- 1 - HC-KAR NC: 2025:KHC-D:15861 WP No. 101972 of 2022 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 19TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 101972 OF 2022 (S-R) BETWEEN: SRI. SHINAPPA S/O. NANJAPPA VENKANAVAR, AGED 61 YEARS, OCC:RETIRED TEACHER, R/O: HONNALLI BEHIND LIC II CROSS HIREMATH, HONNALLI, TQ: HONNALLI, DIST: DAVANAGERI. …PETITIONER (BY SRI.SOURABH SONDUR, ADVOCATE FOR SRI. K.L.PATI, ADVOCATE) AND: 1. THE COMMISSIONER FOR PUBLIC INSTRUCTIONS DHARWAD 2. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS, HAVERI 581111. 3. THE BLOCK EDUCATION OFFICER HIREKERUR, DIST.HAVERI 581111. 4. THE SECRETARY SECRETARY OF EDUCATIONAL INSTITUTION OF HIREKERUR TALUKA VIDYAVARDHAKA SOUVARADHA SAHAKARI LTD, HIREKERUR, R/O: HIREKERURU, TQ. HAVERI, DIST.HAVERI 81111. 5. THE PRESIDENT PRESIDENT OF EDUCATIONAL INSTITUTION OF HIREKERUR TALUKA VIDYAVARDHAKA SOUVARADHA SAHAKARI LTD, HIREKERUR, Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:15861 WP No. 101972 of 2022 R/O: HIREKERURU, TQ. HAVERI, DIST.HAVERI 81111 6. THE HEAD MASTER, MALLIKARJUN HIGH SCHOOL,HOSAHALLI RUN BY THE HIREKERUR TALUKA VIDYAVARDHAKA SOUVARADHA SAHAKARI LTD, HIREKERUR, R/O HIREKERURU, TQ. HAVERI, DIST.HAVERI 81111. 7. THE HEAD MASTER, SHRI RENUKA HIGH SCHOOL CHIKK-KABBAR RUN BY THE HIREKERUR TALUKA VIDYAVARDHAKA SOUVARADHA SAHAKARI LTD, HIREKERUR, R/O HIREKERURU, TQ. HAVERI, DIST.HAVERI 81111. …RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1 TO R3; SRI. SUNIL S. DESAI, ADVOCATE FOR R4 TO R7) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO: (A) QUASH THE IMPUGNED NOTICE ISSUED BY THE 4TH RESPONDENT UNDER REF NO.27/2017-18 DATED 31/07/2017 VIDE ANNEXURE-N AND NOTICE ISSUED BY THE 5TH RESPONDENT UNDER REF NO.53/2017-18 DATED 31/10/2017 VIDE ANNEXURE-R RESPECTIVELY, IN THE INTEREST OF JUSTICE AND EQUITY. (B) DIRECT THE RESPONDENT NO.4 AND 5 TO CONSIDER THE LETTER WRITTEN BY THE PETITIONER DATED 14/07/2021 VIDE ANNEXURE-T1, AS WELL AS CONSIDER THE LETTERS WRITTEN BY THE 2ND RESPONDENT UNDER SANKHE/J1/ KHA.PROU.SHA/SHIKSAKR/DOORU/03/2021-22/736 DATED 05/08/2021 VIDE ANNEXURE-U AND UNDER SANKHE/J1/KHA.PROU.SHA/ SHIKSAKR/DOORU/03/ 2021-22/1386 DATED 13/10/2021 VIDE ANNEXURE-U1 RESPECTIVELY. - 3 - HC-KAR NC: 2025:KHC-D:15861 WP No. 101972 of 2022 (C) DIRECT THE 6TH RESPONDENTS TO SUBMIT THE ENTIRE ALL CORRECT PENSION PAPERS PERTAINING TO THE PETITIONER TO 3RD RESPONDENT TO FIX THE PENSION AS EARLY AS POSSIBLE. THIS WRIT PETITION, COMING ON FOR HEARING 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: (A) “Quash the impugned notice issued by the 4th respondent under Ref No.27/2017-18 dated 31/07/2017 vide Annexure-N and notice issued by the 5th respondent under Ref No.53/2017-18 dated 31/10/2017 vide Annexure-R respectively, in the interest of justice and equity. (B) Direct the respondent No.4 and 5 to consider the letter written by the petitioner dated 14/07/2021 vide Annexure-T1, as well as consider the letters written by the 2nd respondent under SANKHE/J1/KHA.PROU.SHA/ SHIKSAKR/DOORU/03/2021-22/736 dated 05/08/2021 VIDE ANNEXURE-U and under SANKHE/J1/KHA.PROU.SHA/ SHIKSAKR/ DOORU/03/ 2021-22/1386 dated 13/10/2021 vide ANNEXURE-U1 respectively. (C) Direct the 6th respondents to submit the entire all correct pension papers pertaining to the petitioner to 3rd respondent to fix the pension as early as possible. (D) Pass such order or orders which this Hon’ble court deems fit and necessary under the facts and circumstances of the case.” - 4 - HC-KAR NC: 2025:KHC-D:15861 WP No. 101972 of 2022 2. Heard Sri Sourabh Sandur for Sri K.L. Patil, learned counsel for the petitioner; Smt. Girija S. Hiremath, learned HCGP for respondent Nos.1 to 3; and Sri Sunil S. Desai, learned counsel for respondent Nos.4 to 7. 3. Facts in brief germane to the lis are as follows: The petitioner was appointed as an Assistant Teacher in Kannada by respondent No.5 - the President of Hirekerur Taluka Vidyavardhaka Souvaradha Sahakari Ltd i.e., Educational Institution. The Head Master of the educational institution is respondent No.6. The petitioner joined service on 18.07.1987. The petitioner is stated to be suffering from a disability to the extent of 40%, as certified by the State Government on 11.03.1998, which reiterates an earlier certification of disability. 4. Owing to his disability, the petitioner sought certain benefits available to disabled employees. His communications were considered by the Government, and he was granted income tax exemption and travelling allowance, both on the ground of his 40% disability. The disability of the petitioner has never been disputed either by the management or by the State Government. However, respondent No.6—the management, appears to have - 5 - HC-KAR NC: 2025:KHC-D:15861 WP No. 101972 of 2022 awakened to this issue in 2017, i.e., 24 years after the Government itself had granted such benefits based on the petitioner’s representations. The management issued a notice in 2017 contending that the petitioner had directly communicated with the Government, which allegedly ought not to have been done, and sought recovery of Rs.1,71,000/– said to have been received by the petitioner as tax and travelling allowance benefits. The management contended that such representations should have been routed through it and not sent directly. 