- 1 - NC: 2025:KHC:5030 WP No. 33297 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO. 33297 OF 2024 (S-RES) BETWEEN: SRI. VITTAL S/O LATE HARISHCHANDRA, AGED ABOUT 60 YEARS, R/AT NO.12, GROUND FLOOR, PNS LAYOUT, 2ND CROSS, MUNISWAMAPPA ROAD, SUBBANAPALYA, BANGALORE NORTH P O-MARUTHI SEVANAGAR DIST:BANGALURU - 560033 MOBILE NO. 9945861895. …PETITIONER (BY MS. ANINDITA CHAKRABORTHY, ADV.) AND: 1. THE REGISTRAR UNIVERSITY OF VISVESVARAYA COLLEGE OF ENGINEERING K.R.CIRCLE BANGALORE - 560001. 2. STATE OF KARNATAKA DEPARTMENT OF HIGHER EDUCATION, M.S.BUILDING DR. B.R. AMBEDKAR VEEHDI, BANGALORE – 560001 REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY …RESPONDENTS (BY SRI. T.P. RAJENDRA KUMAR SUNGAY, ADV. FOR R1 SRI V SHIVA REDDY, AGA FOR R2) Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:5030 WP No. 33297 of 2024 THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO SETTLE THE RETIREMENT/MONITORY/ PENSIONARY BENEFITS INCLUDING LEAVE ENCASHMENT BENEFITS TO THE PETITIONER FORTHWITH (ANNX-D); DIRECT THE RESPONDENT TO FIX THE MONTHLY PENSION OF THE PETITIONER FROM THE DATE OF HIS SUPERANNUATION AND PAY THE ARREARS FORTHWITH AND ALSO CONTINUE TO PAY THE MONTHLY PENSION REGULARLY AS AND WHEN IT FALLS DUE AND ETC. 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 The petitioner, a retired Instructor from the University of Visvesvaraya College of Engineering is before this Court praying for a writ of mandamus directing the respondents to settle retirement benefits including leave encashment benefits to the petitioner forthwith and also to fix the monthly pension of the petitioner from the date of his superannuation and pay the arrears forthwith along with interest at the rate of 18% p.a. 2. Heard learned counsel Smt.Anindita Chakraborthy for petitioner, Sri.T.P.Rajendra Kumar Sungay, learned counsel for respondent No.1 and Sri.V.Shiva Reddy, - 3 - NC: 2025:KHC:5030 WP No. 33297 of 2024 learned Additional Government Advocate for respondent No.2. Perused the writ petition papers. 3. Learned counsel for the petitioner would submit that the petitioner on attaining the age of superannuation, retired on 30.04.2024 as Instructor in the Department of Mechanical Engineering of the 1st respondent. It is submitted that the petitioner has obtained ‘No Due Certificate’ from the concerned and has forwarded the same to the second respondent. Till this date, it is submitted that pension and pensionary benefits of the petitioner is not sanctioned nor granted. Hence, it is prayed for issuing a direction to the respondents to take action to settle pension and pensionary benefits of the petitioner. 4. Annexure-B notification dated 27.02.2024 of the first respondent indicates the date of petitioner’s retirement as 30.04.2024. In terms of Annexure-A, Relieving Order dated 19.04.2024, the petitioner was relieved of his duties on 30.04.2024 on he attaining the age of superannuation. - 4 - NC: 2025:KHC:5030 WP No. 33297 of 2024 On his retirement, respondent No.1 is duty bound to settle his pension and pensionary benefits. Since the respondents have not taken any action for settlement of pension and pensionary benefits of the petitioner, the petitioner would be entitled for a writ of mandamus. Hence, the following order: The petitioner is directed to submit a representation requesting for settlement of pension and pensionary benefits, within a week from today. The first respondent, on receipt of representation as stated above, consider the same and pass appropriate order within four weeks thereafter in the matter of settlement of pension and pensionary benefits of the petitioner. With the above, the writ petition stands disposed of. Sd/- (S.G.PANDIT) JUDGE MPK CT:bms