- 1 - NC: 2025:KHC:3568 RP No. 701 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS REVIEW PETITION NO.701 OF 2022 BETWEEN: 1. THE STATE OF KARNATAKA REP BY SECRETARY TO GOVERNMENT DEPARTMENT OF EDUCATION COLLEGIATE EDUCATION M.S.BUILDING, BENGALURU-560 001 2. THE PRINCIPAL ACCOUNTANT GENERAL (A AND E), KARNATAKA P B NO 5329/5369 PARK HOUSE ROAD BENGALURU -1 3. THE SENIOR ACCOUNTS OFFICER O/O PRINCIPAL ACCOUNTANT GENERAL (A AND E), KARNATAKA P B NO 5329/ 5369, PARK HOUSE ROAD BENGALURU 1 …PETITIONERS (BY SRI.MOHAMMED JAFFAR SHAH., AGA) AND: 1. SMT. H.K. SEETHALAXMI W/O SRI B S CHANDRAMOHAN AGED 62 YEARS Digitally signed by KRISHNAPPA LAXMI YASHODA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:3568 RP No. 701 of 2022 R/AT SWASTIK, APPAYYA SWAMY ROAD VIRAJPET, KODAGU DIST 571218 2. THE PRINCIPAL CAUVERY COLLEGE GONIKOPPAL-571213 COORG DISTRICT …RESPONDENTS (BY SRI. SUBRAMANYA BHAT M., ADVOCATE FOR R1 R2 SERVED - UNREPRESENTED) THIS REVIEW PETITION IS FILED UNDER ORDER XLVII RULE 1 OF CODE OF CIVIL PROCEDURE, PRAYING TO REVIEW THE ORDER DATED 07/04/2022 PASSED BY THIS HONBLE COURT IN WRIT PETITION NO. 22404/2021 (S-RES) IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER This review petition is filed by the State of Karnataka, the Principal Accountant General (A & E) and the Senior Accounts Officer, seeking to review the order dated 07.04.2022 by virtue of which W.P.No.22404/2021 filed by the respondent herein was disposed of. The writ petition was filed by the respondent herein seeking a writ - 3 - NC: 2025:KHC:3568 RP No. 701 of 2022 of mandamus or direction directing the review petitioners herein to release the retrial benefits payable to the writ petitioner such as monthly pension, commutation of pension, DCRG, Earned Leave Encashment etc. 2. During the course of the writ petition, a submission was made by the learned AGA that insofar as the pensionary benefits of the writ petitioner is concerned, the same will be determined and paid as per the recommendation made by the Institution where the petitioner was working. Insofar as the payment of interest is concerned, a decision of a Division Bench of this Court in the case of the Chairman, Board of Management, K.L.E. Society, Belgaum and Another Vs. State of Karnataka and Others reported in 2005 (4) Kar.L.J. 233 was pressed into service. The Division Bench had considered a Government Order dated 13.09.1994 and directed payment of interest at 12% p.a. However, learned AGA pointed out to subsequent Government Order dated 21.08.2003 whether the percentage of interest was - 4 - NC: 2025:KHC:3568 RP No. 701 of 2022 reduced to 8%. Accordingly, the writ petition was disposed of directing the review petitioners herein to disburse the pensionary benefits and all other benefits which are payable to the writ petitioner as expeditiously as possible, along with 8% interest in terms of the Government Order dated 21.08.2003. 3. In this review petition, it is sought to be contended that subsequently another Government Order dated 22.02.2022 has been issued and according to the said Government Order, the interest payable shall be at the rate of 5.4%. Therefore, review is sought. 4. The Government Order dated 22.02.2022 cannot be made applicable to the writ petitioner. The writ petitioner attained the age of superannuation on 31.05.2020 and therefore, the Government Order holding the field at the relevant point of time is required to be considered and this Court has accordingly considered the Government Order dated 21.08.2003, wherein the rate of - 5 - NC: 2025:KHC:3568 RP No. 701 of 2022 interest payable on delayed payment of the pensionary benefits and other retrial benefits is 8%. 5. Consequently, the Review Petition is dismissed. Sd/- (R DEVDAS) JUDGE JT/- CT: JL