- 1 - HC-KAR NC: 2025:KHC:39529 WP No. 3347 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 3347 OF 2019 (S-R) BETWEEN: KAPINIPATHI S/O LATE NANJUNDE GOWDA SINCE DEAD BY LEGAL REPRESENTATIVE SMT. DHANALAKSHMI AGED ABOUT 63 YEARS W/O LATE KAPANIPATHI SRI. CHANNAKESHAVA NILAYA 3RD MAIN, 2ND CROSS SIDDESHWARANAGAR VIDYANAGAR POST SHIVAMOGGA DISTRICT - 577 201. …PETITIONER (BY SRI. GURUPRASAD HEGDE, ADVOCATE FOR SRI. S V PRAKASH, ADVOCATE) AND: 1. STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY DEPARTMENT OF HIGHER EDUCATION M.S.BUILDING BENGALURU - 560 001. 2. THE DIRECTOR / COMMISSIONER DEPARTMENT OF COLLEGIATE EDUCATION, Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:39529 WP No. 3347 of 2019 PALACE ROAD BENGALURU - 560 009. 3. CBR NATIONAL COLLEGE OF LAW BALRAJ URS ROAD SHIVAMOGGA CITY - 577 201 REPRESENTED BY ITS PRINCIPAL 4. NATIONAL EDUCATION SOCIETY (R) BALRAJ URS ROAD SHIVAMOGGA CITY - 577 201 REPRESENTED BY ITS PRINCIPAL …RESPONDENTS (BY SRI. B.J. ESHWARAPPA, AGA FOR R1 & R2. R3 & R4 ARE SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO COMMAND THE RESPONDENTS TO RE-FIX THE PENSION BY TAKING INTO CONSIDERATION THE QUALIFYING SERVICES HE RENDERED TO THE FOURTH RESPONDENT FROM 01.10.1967 TILL THE DATE OF RETIREMENT ON 31.07.2004 AND TO PAY HIM ARREARS OF PENSION PAYABLE TO HIM AS ON THE DATE OF HIS RETIREMENT WITH INTEREST AT THE RATE OF 15% TILL PAYMENT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI - 3 - HC-KAR NC: 2025:KHC:39529 WP No. 3347 of 2019 ORAL ORDER This writ petition is filed by the petitioner seeking the following reliefs: a) Issue a writ in the nature of mandamus commanding the respondents to re-fix the pension by taking into consideration the qualifying services he rendered to the fourth respondent from 01.10.1967 till the date of retirement on 31.07.2004 and to pay him arrears of pension payable to him as on the date of his retirement with interest at the rate of 15% till payment. b) Issue any other appropriate writ or order or direction as this Hon'ble Court deems it appropriate in the admitted facts and circumstances of the case in the interest of justice; c) Pass such other suitable orders as this Hon'ble Court deems it appropriate in the attendant circumstances and facts of the case; d) Award the cost of the proceedings. 2. It is the case of the petitioner that the petitioner was appointed as peon by the fourth respondent - 4 - HC-KAR NC: 2025:KHC:39529 WP No. 3347 of 2019 on 01.10.1967 and posted him to work as such in the third respondent - college. The third respondent - college was admitted to grant-in-aid on 10.10.1991. The petitioner having attained the age of superannuation retired from service of third respondent college on 31.07.2004. On 16.05.2005, the petitioner got issued a legal notice calling upon the second respondent to settle his retirement benefits including the pension. 3. The respondent No.2 issued an endorsement declined to grant pension to the petitioner on the ground that the petitioner did not render minimum services of 15 years after the college admitted to grant-in-aid vide endorsement dated 08.09.2005. The petitioner aggrieved by the endorsement issued by the second respondent filed the writ petition in W.P.No.11582 of 2007 before this court. This Court vide order dated 05.01.2011 allowed the writ petition and directed the respondents to re-compute the pensionary benefit by considering the services - 5 - HC-KAR NC: 2025:KHC:39529 WP No. 3347 of 2019 rendered by the petitioner in the third respondent college from 01.10.1967 till his retirement on 31.07.2004. 3. The respondents did not comply the order passed by the Co-ordinate bench in W.P.No.11582 of 2007. The petitioner initiated the contempt proceedings in CCC No. 333 of 2012 against the respondents. The second respondent submitted proposal to the Accountant General, Karnataka, Bengaluru requesting to pay the pensionary benefits to the petitioner as per the order passed in the aforesaid petition. The petitioner was intimated the grant of pensionary benefit. The petitioner having noticed that the re-computation of pensionary benefits by the respondents is not in accordance with the order passed by this Court in the aforesaid writ petition. Hence, the petitioner filed this writ petition. 