- 1 - HC-KAR NC: 2025:KHC-D:13060 WP No. 107063 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 24TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 107063 OF 2025 (S-R) BETWEEN: SHRI ISMAIL BURANSAB MULLA S/O BURANSAHEB AGE. 72 YEARS SHERISTEDAR JUDICIARY DEPARTMENT #762, BURHAN MANZIL 1ST CROSS, BEHIND CHARCH VAIBHAVA NAGAR BELGAUM, BELGAUM DIST …PETITIONER (BY SRI. VIJAYA KUMAR & SRI. OMKAR L. DESAI., ADVOCATES) AND: 1. THE STATE OF KARNATAKA LAW JUDICIARY AND HUMAN RIGHTS DEPARTMENT VIKASA SOUDHA, BENGALURU-560 001 REPRESENTED BY ITS SECRETARY 2. THE DISTRICT TREASURE OFFICER BELAGAUM BELGAUM DISTRICT 3. THE ACCOUNTANT GENERAL (A AND E) KARNATAKA, PARK HOUSE BENGALURU-560001 …RESPONDENTS (BY SRI. P.N. HATTI., HCGP FOR R1 TO R3) Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:13060 WP No. 107063 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS ORDER OR DIRECTION DIRECTING THE 3RD RESPONDENT TO STOP RECOVERY OF THE COMMUTED VALUE OF PENSION BEYOND 12 YEARS AND ETC. THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The Petitioner is before this Court seeking for the following reliefs: a. Issue a writ of mandamus order or direction directing the 3rd respondent to stop recovery of the commuted value of pension beyond 12 years. Or In the alternative direct the R3 to release the additional commuted value of pension by calculating the 1/3rd commuted value of pension for a period of 15 years and to pay the arrears of commuted value of pension together with interest at 12% per annum from the date on which they were granted the commuted value of pension; and b. To consider the representation submitted by the petitioner dated 22.11.2024 (vide Annexure-E) in accordance with law, within a time frame specified by this Hon’ble Court. c. To pass such other order as this Hon’ble Tribunal deems fit in the facts and circumstances of the case. - 3 - HC-KAR NC: 2025:KHC-D:13060 WP No. 107063 of 2025 2. The respondents proposing to recover the commuted value of pension beyond 12 years, the petitioner submitted the representation on 22.11.2024 at Annexure-E. The said representation has still not been considered but the respondents are proposing to recover the amount. It is in that background that the petitioner is before this Court seeking for the aforesaid reliefs. 3. Whenever any representation is submitted to any statutory authority or a governmental authority it is required for the said authority to consider the same and pass necessary orders within a reasonable period of time, either accepting or rejecting the same. Neither having been done, I pass the following; ORDER i. The writ petition is allowed. ii. A mandamus is issued, directing the respondents to consider the representation dated 22.11.2024 submitted by the petitioner at Annexure-E within - 4 - HC-KAR NC: 2025:KHC-D:13060 WP No. 107063 of 2025 a period of six weeks from the date of receipt of a copy of this order. iii. Needless to say, until such representation is considered and order is passed no recovery can be made from the petitioner. Sd/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 34