- 1 - HC-KAR NC: 2025:KHC-D:16798 WP No. 109060 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 1ST DAY OF DECEMBER 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 109060 OF 2025 (S-RES) BETWEEN: 1. SRI. YELLAPPA MAHADEVAPPA NITTUR, AGE: 71 YEARS, OCC: RETD AS SR. MECH, AT HESCOM URBAN DIVN, NAVANAGAR, HUBBALLI, DIST: DHARWAD-581 113. 2. SRI. NAZEER AHMED RITTI, AGE: 71 YEARS, OCC: RETD AS JR ASSISTANT, AT HESCOM URBAN DIVN, NAVANAGAR, HUBBALI, DIST: DHARWAD-581113. 3. SRI. HANMANTH K. KALBURGI, AGE: 71 YEARS, OCC: RETD AS JE(ELE), AT TL AND SS KPTCL, NAVANAGAR, HUBBALLI, DIST: DHARWAD-581113. 4. SRI. MEHABOOBSAB LADSAB BUDANKHAN, AGE: 70 YEARS, OCC: RETD AS SAGR-1, AT TL AND SS KPTCL, NAVANAGAR, HUBBALLI, DIST: DHARWAD-581113. 5. SRI. KEDARABA @ KEDAREPPA P. PATADARI, AGE: 70 YEARS, OCC: RETD AS JE (EL), AT TL AND SS KPTCL, NAVANAGAR, HUBBALLI, DIST: DHARWAD - 581 113. 6. SRI. NAGAPPA BASAPPA TIRUMALAKOPPA, AGE: 68 YEARS, OCC: RETD AS JEE, AT MWD, KPTCL, NAVANGAR, HUBBALLI, DIST: DHARWAD-581 113. …PETITIONERS (BY SRI. P. G. CHIKKANARAGUND, ADVOCATE) Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:16798 WP No. 109060 of 2025 AND: 1. THE STATE OF KARNATAKA REP BY ITS CHIEF SECRETARY, FINANCE DEPARTMENT, VIDHANA SOUDHA, BANGALURU-5600001. 2. THE MANAGING DIRECTOR, K. P. T. C. L. KAVERI BHAVAN, BANGALURU-560009. 3. THE MANAGING DIRECTOR, HESCOM, NAVANAGAR, HUBBALLI-580001. 4. THE GENERAL MANAGER ADMINISTRATION AND HUMAN RESOURNCES, DEPARTMENT (HRD), HESCOM, NAVANAGAR, HUBBALLI-580001. 5. THE FINANCIAL ADVISOR AND MANAGING TRUSTEE, PENSION AND GRATUITY TRUSTS, 6TH FLOOR, KAVERI BHAVAN, BANGALURU-560009. 6. THE EXECUTIVE ENGINEER HESCOM (URBAN) POWER HOUSE COMPOUND, MANTUR ROAD, HUBBALLI. 7. THE EXECUTIVE ENGINEER, HESCOM (RURAL), POWER HOUSE COMPOUND, MANTUR ROAD, HUBBALLI. …RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO: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 COMMUTATION AMOUNT PAID TO THE PETITIONERS IN MONTHLY INSTALLMENT FROM PENSION PAYABLE TO THE PETITIONERS AND TO EXTEND ALL - 3 - HC-KAR NC: 2025:KHC-D:16798 WP No. 109060 of 2025 CONSEQUENTIAL BENEFITS ARISING THERETO VIDE ANNEXURE-A, IN THE INTEREST OF JUSTICE AND EQUITY. ISSUE ANY OTHER ORDER OR DIRECTION, DIRECTING THE RESPONDENTS TO STOP THE MONTHLY INSTALLMENTS AFTER COMPLETION OF 10 YEARS AND 8 MONTHS (128 MONTHS) FROM THE PETITIONERS PENSION AS PER THE REPRESENTATION DATED 30/08/2025 VIDE ANNEXURE-D AND DIRECT THE RESPONDENT NO.2 TO 7 TO PAY FULL PENSION TO THE PETITIONERS. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioners are before this Court seeking the following prayer: 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 commutation amount paid to the petitioners in monthly installment from pension payable to the petitioners and to extend all consequential benefits arising thereto vide Annexure-A, in the interest of justice and equity. B) Issue any other order or direction, directing the respondents to stop the monthly installments after completion of 10 years and 8 months (128 months) from the petitioners pension as per the representation dated 30/08/2025 vide Annexure-D and direct the respondent no.2 to 7 to pay full pension to the petitioners. 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:16798 WP No. 109060 of 2025 2. Heard the learned counsel appearing for the petitioners and the learned HCGP for the respondents. 3. The learned counsel for the petitioners submits that in identical circumstance the Co-ordinate Bench of this Court in Writ Petition No.107168/2025 disposed on 25.09.2025 has passed the following order: “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. - 5 - HC-KAR NC: 2025:KHC-D:16798 WP No. 109060 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. 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.” 4. The learned HCGP would not dispute the position as is considered by the Co-ordinate Bench. 5. In that light, I deem it appropriate to pass the following: ORDER i. The writ petition is allowed. - 6 - HC-KAR NC: 2025:KHC-D:16798 WP No. 109060 of 2025 ii. A mandamus is issued directing the respondents to consider the representation dated 30.08.2025 submitted by the petitioners 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 shall be made from the petitioners. Sd/- (M.NAGAPRASANNA) JUDGE Kmv CT:ANB