitled for interest at
the rate of 12% from 01.06.1994 to
30.01.2005.
(d) The interest amount shall be paid within
three months from the date of receipt of a
copy of this order.
(e) If the said amount is not paid within
three months, the petitioner would be
WA No.2813 of 2019
entitled for interest at the rate of 15% for the
aforesaid period.
Petition stand disposed of accordingly."
4. It is not in dispute that the aforesaid order has
attained finality and binds the parties. It is also not in
dispute that in compliance of the direction issued by
learned Single Judge, the amount due to the appellant
namely widow of deceased employee was paid to her on
03.04.2009. Since the amount due under the order
dated 24.06.2008 was not paid to the widow within a
period of three months, therefore, the appellant is
entitled to receive an additional 3% of the interest in
terms of directions dated 24.06.2008 issued by the
learned Single Judge.
5. It is therefore directed that the respondents
shall pay interest on the amount due to the appellant as
retrial dues at the rate of 3% for a period from
01.06.1994 to 30.01.2005.
WA No.2813 of 2019
To the aforesaid extent, the order passed by the
learned Single Judge is modified.
In the result, appeal is allowed.
Sd/-
JUDGE
Sd/-
JUDGE
RV
