- 1 - HC-KAR NC: 2025:KHC-D:14438 WP No. 106958 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 28TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 106958 OF 2025 (S-R) BETWEEN: SHRI MAHABUB DASTAGIR PAKALI S/O DASTAGIR PAKALI, AGE. 72 YEARS, SHIRASTEDAR, JUDICIARY DEPARTMENT, #1625, MARGAL ROAD, KAKATI, BELGAUM DIST PIN. 591113. …PETITIONER (BY SRI. VIJAYA KUMAR, ADVOCATE) 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, BELAGAUM DISTRICT. 3. THE ACCOUNTANT GENERAL (A & E) KARNATAKA PARK HOUSE, BENGALURU- 560001. …RESPONDENTS (BY SRI. GIRIJA S. HIREMATH, HCGP FOR R1 TO R3) Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:14438 WP No. 106958 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF CONSTITUTION OF INDIA IS PRAYING TO, (I) 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, OR IN THE ALTERNATIVE DIRECT THE RESPONDENT NO.3 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 (II) TO CONSIDER THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 16.01.2025 (VIDE ANNEXURE-E), IN ACCORDANCE WITH LAW, WITHIN A TIME FRAME SPECIFIED BY THIS HON’BLE COURT. (III) TO PASS SUCH OTHER ORDER AS THIS HON’BLE TRIBUNAL DEEMS FIT IN THE FACTS AND CIRCUMSTANCES OF THE CASE. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court seeking the following prayer: i. 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, OR in the alternative direct the Respondent No.3 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 - 3 - HC-KAR NC: 2025:KHC-D:14438 WP No. 106958 of 2025 (ii) To consider the representation submitted by the petitioner dated 16.01.2025 (vide Annexure-E), in accordance with law, within a time frame specified by this Hon’ble court. (iii) To pass such other order as this Hon’ble tribunal deems fit in the facts and circumstances of the case. 2. Heard learned counsel Sri.Vijaykumar for the petitioner and the learned HCGP appearing for the respondent- State. 3. The learned counsel appearing for the petitioner submits that the petitioner venting out his grievance after his retirement, has submitted certain representation seeking release of committed value of pension along with regular pension. The representation is not considered and therefore the petitioner is before this Court in this subject petition. The learned counsel appearing for the petitioner submits that in identical circumstances, the Co-ordinate Bench of this Court in W.P.No.107063/2025 disposed of on 24.09.2025, has held as follows: 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 - 4 - HC-KAR NC: 2025:KHC-D:14438 WP No. 106958 of 2025 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. 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 a period of six weeks from the date of receipt of a copy of this order. iii. iii. Needless to say, until such representation is considered and order is passed no recovery can be made from the petitioner.” - 5 - HC-KAR NC: 2025:KHC-D:14438 WP No. 106958 of 2025 4. The learned HCGP would submit that, if reasonable time is granted, the representation of the petitioner would merit its consideration in accordance with law. 5. In the light of the said submission, I deem it appropriate to dispose the petition without entering into the entitlement of the petitioner, with a direction to dispose the representation of the petitioner, within an outer limit of 8 weeks from the date of receipt of certified copy of this order, if not earlier. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE KGK List No.: 1 Sl No.: 5