- 1 - NC: 2025:KHC:2851 WP No. 21396 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO. 21396 OF 2022 (S-RES) BETWEEN: MR. CHANDRAPRAKASH S/O LATE KRISHNAMURTHY ACHARYA, AGED ABOUT 65 YEARS, R/AT NO.3-47(1), “PHALGUNI”, KALATHUR SOUTH POST, NEAR MILITARY COLONY AIYAPPA NAGAR, KALATHUR VILLAGE, KAUP TALUK, UDUPI-574106. …PETITIONER (BY SRI. VENKATARAM C. R., ADV.) AND: STATE BANK OF MYSORE PRESENTLY MERGED WITH STATE BANK OF INDIA, A BODY CONSTITUTED UNDER THE BANKING COMPANIES (ACQUISITION AND TRANSFER OF UNDERTAKING) ACT 1970, LOCAL HEAD OFFICE, 65 ST MARKS ROAD, BENGALURU-560001. REP. BY ITS CHAIRMAN AND MANAGING DIRECTOR. …RESPONDENT (BY SRI. T P MUTHANNA, ADV.) Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:2851 WP No. 21396 of 2022 THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT TO THE RESPONDENT BANK TO MODIFY THE PENSION FITMENT ORDER BASED ON THE ACTUAL ENTITLEMENT IN ACCORDANCE WITH THE PREVAILING NORMS AS PROVIDED IN THE BIPARTITE SETTLEMENTS AND ISSUE DIRECTIONS FOR SETTLEMENT OF CONSEQUENTIAL TERMINAL BENEFITS WITH RETROSPECTIVE EFFECT. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.G.PANDIT ORAL ORDER Petitioner, a terminated employee of the respondent- Bank is before this Court under Article 226 of the Constitution of India seeking for a writ of mandamus to modify the Pension Fitment Order based on the actual entitlement in accordance with the prevailing norms as provided in the Bipartite Settlement. 2. Heard the learned counsel Sri.Venkataram.C.R., for petitioner and learned counsel Sri.T.P.Muthanna for respondent-Bank. Perused the writ petition papers. - 3 - NC: 2025:KHC:2851 WP No. 21396 of 2022 3. It is submitted that petitioner was working as Head Cashier in the respondent-Bank and he was terminated for remaining unauthorized absence by order dated 31.12.2008, which was the subject matter before the Central Government Industrial-cum-Labour Court and the said dispute came to be dismissed. Thereafter, it is submitted that the pension of the petitioner was fixed. 4. The grievance of the petitioner is with regard to proper fitment of pension. Admittedly, the petitioner has not made any demand before seeking mandamus. Unless a person who approaches the Court makes demand and refusal by the authority, would not be entitled to seek writ of mandamus. 5. In the above circumstances, it is open for the petitioner to submit appropriate representation, making out his grievance with regard to fitment of pension to the respondent-Bank. If such representation is made, I am sure the respondent-Bank would consider the same and - 4 - NC: 2025:KHC:2851 WP No. 21396 of 2022 pass appropriate order with regard to fitment of pension in accordance with law. 6. With the above, writ petition stands disposed of. Sd/- (S.G.PANDIT) JUDGE NC CT:bms List No.: 1 Sl No.: 51