4. Heard the learned counsel for the petitioner and learned Additional Government Advocate for the respondents. - 6 - HC-KAR NC: 2025:KHC:39529 WP No. 3347 of 2019 5. The learned counsel for the petitioner submits that this court in W.P.No.11582 of 2007 filed by the petitioner has directed respondents 1 and 2 to re-compute the pensionary benefits by taking into account the services of the petitioner from the date of entry into service i.e., 01.10.1967 till the date of retirement within 4 months from the date of receipt of copy of this order. After the disposal of the said writ petition, the petitioner submitted a representation to re-compute the pensionary benefits. Respondents 1 and 2 declined to re-compute the pensionary benefits. The respondents have not complied with the order passed by this Court. Hence, on these grounds, he prays to allow the writ petition. 6. Per contra, learned Additional Government Advocate supports the action of the respondents and contended that the respondents 1 and 2 have rightly computed the pensionary benefits. Hence, the petitioner is not entitled to re-compute the pensionary benefits with - 7 - HC-KAR NC: 2025:KHC:39529 WP No. 3347 of 2019 effect from the date of joining the service. Hence, on these grounds, he prays to dismiss the writ petition. 7. Perused the records and considered the submissions of the learned counsel for the parties. 8. There is no dispute regarding the appointment of the petitioner in the third respondent college as a peon in the year 1967, and he was superannuated in the year 2004. The petitioner issued a legal notice to the respondents to compute the pensionary benefits with effect from the date of joining the service. The respondents 1 and 2 declined to consider the services rendered by the petitioner from the date of joining the service till the date of retirement. The petitioner aggrieved by the inaction on the part of the respondents in declining to compute the pensionary benefits from the date of joining service filed a writ petition before this Court in W.P. No.11582 of 2007. - 8 - HC-KAR NC: 2025:KHC:39529 WP No. 3347 of 2019 9. The Co-ordinate bench of this Court, vide order dated 05.01.2011 allowed the writ petition and passed endorsement vide Annexure-D dated 08.09.2005 and directed the respondents 1 and 2 to re-compute the pensionary benefits by taking into the account the services of the petitioner from the date of entering into services i.e., on 01.10.1969 till the date of retirement. The said order was not complied by respondents 1 and 2. 10. The petitioner filed the contempt proceedings in CCC No.333 of 2012. The second Respondent submitted a proposal to the Accountant General, Bengaluru, Karnataka, requesting to pay the pensionary benefits to the petitioner as per the order passed in the aforesaid writ petition. Respondents 1 and 2, despite direction issued by the Co-ordinate bench of this Court, did not comply the order passed by the Co-ordinate bench. The order passed in the aforesaid writ petition has attained a finality. The respondents should have re-computed the pensionary benefit from the date of joining service i.e., from - 9 - HC-KAR NC: 2025:KHC:39529 WP No. 3347 of 2019 01.10.1967 till the date of his retirement. The action of the respondents in not re-computing the pensionary benefits from the date of entering into service is arbitrary and erroneous, and it is contrary to the order passed by this Court in the aforesaid writ petition. The petitioner died during the pendency of the writ petition, and his legal representatives were brought on record. 11. In view of the above discussion, I proceed to pass the following order: ORDER i. Writ petition is allowed. ii. The respondents are directed to re-compute the pension by taking into consideration as per the order dated 05.01.2011 passed in W.P.No.11582 of 2007 i.e., from 01.10.1967 till the date of retirement i.e., on 31.07.2004 and to pay the arrears of pension to legal representatives of the petitioner as of the - 10 - HC-KAR NC: 2025:KHC:39529 WP No. 3347 of 2019 date of his retirement with interest at the rate of 6 % per annum. iii. Respondents 1 and 2 are directed to re-compute the pensionary benefits within 3 months from the date of receipt of copy of this order. iv. In view of disposal of the petition, I.A.No.1 of 2025 does not survive for consideration. Accordingly, disposed of. Sd/- (ASHOK S.KINAGI) JUDGE sks List No.: 1 Sl No.: 6