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2025 DAILYLAW 18818 (KAR)

SRI.C. KRISHNAPPA v. THE COMMISSIONER

WP/37090/2018 · 2025-01-15

Anant Ramanath Hegde

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Judgment text

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- 1 - NC: 2025:KHC:1347 WP No. 37090 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 37090 OF 2018 (S-KSRTC) BETWEEN: SRI. C. KRISHNAPPA, S/O LATE CHENNAVEEREGOWDA, AGED ABOUT 70 YEARS, #129/A[131/1], 2ND CROSS, 12TH MAIN ROAD, BSK 3RD STAGE, NAGENDRA BLOCK, BENGALURU - 50. …PETITIONER (BY SRI. LAKSHMI S.B, ADVOCATE) AND: 1. THE COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANIZATION, KARNATAKA, "BHAVISHYANIDHIBHAVANA", NO.13, RAJA RAM MOHAN ROY ROAD, P.B.NO.2584, BENGALURU - 25. 2. THE MANAGING DIRECTOR, BMTC, CENTRAL OFFICES, K.H. ROAD, SHANTHINAGARA, BENGALURU - 28. …RESPONDENTS (BY SMT. NANDITA HALDIPUR, ADVOCATE FOR 1; SMT. H.R. RENUKA, ADVOCATE FOR R2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL THE ENTIRE SERVICE RECORD/BOOK AND PENSION CONTRIBUTION RECORD OF THE PETITIONER FROM THE RESPONDENT AUTHORITIES AND ETC., Digitally signed by PRAMILA G V Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:1347 WP No. 37090 of 2018 THIS PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE ANANT RAMANATH HEGDE ORAL ORDER Heard the learned counsel appearing for the petitioner and the respondents. 2. The present petition is filed seeking a direction to the respondents to calculate the petitioner's monthly salary contribution for his pension and to issue a direction to the respondents to pay the pension in accordance with law. The petitioner has also claimed interest on the pension w.e.f. 30.04.2006 (after his retirement) till today. 3. Learned counsel for the petitioner would submit that though initially the petitioner made a claim that he is entitled for pension after reckoning his service from 1971, he does not press the said claim and now would make a claim for the pension counting his service from 16.11.1995. 4. Learned counsel for the respondents would submit that the petitioner earlier had made a claim to pay pension counting his service from 1971, as such, the said claim petition - 3 - NC: 2025:KHC:1347 WP No. 37090 of 2018 is not maintainable and he has to furnish a fresh claim to release the pension counting his service from 16.11.1995. 5. Learned counsel for the petitioner would submit that the fresh claim would be submitted within two weeks from today and learned counsel for the respondents would submit that the claim made by the petitioner shall be considered in accordance with law within 30 days from the receipt of the claim by the petitioner. 6. Hence, the following: ORDER 1. The petitioner shall submit the claim for pension counting his service from 16.11.1995 and the said claim shall be submitted in prescribed form within 2 weeks. 2. Respondents shall consider the claim within 30 days from the receipt of claim by the petitioner. 3. Writ Petition is disposed of accordingly. 4. Claim on interest payable is not adjudicated and respondents shall consider the said claim in accordance with law. Sd/- (ANANT RAMANATH HEGDE) JUDGE KA/List No.: 1 Sl No.: 29