5. The petitioner submitted his reply, wherein he accepted his mistake in directly communicating with the Government and pleaded ignorance, stating that he genuinely believed the applications were required to be submitted directly. The State never objected to the manner of communication and in fact granted the benefits. The objection appears to be a result of the management’s ego rather than any legal infirmity. 6. The petitioner retired on attaining the age of superannuation on 31.05.2021. Prior to his retirement, the management processed his papers and forwarded them to the State for release of pension, while noting the alleged excess - 6 - HC-KAR NC: 2025:KHC-D:15861 WP No. 101972 of 2022 amount of Rs.1,71,000/– towards travelling allowance and tax deductions. 7. Thereafter, extensive correspondence ensued between the State and the management. Amidst this correspondence, the casualty has been the non-payment of pension to the petitioner. It is alleged that the petitioner did not sign the pension papers because two components, i.e., travelling allowance and tax benefit, were proposed to be deducted, and he insisted on full pension. This led to the filing of the present petition on 25.05.2022. This Court passed an order on 07.08.2023, which reads as follows: “Learned HCGP on instructions and on verification of records would submit that despite a communication on 05.06.2021, the Institution has not sent the relevant records to the State concerning the petitioner for processing the pension to be paid to the petitioner. The petitioner has retired from the Institution on 31.05.2021. Within one month, it was the bounden duty of the respondent Institution to transmit the papers for processing the pension to be paid to the petitioner. But two years have lapsed and till now the allegation is no papers are sent by the fifth respondent, which is an Institution is receiving the grant from the hands of the State. In the event the fifth respondent would not send the papers within one week from today, the State shall take steps to stop the grants to the sixth respondent. List the matter on 23.08.2023.” - 7 - HC-KAR NC: 2025:KHC-D:15861 WP No. 101972 of 2022 8. On 27.09.2023, this Court passed the following order: “The petitioner shall receive all the terminal benefits that he is entitled to without prejudice to the contentions in the petition of a higher pension or other terminal benefits. Learned AGA to secure instructions with regard to statue of processing of the papers of pension of the petitioner by the next date of hearing. List this matter on 09.10.2023 in the fresh matters list.” 9. Again, on 27.10.2025, this Court passed the following order: “The petitioner is a retired employee, is before this Court seeking release of his pension, notwithstanding his retirement on attaining the age of superannuation four years ago. The institution in which the petitioner had served has recommended grant of pension, barring two disputed components which, according to the institution, were overdrawn by the petitioner beyond his entitlement. The State has been sitting over the petitioner’s pension file for the last four years, despite his submission that, barring the two disputed components, pension could be sanctioned. Accordingly, list this matter on 06.11.2025 in the fresh matters list. In the event the pension is not released to the petitioner by the next date of hearing, exemplary costs shall be imposed upon the officer responsible for - 8 - HC-KAR NC: 2025:KHC-D:15861 WP No. 101972 of 2022 withholding the petitioner’s pension file, in addition to directing payment of interest on the delayed release. List this matter on 06.11.2025”. 10. Despite the aforesaid orders beginning from 07.08.2023, the petitioner has still not been paid pension. The non-payment appears to be solely on account of the proposed deduction of the two components, referred to herein above. 11. For the aforesaid reasons, the following order is passed: ORDER i. The writ petition is allowed with costs of RS.50,000/–, to be paid to the petitioner by respondent No.6–management. ii. The impugned communications and the impugned orders stand quashed. iii. The pension payable to the petitioner shall be processed and released by the State within an outer limit of eight weeks from the date of receipt of a copy of this order. - 9 - HC-KAR NC: 2025:KHC-D:15861 WP No. 101972 of 2022 iv. The said amount shall carry interest at 6% per annum from the date it fell due till the date of actual payment. v. The arrears of pension shall also carry interest as directed above. vi. In the event the pension amount is not released within the outer limit of eight weeks, the petitioner shall be entitled to interest at 18% per annum and further costs of Rs.1,000/– for every day’s delay until the pension reaches the petitioner. Sd/- (M.NAGAPRASANNA) JUDGE AC CT:ANB List No.: 1 Sl No.: 4