M Ashok Kumar vs H R Department
2025 Latest Caselaw 4764 Kant

Karnataka High Court

M Ashok Kumar vs H R Department on 6 March, 2025

                                          -1-
                                                     NC: 2025:KHC:9655-DB
                                                      WA No. 279 of 2024




                  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                        DATED THIS THE 6TH DAY OF MARCH, 2025

                                       PRESENT
                       THE HON'BLE MR JUSTICE V KAMESWAR RAO
                                         AND
                          THE HON'BLE MR JUSTICE T.M.NADAF
                         WRIT APPEAL NO. 279 OF 2024 (S-RES)
                BETWEEN:

                M. ASHOK KUMAR,
                S/O LATE MARIAPPA,
                AGED ABOUT 68 YEARS,
                DEPT OF PB NO. 6321/68160-93,
                R/AT NO. 107/6, 'B' STREET,
                JAYARAJ NAGAR, VIVEKNAGAR POST,
                BANGALORE - 560 047.
                                                             ...APPELLANT
                (BY SMT. KAMALA KUMARI M, ADVOCATE)

                AND:

Digitally
signed by K G   H.R. DEPARTMENT,
RENUKAMBA       THE MANAGEMENT OF
Location:       HINDUSTAN AERONAUTICS LTD.,
High Court of   HELICOPTER DIVISION (HC),
Karnataka       VIMANAPURA POST, BANGALORE - 560 017,
                THE RESPONDENT IS BEING REPRESENTED
                BY ITS SENIOR MANAGER H.R.
                SMT. TARANI RANJAN PATRO.
                                                           ...RESPONDENT
                (BY SRI. K.S. BHEEMAIAH, ADVOCATE)
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                                              NC: 2025:KHC:9655-DB
                                               WA No. 279 of 2024




     THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED
24/03/2023, PASSED BY THE LEARNED SINGLE JUDGE IN WP
NO.9630/2022, AND DIRECT THE RESPONDENT MANAGEMENT
TO PAY THE BENEFITS THAT THE APPELLANT IS ENTITLED AND
ALSO TO PASS ANY OTHER ORDER/s THAT THIS IS HONBLE
COURT MAY BE DEEMED FIT AND PROPER UNDER THE GIVEN
FACTS AND CIRCUMSTANCES OF THE CASE.

     THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,

JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM:      HON'BLE MR JUSTICE V KAMESWAR RAO
            and
            HON'BLE MR JUSTICE T.M.NADAF


                       ORAL JUDGMENT

(PER: HON'BLE MR JUSTICE V KAMESWAR RAO)

This intra-Court appeal arises from order dated

24.03.2023 in writ petition No.9630/2022 whereby, the learned

Single Judge has dismissed the petition filed by the appellant

herein by stating in paragraph No.5 as under:-

"Having heard the learned counsel appearing for the parties, I have carefully examined the writ papers and it is not in dispute that the service of the petitioner was terminated by accepting resignation letter on

NC: 2025:KHC:9655-DB

13.04.1993 and the petitioner has filed IA No.384 of 2006 before the Labour Court, Bengaluru for claiming back wages and other consequential benefits and the said claim petition came to be dismissed on 23.02.2007. I have also noticed from the impugned order produced at Annexure-P that settlement has been made by respondent-authority on 01.05.2000 itself and in that view of the matter, the petitioner cannot claim for settlement of his service benefits after 30 years i.e. after his termination from service and therefore, I find force in the submission made by the learned counsel appearing for the respondent-authority. Therefore, the petitioner is not entitled for the relief claimed in this writ petition. Accordingly, the writ petition is dismissed".

2. The issue before learned Single Judge was primarily for

grant of the terminal benefits after the appellant had resigned

from the respondent-organization by tendering resignation.

3. The case of the appellant is that except GPF he has not

been paid other benefits.

NC: 2025:KHC:9655-DB

4. It is a fact that the learned Single Judge has noted the

fact in the year 2006, the appellant had raised an industrial

dispute claiming back wages. The same came to be dismissed

on 23.02.2007. It is much thereafter, the appellant had filed

the aforesaid writ petition.

5. On 09.01.2025, we had asked for the presence of the

Administrative Head of the respondent-company. The Officer

namely, Mr.Tarani Ranjan Patro, Chief Manager (HR),

Hindustan Aeronautics Limited, Helicopter Division (HC),

Bengaluru was present in the Court, on 10.02.2025. We had

interacted with him. He is also present before the Court, today.

He submits that he has considered and discussed the issue of

grant of ex gratia payment to the appellant with the other

officers in the organization. He states that Rules do not permit

for such payment. That apart, according to him, the record

having been weaded out, it is difficult to ascertain when did the

gratuity and other terminal benefits were paid to the

respondent.

6. His submission is that the circumstances related to his

resignation would definitely prove that the terminal benefits

have been paid. This according to him is also because unlike

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GPF, the payment of Gratuity need to be made on the date the

employee is relieved from service. In this case, the employee

having resigned in the year 1993, it can be inferred that the

gratuity amount has been paid to the appellant on the date he

was relieved.

7. Having considered the claim made and also the

conclusion drawn by the learned Single Judge and also having

heard the Officer, we are of the view that the learned Single

Judge is justified in dismissing the petition in the facts of this

case.

Accordingly, the appeal is also dismissed.

In view of dismissal of Writ Appeal, I.A No.1/2021,

1/2024 and IA 2/2024 do not survive for consideration.

Sd/-

(V KAMESWAR RAO) JUDGE

Sd/-

(T.M.NADAF) JUDGE VS

CT: BHK