SHRI BASAVARAJ S/O. SHANTAPPA ANAMI v. GOVERNMENT OF KARNATAKA
WP/105246/2025 · 2025-08-23
Suraj Govindaraj
body2025
DailyLaw.ai
[ 2025 DAILYLAW 37367 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 37367 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-D:10755 WP No. 105246 of 2025
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 23RD DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO. 105246 OF 2025 (S-R) BETWEEN:
SHRI BASAVARAJ S/O. SHANTAPPA ANAMI, AGE: 64 YEARS, OCC. RETIRED, R/O. #46, ANUGRAHA, KALLUR LAYOUT, TQ. HUBBALLI, DIST. DHARWAD-580029. …PETITIONER (BY SRI. SHIVRAJ S BALLOLI, ADVOCATE)
AND:
1. GOVERNMENT OF KARNATAKA DEPARTMENT OF HIGHER EDUCATION, VIDHANA SOUDHA, BENGALURU-560001, REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE DIRECTOR OF TECHNICAL EDUCATION TANTRIKA SHIKSHANA BHAVANA, PALACE ROAD, BENGALURU-560001. 3. BASAVESHWAR ENGINEERING COLLEGE GOVERNMENT AIDED INSTITUTIONS, S. NIJALINGAPPA, VIDYANAGAR, BAGALKOT-587102. …RESPONDENTS (BY SRI. P.N. HATTI, HCGP FOR R1 AND R2;
NOTICE TO R3 IS DISPENSED WITH)
Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad
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HC-KAR NC: 2025:KHC-D:10755 WP No. 105246 of 2025
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, a. ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENT NO.2 TO REFIX THE PENSION OF THE PETITIONER IN TERMS OF THE REPRESENTATIONS GIVEN BY THE PETITIONER DATED. 19/04/2025 AND 21/05/2025 VIDE ANNEXURES-A AND A1. b.
PASS ANY SUCH OTHER ORDERS AS THIS HONBLE COURT MAY DEEM FIT IN THE FACT AND CIRCUMSTANCES OF THE CASE. THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ)
1. Learned AGA accepts notice for respondent Nos.1 and
2. Notice to respondent No. 3 is dispensed with in view of the proposed order to be passed. 2. The petitioner is before this Court seeking the following reliefs: a. Issue a Writ of Mandamus directing the Respondent no.2 to refix the pension of the petitioner in terms of the representations given by the petitioner dated. 19/04/2025 and 21/05/2025 vide Annexures-A and A1. B. Pass any such other orders as this Hon’ble Court may deem fit in the fact and circumstances of the case. - 3 -
HC-KAR NC: 2025:KHC-D:10755 WP No. 105246 of 2025
3. Petitioner who was employed since 05.07.2008 by Respondent No. 3, who was admitted to the grant-in- aid, is stated to have superannuated from service while holding the post of Assistant Professor under Respondent No. 3 institution.
It is the grievance of the petitioner that the pension fixed has not taken into account the grant-in-aid component. In this regard, the petitioner has submitted representations dated 19.04.2025 and 21.05.2025 (Annexures A and A1), which have not been considered till date. Hence, the petitioner is before this Court. 4. It is a settled position that whenever a representation is submitted to an authority, the same must be considered and disposed of by passing a reasoned
order within a reasonable time, either accepting or rejecting the request.
5. None of this having been done in the present case, the following order is passed:
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HC-KAR NC: 2025:KHC-D:10755 WP No. 105246 of 2025
ORDER i. Writ petition is allowed. ii. A writ of mandamus is issued directing Respondent No. 2 to consider the petitioner's representations dated 19.04.2025 and 21.05.2025 (Annexures A and A1), and to pass appropriate reasoned orders thereon, in accordance with law, within a period of eight weeks from the date of receipt of a copy of this
order.
Sd/- (SURAJ GOVINDARAJ) JUDGE
VB CT:PA List No.: 1 Sl No.: 3