Karnataka High Court
Shri H S Babu Rao vs Canara Bank on 9 June, 2025
Author: H.T. Narendra Prasad
Bench: H.T. Narendra Prasad
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WP No. 14113 of 2022
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF JUNE, 2025
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
WRIT PETITION NO. 14113 OF 2022 (S-RES)
BETWEEN:
SHRI H S BABU RAO
S/O SHANKAR RAO K
AGED ABOUT 68 YEARS
R/AT NO.73 JCM ROAD
HOSANAGAR -577 418
SHIVAMOGGA DISTRICT.
...PETITIONER
(BY SRI. GANAPATHI SUBBARAYA BHAT., ADVOCATE)
AND:
1. CANARA BANK
REP BY ITS
GENERAL MANAGER
HUMAN RESOURCES WING
HEAD OFFICE 112 JC ROAD
Digitally signed by
HEMALATHA A BENGALURU -560 002.
Location: HIGH
COURTOF 2. GENERAL MANAGER
KARNATAKA H R M SECTION, CANARA BANK
CIRCLE OFFICE MANIPAL
UDUPI TALUK AND DISTRICT-576104
...RESPONDENTS
(BY SRI. T P MUTHANNA., ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT
THE RESPONDENT BANK TO PAY INTEREST ON DELAYED
PAYMENT OF TERMINAL BENEFIT FROM THE DATE OF
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WP No. 14113 of 2022
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PETITIONER RETIREMENT AT THE RATE OF 9 PERCENT PER
ANNUM AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
ORAL ORDER
This writ petition is filed under Articles 226 & 227 of
the Constitution of India seeking the following reliefs:
"Direct the respondent Bank to pay interest on
delayed payment of terminal benefit from the date
of petitioner's retirement at the rate of 9% p.a."
2. The petitioner was appointed in the respondent -
Bank as a clerk. While he was in service, a departmental
enquiry has been initiated in the year 1989 and he has
been dismissed from service. Thereafter, he challenged
the same before this Court by filing a writ petition in
W.P.No.15952/1989. This Court, by order dated
14.11.1995 allowed the writ petition and set aside the
penalty imposed on the petitioner. Against that order, the
employer - Bank filed an appeal before this Court in
W.A.No.4452/1995 and connected matter. A Division
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Bench of this Court on 30.07.1997 disposed of the appeal
with a liberty to the respondent - Bank to refer the Caste
Certificate issued by the petitioner to the competent
authority. Thereafter, on 11.03.2002, the competent
authority submitted the report saying that the caste
certificate issued in favour of the petitioner is not valid.
On the basis of the report, he has been terminated from
service on 20.08.2014. Being aggrieved by the same, he
filed a writ petition before this Court in W.P.No.45278/
2014. In the meantime, he has retired from service on
31.08.2014. Therefore, this Court disposed of the writ
petition on 13.06.2019 with the following observations:
"3. Having regard to the fact that the
petitioner has already attained superannuation and
retired from service, the order dated 28.08.2014 -
Annexure A is set aside. Writ petition stands
allowed in terms of paragraph No.24 of the
judgment dated 23.01.2019 passed in
W.P.Nos.56358-364/2014 and connected matters."
3. After disposal of the writ petition, in the year
2020, the retirement benefit has been paid to the
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petitioner. This Court, allowed W.P.No.45278/2014 on
13.06.2019, following the order passed by a Co-ordinate
Bench of this Court in W.P.Nos.56358-364/2014, disposed
of on 23.01.2019 in terms of paragraph 24. Paragraph 24
of the order dated 23.01.2019 is extracted below:
"24. Consequently, the show-cause notices
issued by the respondent - Bank cannot be
interfered with. The respondent authorities are
directed to proceed further. In respect of
petitioners who have attained the age of
superannuation and have since retired, action
initiated by the respondents for dismissal from
service do not survive for consideration This is in
tune with the observations/directions of the Hon'ble
Apex Court at paragraph No.58 (individual case
No.1) pertaining to Jagadish Balaram Bahira in
Chairman and Managing director, FCI (supra). In
all other matters, where the petitioners were
dismissed from service, the action of the
respondent authorities and orders of dismissal are
upheld."
4. A bare reading of the above discloses that
W.P.Nos.56358-364/2014 was disposed of on 23.01.2019,
in terms of paragraph 58 of the judgment of the Apex
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Court in the case of CHAIRMAN AND MANAGING
DIRECTOR FCI AND OTHERS vs. JAGDISH BALARAM
BAHIRA AND OTHERS (Civil Appeal No.8928/2015
decided on 06.07.2017). The relevant portion of
Paragraph 58 of the judgment of the Apex Court is
extracted below:
"............
During the pendency of the litigation, the
respondent is retired from service and has even
been paid his terminal dues. Hence, at this stage,
all that can be observed is that no claim by a
member of Mahdeo Koli, Scheduled Caste shall be
made or entertained on behalf of the respondent or
any member of his family on the strength of the
caste certificate which has been invalidated by the
Scrutiny Committee. No further benefits of any
nature whatsoever would be admissible to the
respondent on the basis of his claim which has been
invalidated. However, in the peculiar facts, we are
not inclined to order recovery has to be made from
the respondent."
5. The only grievance of the petitioner is that, he was
retired from service on 31.08.2014 and the retirement
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benefit has been paid in the year 2020, there is a delay in
payment of the retirement benefits. Therefore, he is
entitled for the interest. In fact, before the petitioner
retired from service, he has been dismissed from the
service on the ground that the caste certificate produced
by him is not valid. He challenged the same before this
Court in W.P.No.45278/2019. The said writ petition was
disposed of in terms of the order passed by the Apex Court
in the case of CHAIRMAN AND MANAGING DIRECTOR
FCI (supra). The Apex Court, in the said case, has
upheld the cancellation of the caste certificate and in
respect of the person who is already retired and who has
already been paid the retirement benefits, the Apex Court
has inclined to order for recovery. In this case, the
retirement benefit was not immediately paid, the matter
was pending consideration in W.P.No.45278/2014, it was
disposed of on 13.06.2019. Thereafter, the retirement
benefit has been paid. In view of the above, the petitioner
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is not entitled to interest for the delayed period.
Therefore, the respondent has rightly denied the interest.
6. Hence, the writ petition is devoid of merit,
accordingly, it is dismissed.
Sd/-
(H.T. NARENDRA PRASAD)
JUDGE
CM
