- 1 - HC-KAR NC: 2025:KHC-D:13458 WP No. 107168 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 25TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.107168 OF 2025 (S-R) BETWEEN: SRI. BASANAGOUDA S. HIREGOUDAR, AGE. 73 YEARS, OCC. RETD. PRINCIPAL IN GSS, COMPOSITE PU COLLEGE, YALIWAL, TQ. KUNDAGOL, DIST. DHARWAD 581113. …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, BANGALURU 560001. 3. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:13458 WP No. 107168 of 2025 DEPARTMENT OF EDUCATION, (PRE UNIVERSITY), VIDHANA SOUDHA, BANGALURU 560001. 4. THE JOINT DIRECTOR DEPARTMENT OF EDUCATION (PRE UNIVERSITY), COLLEGE ROAD, DHARWAD 580008. 5. THE ACCOUNTANT GENERAL IN KARNTAKA (A AND E), PARK HOUSE ROAD, BANGALURU 560001. …RESPONDENTS (BY SRI. P.N. HATTI, HCGP FOR R1 TO R5) THIS WP 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 COMMUNICATION OF PENSION HAVING ALREADY BEEN RECOVERED FROM THE PETITIONER WHO HAS PAID MORE THAN 10 YEARS AND 8 MONTS 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 AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:13458 WP No. 107168 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 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. - 4 - HC-KAR NC: 2025:KHC-D:13458 WP No. 107168 of 2025 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 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. - 5 - HC-KAR NC: 2025:KHC-D:13458 WP No. 107168 of 2025 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. Sd/- (SURAJ GOVINDARAJ) JUDGE AM CT:PA List No.: 1 Sl No.: 76