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2025 DAILYLAW 55763 (KAR)

SRI. SHIVAKUMAR. N v. THE STATE OF KARNATAKA

WP/24324/2025 · 2025-09-25

Pradeep Singh Yerur

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:39108 WP No. 24324 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO.24324 OF 2025 (L-PF) BETWEEN: SRI SHIVAKUMAR N. S/O.NANJAPPA N. AGED ABOUT 59 YEARS R/AT NO.835, 8TH CROSS 8TH MAIN, SRINAGAR BSK 1ST STAGE BENGALURU-560 050 … PETITIONER (BY SRI S.RAJASHEKAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY THE REVENUE SECRETARY VIDHANA SOUDHA AMBEDKAR VEEDHI BENGALURU-560 001 2. THE ASSISTANT P F COMMISSIONER (PENSION) NO.570, RAJARAJESHWARI REGENCY NEAR RAJARAJESHWARI TEMPLE 26TH CROSS, IDEAL HOME CO-OP. SOCIETY LAYOUT RAJARAJESHWARI NAGAR MYSORE ROAD BENGALURU-560 098 3. THE ASSISTANT P F COMMISSIONER (PENSION) BHAVISHYA NIDHI BHAVAN Deleted as per PLOT NO.222, SECTOR NO.3 the Court's order CHARKOP MARKET dated:25.09.2025 Digitally signed by B LAVANYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:39108 WP No. 24324 of 2025 MALAD, KANDIVALI (WEST) MAHARASHTRA-400 067 … RESPONDENTS (BY SRI.RAJENDRA K.R., AGA FOR R-1; SMT.NANDITA HALDIPUR, ADVOCATE FOR R-2; R-3 IS DELETED V/O. DATED 25.09.2025) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT RESPONDENT NOS.2 AND 3 TO CONSIDER REPRESENTATION DATED 27.07.2023 AT ANNEXURE-H FOR SEEKING MERGER OF EPF SERVICE AND REVISION OF PENSION IN FAVOUR OF THE PETITIONER HEREIN AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR ORAL ORDER Heard learned counsel for petitioner, learned Additional Government Advocate for respondent No.1 and learned counsel for respondent No.2. 2. It is the case of the petitioner that he joined as a Technical Assistant at KEONICS in the year 1985 and he continued service from 1985 to 2002 for a period of 17 years. Thereafter, the petitioner joined Reliance Infocom in the year 2002 as an Assistant Engineer, wherein his tenure was from 2002 to 2013. Subsequently, he worked - 3 - HC-KAR NC: 2025:KHC:39108 WP No. 24324 of 2025 at Alcatel Lucent Managed Solutions India Pvt. Ltd. during 2013-2014. Thereafter, the petitioner requested for sanctioning pension, which came to be accorded by respondent No.2 for the services rendered by him at KEONICS. The petitioner accordingly submitted his Pension Scheme Certificate. He also received the Pension Scheme Certificate from the Office of the Employees Provident Fund Organisation, Maharashtra for the services from 01.07.2002 to 04.12.2014 at Reliance Infocom, Reliance Communications and Alcacet Lucent Managed Solutions India Pvt. Ltd. 3. The petitioner made a request to issue consolidated/Revised Pension Scheme Certificate, which was not accorded from the office of respondent No.2 on the premise that the reminders have been sent to the Assistant Provident Fund Commissioner, Maharashtra. Therefore, the petitioner made a representation dated 27.07.2023 to respondent No.2 seeking to issue consolidated/Revised Pension Scheme Certificate for - 4 - HC-KAR NC: 2025:KHC:39108 WP No. 24324 of 2025 merger of both the pension Scheme Certificate. Since this was not considered, the petitioner has filed the present petition for inaction of respondent No.2 for not having considered his representation dated 27.07.2023. 4. Learned counsel for respondent No.2 denies the contentions put-forth by learned counsel for petitioner and contends that the petitioner would have been given the benefits as per the requirements of law and if at all any such thing is eligible for merger of Pension Scheme Certificate, the same would be considered in accordance with law. 5. Having heard learned counsel for petitioner and learned counsel for respondent No.2, this Court deems it appropriate to direct respondent No.2 to consider the representation of the petitioner dated 27.07.2023 in accordance with law and in the manner known to law. - 5 - HC-KAR NC: 2025:KHC:39108 WP No. 24324 of 2025 Accordingly, I pass the following: ORDER i) This petition is allowed; ii) A writ of mandamus is issued to respondent No.2 to consider the representation of the petitioner dated 27.07.2023 vide Annexure-H in accordance with law and pass suitable orders within a period of two months from the date of receipt of a copy of this order. Sd/- (PRADEEP SINGH YERUR) JUDGE LB List No.: 1 Sl No.: 30