- 1 - HC-KAR NC: 2025:KHC:33990 WP No. 18317 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 18317 OF 2024 (S-RES) BETWEEN: SRI. T. P. MANJUNATHA AGED ABOUT 67 YEARS S/O. PUTTASWAMY GOWDA JUNIOR ENGINEER (RETD.) CITY MUNICIPALITY, HASSAN R/AT SURYADEVO NILAYA 3RD MAIN ROAD, 8TH CROSS SHANTHINAGAR, HASSAN-573 201. …PETITIONER (BY SRI. H M UMESH., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY (ACS) URBAN DEVELOPMENT DEPARTMENT 4TH FLOOR, VIKASA SOUDHA BENGALURU-560 001. 2. THE DIRECTOR OF MUNICIPAL ADMINISTRATION 9TH FLOOR, V.V. TOWER DR. AMBEDKAR VEEDHI BENGALURU-560 001. 3. THE DEPUTY COMMISSIONER HASSAN DISTRICT HASSAN-573 201. Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33990 WP No. 18317 of 2024 4. THE MUNICIPAL COMMISSIONER HASSAN DISTRICT HASSAN-573 201. 5. THE DIRECTOR DIRECTORATE OF PENSION SMALL SAVINGS AND ASSETS MGMT. V.V. TOWERS, 1ST FLOOR, M.S. BUILDING DR. AMBEDKAR ROAD BENGALURU-560 001. 6. THE ACCOUNTANT GENERAL IN KARNATAKA RESIDENCY PARK ROAD (OPP. KPSC), BENGALURU-560 001. …RESPONDENTS (BY SRI.SIDHARTH BABU RAO., AGA FOR R1 TO R3, R5 & R6: R4 SERVED AND UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH PERTAINING TO THE IMPUGNED ORDER AND PASS AN ORDER OR GIVE DIRECTION IN THE NATURE OF CERTIORARI TO QUASH THE IMPUGNED ORDER no:£À¸ÀºÁ/ ¹§âA¢(1)/ ¹Dgï / 96/ 2017-18 DATED:04.06.2024 PASSED BY THE R-4 VIDE ANNEXURE-P 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 H.T. NARENDRA PRASAD - 3 - HC-KAR NC: 2025:KHC:33990 WP No. 18317 of 2024 ORAL ORDER This writ petition is filed under Articles 226 & 227 of the Constitution of India, challenging the order dated 04.06.2024 passed by the fourth respondent vide Annexure-P, rejecting the grant of pension to the petitioner. 2. The case of the petitioner is that, he was initially appointed as a Task Force Commander in the Karnataka Land Army Corporation on 26.06.1986. His services has been regularized with effect from 01.05.1989 as per Annexure-A. Thereafter, at the request of the petitioner, his services has been absorbed in the Urban Development Authority as a Junior Engineer vide order dated 21.12.2013 (Annexure-D) with two conditions. The operative portion is extracted below: “¥Àæ¸ÁÛªÀ£ÉAiÀÄ°è «ªÀj¹gÀĪÀ CA±ÀUÀ¼À »£É߯ÉAiÀÄ°è, ²æà n.¦.ªÀÄAdÄ£Áxï, QjAiÀÄ C©üAiÀÄAvÀgÀgÀÄ PÀ£ÁðlPÀ UÁæ«ÄÃt ªÀÄÆ®¨sÀÆvÀ ¸ËPÀAiÀÄðUÀ¼À C©üªÀÈ¢Þ ¤UÀªÀÄ EªÀgÀ ¸ÉêÉAiÀÄ£ÀÄß ¥ËgÁqÀ½vÀ E¯ÁSÉAiÀÄ°è QjAiÀÄ C©üAiÀÄAvÀgÀgÀ ºÀÄzÉÝAiÀÄ°è F PɼÀV£À µÀgÀvÀÄÛUÀ½UÉ M¼À¥ÀlÄÖ vÀPÀët¢AzÀ eÁjUÉ §gÀĪÀAvÉ ±Á±ÀévÀªÁV «°Ã£ÀUÉƽ¹ DzÉò¹zÉ. - 4 - HC-KAR NC: 2025:KHC:33990 WP No. 18317 of 2024 µÀgÀvÀÄÛUÀ¼ÀÄ: 1. ¥ËgÁqÀ½vÀ E¯ÁSÉAiÀÄ QjAiÀÄ C©üAiÀÄAvÀgÀgÀ eÉõÀÖvÁ ¥ÀnÖAiÀÄ°è. PÉÆ£ÉAiÀĪÀgÁV ¸ÉÃ¥ÀðqÉAiÀiÁUÀvÀPÀÌzÀÄÝ. 2. ¤ªÀÈwÛ ¸Ë®¨sÀåzÀ »A¢£À zÉÃtÂUÉ ªÀÄwÛvÀgÉà «ªÀgÀUÀ¼À ¯ÉPÀÌ ²Ã¶ðPÉ ªÀÄgÀÄ ºÉÆAzÁtÂPÉAiÀÄÄ ¹§âA¢üAiÀÄ dªÁ¨ÁÝjAiÀiÁVgÀÄvÀÛzÉ.” 3. Pursuant to condition No.1, the petitioner was placed as a junior most Junior Engineer in the seniority list and as per condition No.2 the petitioner has remitted pension amount on 27.07.2017. To that effect, he has produced the acknowledgment as per Annexure-H. The petitioner on attaining the age of superannuation retired from service on 31.03.2017. Thereafter, he has written a letter to the fifth respondent dated 12.10.2018 vide Annexure-H1, requesting for payment of pension and other retirement benefits. He also submitted a representation on 31.10.2019, seeking payment of pension. Since his representations were not considered, he filed W.P.No.12145/2021. This Court, by order dated 21.12.2023 (Annexure-N) disposed of the said writ - 5 - HC-KAR NC: 2025:KHC:33990 WP No. 18317 of 2024 petition directing the Municipal Commissioner, Hassan District Hassan to consider the request of the petitioner and pass appropriate orders within a period of four months from the date of receipt of a copy of the order. Thereafter, the impugned order vide Annexure-P has been issued. 4. The reasons stated in the impugned order vide Annexure-P for rejection of the petitioner’s request is that on the ground that there is no condition mentioned in the absorption order for payment of pension. This reasoning of the respondent in the impugned order is contrary to the absorption order dated 21.12.2013. The condition No.2 is extracted below: “2. ¤ªÀÈwÛ ¸Ë®¨sÀåzÀ »A¢£À zÉÃtÂUÉ ªÀÄwÛvÀgÉà «ªÀgÀUÀ¼À ¯ÉPÀÌ ²Ã¶ðPÉ ªÀÄgÀÄ ºÉÆAzÁtÂPÉAiÀÄÄ ¹§âA¢üAiÀÄ dªÁ¨ÁÝjAiÀiÁVgÀÄvÀÛzÉ.” 5. Pursuant to the above condition, the petitioner has remitted the amount vide Annexure-H. Without considering this aspect of the matter, the impugned order - 6 - HC-KAR NC: 2025:KHC:33990 WP No. 18317 of 2024 vide Annexure-P has been issued. On this short ground alone, the impugned order is liable to be quashed. 6. Accordingly, the following order is passed: (i) The writ petition stands disposed of. (ii) The impugned endorsement dated 04.06.2024 vide Annexure-P issued by the fourth respondent is quashed. (iii) The fourth respondent is directed to re- consider the case of the petitioner in accordance with law, keeping in view the absorption order dated 21.12.2013, as expeditiously as possible, not later than three months from the date of receipt of a copy of this order. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM LIST NO.: 1 SL NO.: 46