Facts
The petitioners, former daily-wage employees of the Karnataka Housing Board whose services were later regularized, retired between 2017 and 2022.
Source reference: p.7They alleged that gratuity for their service before regularization remained unpaid, and sought payment under Rule 248-A of the Karnataka Civil Services Rules, 1958.
Source reference: p.7They had submitted representations to the respondents, which had not been considered, and filed this petition under Articles 226 and 227 of the Constitution.
Source reference: p.7The respondents submitted that the petitioners’ arrears of gratuity had been settled under Rule 248-A.
Source reference: p.7Issues
Whether the respondents should be directed to consider the petitioners’ representations seeking arrears of gratuity.
Source reference: p.7–8Whether the Court should determine the petitioners’ entitlement to arrears of gratuity under Rule 248-A on the merits.
Source reference: p.8Law Applied
The petition was brought under Articles 226 and 227 of the Constitution, invoking the High Court’s writ jurisdiction.
Source reference: p.7Rule 248-A of the Karnataka Civil Services Rules, 1958 was cited by the petitioners as the basis for their claim and by the respondents in their submission that the arrears had been settled.
Source reference: p.7The Court did not interpret or apply Rule 248-A to decide entitlement, and cited no precedent; it directed the competent respondent to consider the representations in accordance with law.
Source reference: p.8Reasoning
The Court noted both the petitioners’ claim that pre-regularization gratuity remained unpaid and the respondents’ submission that arrears had been settled.
Source reference: p.7Because the representations had not been considered, the Court directed the second respondent to decide them in accordance with law, while expressly declining to express an opinion on the merits of the claim.
Source reference: p.8Thus, the Court did not resolve whether the petitioners were entitled to further gratuity.
Source reference: p.8Holding
The petition was disposed of with a direction to the second respondent, the Housing Commissioner of the Karnataka Housing Board, to consider the representations at Annexures A and C1–C24 in accordance with law, as expeditiously as possible and no later than two months from receipt of the order.
The Court granted no determination on the merits of the gratuity claim.
Source reference: p.8Original Court PDF
SRI.G.L. HANUMEGOWDAvsTHE STATE OF KARNATAKA
Click to open original judgment
Original judgment, available to read, download and summarize on LawLens.in
