ISHWARAPPA MAHALINGAPPA KOLHAR v. DIRECTOR OF TECHNICAL EDUCATION
WP/105753/2024 · 2025-01-06
M Nagaprasanna
body2025
DailyLaw.ai
[ 2025 DAILYLAW 6989 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 6989 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC-D:5 WP No. 105753 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 6TH DAY OF JANUARY, 2025
BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
WRIT PETITION NO.105753 OF 2024 (S-R)
BETWEEN:
ISHWARAPPA MAHALINGAPPA KOLHAR, AGE: 82 YEARS, OCC: RETIRED ASSISTANT PROFESSOR, R/O: LINGRAJ NAGAR (NORTH), UNKAL CROSS, HUBVALILI – 31. …PETITIONER (BY SRI VINAY KOUJALGI, ADVOCATE)
AND:
1. DIRECTOR OF TECHNICAL EDUCATION, NEAR MAHARANI COLLEGE, BANGALORE – 560 001. 2. ACCOUNTS OFFICER, OFFICE OF THE ACCOUNTANT GENERAL (A ND E), P.B NO 5329, PARK HOUSE ROAD, BANGALORE – 560 001. 3. THE ACCOUNTANT GENRAL (A AND E), KARNATAKA, BENGALURU – 560 001. …RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1 TO R3)
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 OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION DIRECTING THE RESPONDENT NO.2 AND 3 TO PAY INTEREST ON THE ARREARS OF SALARY, ARREARS OF PENSION, PENSIONARY BENEFITS AND OTHER BENEFITS A SUM OF RS.1,38,40,481/- TILL 16/6/2023 AS PER ANNEXURE-F AND FUTURE COMPOUNDED INTEREST AT 10% P.A. TILL REALIZATION, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.,
Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka
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NC: 2025:KHC-D:5 WP No. 105753 of 2024
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 petitioner is before this Court seeking the following prayer: i. Issue a writ in the nature of Mandamus or any other appropriate writ, order or direction directing the respondent no.2 and 3 to pay interest on the arrears of salary, arrears of pension, pensionary benefits and other benefits a sum of Rs. 1,38,40,481/- till 16/6/2023 as per Annexure-F and future compounded interest at 10% p.a. Till realization, in the interest of justice and equity ii. Grant such other relief’s as deemed fit and proper be granted in the interest of justice and equity. 2. Heard the learned counsel for the petitioner and the learned HCGP. 3. The petitioner is said to have been appointed as Assistant Lecturer in the 1st respondent-College on 26.07.1967 and retires on completion of the age of superannuation. It transpires that the petitioner’s pension was settled with enormous delay.
The amount that was
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NC: 2025:KHC-D:5 WP No. 105753 of 2024
paid to the petitioner was Rs.17,99,869/-. The petitioner files a writ petition in W.P.No.49620/2003, which comes to be allowed directing the respondents to consider the representation within an outer limit of three months. That having erroneously considered according to the learned counsel for the petitioner, the petitioner has walked to the doors of this Court yet again in the subject petition. 4. Learned HCGP would submit that if reasonable time is granted, the representation of the petitioner and for the purpose for which it is submitted, would be considered and appropriate orders will be passed in accordance with law. 5. In that light, without going into the merit of the claim of the petitioner or the defence of the State, I deem it appropriate to dispose of the petition directing the respondents to consider the representation of the petitioner and pass necessary orders in accordance with law within an outer limit of 12 weeks from the date of receipt of copy of the order, if not earlier. - 4 -
NC: 2025:KHC-D:5 WP No. 105753 of 2024
6. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE
KGK/CT-ASC List No.: 1 Sl No.: 27