- 1 - HC-KAR NC: 2025:KHC-D:18219 WP No. 106298 of 2024 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 15TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 106298 OF 2024 (S-R) BETWEEN: SRI. M HEMAPPA S/O. M. KARIYAPPA, AGE ABOUT 60 YEARS, OCC. RETIRED CHEMISTRY LECTURE, R/O. NEAR WADEYAR HOSPITAL, VIDHYA NAGAR, HARUGERI VILLAGE, TQ. RAIBAG, DIST. BELAGAVI-591317 …PETITIONER (BY SRI. M.N.PATIL, ADVOCATE) AND: 1. THE SECRETARY DEPARTMENT OF SCHOOL EDUCATION (PRE-UNIVERSITY) M.S. BUILDING, BENGALURU-01 2. DEPUTY DIRECTOR OF PRE-GRADUATE EDUCATION NEAR RTO OFFICE NEW BUILDING CHIKODI, TQ. CHIKODI, DIST. BELAGAVI-591201 Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:18219 WP No. 106298 of 2024 3. THE PRINCIPAL, SHRI VRISHABHENDRA EDUCATION SOCIETY P.U. COLLEGE, HARUGERI, TQ. RAIBAG, DIST. BELAGAVI-591220 4. THE CHAIRMAN, SHRI VRISHABHENDRA EDUCATION SOCIETY, P.U. COLLEGE, HARUGERI, TQ. RAIBAG, DIST. BELAGAVI-591220 …RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1 AND R2, SRI. MALLIKARJUN S. HIREMATH, ADV. FOR R3 AND R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF MANDAMUS, DIRECTING THE RESPONDENTS 3 AND 4 SUBMIT SERVICE REGISTER OF PETITIONER THROUGH YOUR INSTITUTION TO THE CONCERNED EDUCATIONAL AUTHORITIES FOR SANCTION OF PENSION AND OTHER SERVICE BENEFITS TO THE PETITIONER AT THE EARLIEST AND ETC. THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:18219 WP No. 106298 of 2024 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, order or direction in the nature of mandamus, directing the respondents 3 and 4 submit service register of petitioner through your institution to the concerned educational authorities for sanction of pension and other service benefits to the petitioner at the earliest. to consider the representation made by the petitioner dated 01-04- 2024, 08-04-2024, 15-04-2024, and 01-06-2024 submitted to respondent No.3 and 4 herein is produced as Annexure-B, B1, B2 and B3. b) any other writ or direction which this honoubale court deems fit to grant in the facts and circumstances of the case may kindly be granted in favour of the petitioners along with the cost of this petition in the ends of justice and equity.” 2. This Court has passed slew of orders owing to the fact that the pension was not settled in per the petitioner. Rs.50,000/- cost was also imposed upon the management after the submission of the counsel for the petitioner that papers were not furnished. Papers were in fact immediately furnished after the petitioner had signed the papers. Therefore, this Court had passed the following order on 19.02.2025. The petitioner a retired teacher is at the doors of this Court wanting to get his pension, as the pension is not settled despite retirement happening 8 months ago. - 4 - HC-KAR NC: 2025:KHC-D:18219 WP No. 106298 of 2024 The petitioner retires on attaining the age of superannuation from the third respondent-Institution on 31.05.2024. In terms of the extant Rules, it is incumbent upon the Institution to keep the documents ready, month prior to the date of retirement, so that a retired employee would peacefully retire and receive his pension. This is seldom done in any quarters of the State. The classic illustration of such delay is the subject case. The management takes 7 months to communicate the documents that are already available with it to the State to process the papers of pension. It is for the first time after this Court issued notice, the management has forwarded the papers of pension on 10.12.2024, which has reached the competent authority on 12.12.2024. Today, we are at 19.02.2024, no pension is paid to the petitioner, which is left him in the lurch. Therefore, the learned HCGP has gone on stating that the pension would be paid by the next date of hearing. This Court on 17.01.2025, had passed the following order: “Learned counsel Shri Mallikarjun S.Hiremath undertakes to appear for respondent Nos.3 and 4. The Registry to print his name in the cause list as appearing for respondent Nos.3 and 4. The petitioner is before this Court on the ground that his terminal benefits are not settled despite his retirement close to nine months. The records of the petitioner are to be sent by respondents 3 and 4 to the State to process and disburse the pension of the petitioner. Respondent Nos.3 and 4 have not yet sent the requisite papers to the hands of the second respondent to process the pension papers. Therefore, respondent Nos.3 and 4 shall forthwith furnish the papers to the second respondent latest by the next date of hearing, failing which, the matter would be viewed seriously and coercive arm of law would be unleashed against respondent Nos.3 and 4 qua the grants that are from the hands of the State. - 5 - HC-KAR NC: 2025:KHC-D:18219 WP No. 106298 of 2024 List the matter on 25.01.2025 in the fresh matters list”. It was already observed that the coercive of arm of law would be unleashed against respondents in the event pension papers are not furnished or not transmitted or pension is not paid. Therefore, the petitioner becomes entitled to costs assessed at Rs.1,000/- per day, from 12.01.2025 till the pension is paid to the petitioner, apart from the interest that he would get on pension payment from 31.05.2024 till the date the pension reaches the petitioner. The costs are to be paid by the officer, who has kept the file pending from 12.01.2025, without processing the pension papers. Insofar as the role of the management is concerned for having kept the papers of the petitioner pending for seven months, cost of Rs.50,000/- is imposed upon the management to be paid to the petitioner. It is open for the State to recover the same from the hands of the management in a manner known to law. Heard in part. List the matter for further hearing on 07.03.2025. 3. The amount is now paid to the petitioner. The petitioner claims that it is short paid. 4. In that light, the petition stands disposed, reserving liberty to the petitioner to challenge the said short payment in the event of him being aggrieved. 5. Insofar as the imposition of cost of Rs.50,000/-, in the light of no fault being found of the management, as it was the petitioner who did not sign the papers immediately, the cost - 6 - HC-KAR NC: 2025:KHC-D:18219 WP No. 106298 of 2024 of Rs.50,000/- that was imposed stands recalled and even the costs that is imposed upon the State at Rs.1,000/- per day also stands recalled, all for the folly of the petitioner of not signing the papers at the relevant point and time. 6. Reserving liberty to challenge the action, the petition stands disposed. Sd/- (M.NAGAPRASANNA) JUDGE RSH / CT: ANB LIST NO.: 1 SL NO.: 77