- 1 - HC-KAR NC: 2025:KHC-D:16809 WP No. 108943 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 1ST DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 108943 OF 2025 (S-RES) BETWEEN: SRI KALEEM AHMED SHINGOTI AGE 73 YEARS OCC RETD ASST REGISTRAR OF CO-OPERATIVE SOCEITIES, HAVERI SUB DIVISION DIST HAVERI 591126 …PETITIONER (BY SRI. P. G. CHIKKANARAGUND, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP BY ITS CHIEF SECRETARY FINANCE DEPARTMENT VIDHANA SOUDHA BENGALURU 560001. 2. THE STATE OF KARNATAKA REP BY ITS PRINCIPAL SECRETARY DEPT OF PERSONNEL AND ADMINISTRATIVE REFORMS VIDHANA SOUDHA BALGALURU 560001. 3. THE REGISTRAR OF CO-OP SOCIETIES NO 1, ALI ASKAR ROAD BALGALURU 560001. 4. THE ACCOUNTANT GENERAL IN KARNATAKA PARK HOUSE ROAD, BANGALURU 560001. …RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP) Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:16809 WP No. 108943 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO: A) ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS TO TREAT THE PERIOD 15 YEARS IN SUB-RULE (14) OF RULE 376 OF KARNATAKA CIVIL SERVICE RULES 1958 AS 10 YEARS AND 8 MONTHS (128 MONTHS) FOR RECOVERY OF LUMPSUM AMOUNT PAID TO THE PETITIONER IN MONTHLY INSTALLMENT FROM PENSION PAYABLE TO THE PETITIONER AND TO EXTEND ALL CONSEQUENTIAL BENEFITS ARISING THERETO, IN THE INTEREST OF JUSTICE AND EQUITY. B) ISSUE ANY OTHER ORDER OR DIRECTION, DIRECTING THE RESPONDENTS TO REFUND THE EXCESS AMOUNT OF COMMUTATION OF PENSION HAVING ALREADY BEEN RECOVERED FROM THE PETITIONER WHO HAS PAID MORE THAN 10 YEARS AND 8 MONTHS AS PER THE REPRESENTATION DATED 02/09/2025 VIDE ANNEXURE-D AND DIRECT THE RESPONDENT NO.1 TO 4 TO PAY FULL PENSION TO THE PETITIONER. C) ISSUE ANY OTHER ORDER OR DIRECTION AS THIS HON BLE COURT MAY DEEMS FIT AND PROPER UNDER THE CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:16809 WP No. 108943 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court seeking the following prayer: A) Issue a Writ in the nature of Mandamus directing the respondents to treat the period 15 years in sub-Rule(14) of Rule 376 of Karnataka Civil Service Rules 1958 as 10 years and 8 months (128 months) for recovery of lumpsum amount paid to the petitioner in monthly installment from pension payable to the petitioner and to extend all consequential benefits arising thereto, in the interest of justice and equity. B) Issue any other order or direction, directing the respondents to refund the excess amount of commutation of pension having already been recovered from the petitioner who has paid more than 10 years and 8 months as per the representation dated 02/09/2025 vide Annexure-D and direct the respondent No.1 to 4 to pay full pension to the petitioner. C) Issue any other order or direction as this Hon’ble court may deems fit and proper under the circumstances of the case, in the interest of justice and equity. 2. Heard the learned counsel Sri.P.G.Chikkanaragund, appearing for the petitioner and the learned HCGP-Smt.Girija S. Hiremath, appearing for the respondents. 3. The learned counsel for the petitioner submits that in identical circumstances the Co-ordinate Bench of this Court in - 4 - HC-KAR NC: 2025:KHC-D:16809 WP No. 108943 of 2025 Writ Petition No.107168/2025 disposed off on 25.09.2025, has passed the following order: “1. Learned Additional Government Advocate accepts notice for the respondents. 2. The petitioner is before this Court seeking for the following reliefs: a. Issue a Writ in the nature of Mandamus directing the respondents to treat the period 15 years, in sub-rule (14) of rule 376 of Karnataka Civil Service rules 1958 as 10 years and 8 months (128 months) for recovery of lumpsum amount paid to the petitioner in monthly installment from pension payable to the petitioner and to extend all consequential benefits arising thereto, in the interest of justice and equity. b. Issue any other order or direction, directing the respondents to refund the excess amount of communication of pension having already been recovered from the petitioner who has paid more than 10 years and 8 months as per the representation dated 28.08.2025 vide annexure-d and direct the respondent no.1 to 5 to pay full pension to the petitioner. c. Issue any other order or direction as this Hon’ble court may deems fit and proper under the circumstances of the case, in the interest of justice and equity. 3. The respondents proposing to recover the commuted value of pension beyond 12 years, the petitioner submitted the representation on 28.08.2025 at Annexure-D. 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. 4. 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 - 5 - HC-KAR NC: 2025:KHC-D:16809 WP No. 108943 of 2025 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 28.08.2025 submitted by the petitioner at Annexure-D within 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.” 4. The learned HCGP would not dispute the position as is considered by the Co-ordinate Bench. 5. In that light, I deem it appropriate to pass the following: ORDER i. The writ petition is allowed. ii. A mandamus is issued, directing the respondents to consider the representation dated 02.09.2025 submitted by the petitioner at Annexure-D within a period of six weeks from the date of receipt of a copy of this order. - 6 - HC-KAR NC: 2025:KHC-D:16809 WP No. 108943 of 2025 iii. Needless to say, until such representation is considered and order is passed, no recovery can be made from the petitioner. Sd/- (M.NAGAPRASANNA) JUDGE RHR/-CT:ANB List No.: 2 Sl No.: 6