- 1 - HC-KAR NC: 2025:KHC:44716 WP No. 1866 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 1866 OF 2024 (S-RES) BETWEEN: 1. PARIMALA KALASAPUR W/O R AMACHANDRA UPADHYA SINCE DEAD REP. BY LEGAL REPRESENTATIVE 1(A) RAMACHANDRA UPADHYA H/O LATE PARIMALA KALASAPUR AGED ABOUT 72 YEARS R/AT # 3367, HOKKAL BHAVI JAMAKHANDI BAGALKOT - 587 301. KARNATAKA. …PETITIONER (BY SRI. VINAYAKA S. PANDIT, ADVOCATE) AND: 1. THE DEPARTMENT OF PRIMARY AND SECONDARY EDUCATION Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44716 WP No. 1866 of 2024 ROOM NO. 641, 6TH FLOOR, M S BUILDING BANGLAORE 560 001 REPRESENTED BY ITS COMMISSIONER 2. THE HIGHER EDUCATION DEPARTMENT ROOM NO. 242-243 2ND FLOOR , VIKASA SOUDHA BANGLAORE 560 001 REPRESENTD BY ITS SECRETARY 3. DIRECTORATE OF SANSKRIT EDUCATION KARNATAKA SANSKRIT UNIVERSITY PAMPA MAHAKAVI ROAD CHAMARAJAPETE BANGALORE 560 018 REPRESENTED BY ITS DIRECTOR 4. KARNATAKA SAMSKRIT UNIVERSITY PAMPA MAHAKAVI ROAD, CHAMARAJAPETE BANGALORE 560 018 REPRESENTED BY ITS VICE CHANCELLOR 5. SHRI. LAKSHMI NARASIMHA SANSKRIT PRACHARAKA SAMITHI HOKKALABAVIGALLI, - 3 - HC-KAR NC: 2025:KHC:44716 WP No. 1866 of 2024 JAMAKHANDI 587 301 REPRESENTED BY ITS PRESIDENT …RESPONDENTS (BY SMT. B. SUKANYA BALIGA, AGA FOR R1 & R2 SRI. VINAYAK VAMAN RAO KULKARNI, ADVOCATE FOR R5 SRI. S.Y. RODAGI, ADVOCATE FOR R3 & R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO i) DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATIONS OF THE PETITIONER AND TO RELEASE THE PENSION THAT IS DUE TO THE PETITIONER ALONG WITH REASONABLE INTEREST ANNEXURE-A. ii) DIRECTING THE RESPONDENTS TO DISBURSE THE PENDING SALARY ARREARS THAT IS DUE TO THE PETITIONER ALONG WITH REASONABLE INTEREST ANNEXURE-A. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER 1. The petitioner filed this writ petition seeking for a mandamus directing the respondents to consider the representation of the petitioner and to release the - 4 - HC-KAR NC: 2025:KHC:44716 WP No. 1866 of 2024 pension that is due to the petitioner along with interest vide Annexure-A. 2. Brief facts leading rise to the filing of this writ petition are as follows: 3. The petitioner was employed with respondent No.5 - school as a teacher and she retired from service upon attaining the age of superannuation on 31.03.2021. Respondent No.5 failed to take action against releasing of the petitioner's pension and also failed to pay the arrears of the salary due to the petitioner from 04.02.2017. The petitioner submitted a representation dated 26.07.2023 vide Annexure-A, to the respondents to release the pension that is due. The respondents have not passed any order on the representation submitted by the petitioner vide Annexure-A. Hence, this writ petition. 4. Heard the learned counsel for the petitioner and also learned counsel for the respondents. - 5 - HC-KAR NC: 2025:KHC:44716 WP No. 1866 of 2024 5. Learned counsel for the petitioners submits that the petitioner was working in respondent No.5 school and she retired from service upon attaining the age of superannuation. Respondent No.5 did not forwarded the papers to the respondents for fixing the pension. Meanwhile, he submits that the petitioner died and her legal representative was brought on record. He submits that the petitioner during her lifetime submitted a representation and the same is not considered by the respondents. Hence, a direction be issued to the respondents to consider the representation vide Annexure-A and pass an appropriate order. 6. Learned counsel for the respondents submits that if the reasonable time is granted, the respondents would consider Annexure-A and pass appropriate an order in accordance with law. 7. Perused the records and considered the submissions of the learned counsel for the parties. - 6 - HC-KAR NC: 2025:KHC:44716 WP No. 1866 of 2024 8. There is no dispute that the petitioner was working in respondent No.5- school and she retired from service on attaining the age of superannuation. Thereafter, the petitioner submitted a representation for disbursing of the pension and retirement benefits. The respondents have not settled the retirement benefits. Though the representation was submitted in 2023, i.e., on 26.07.2023 and reminder letter on 05.09.2023 vide Annexure-C, the respondents did not consider the representation and did not settle the retirement benefits. 9. The learned counsel for the respondents have submitted that respondents would consider the representations of the petitioner within time bound. 10. Learned counsel for the petitioner submits that respondent Nos.4 and 5 have intentionally not forwarded the papers to the concerned authorities. It is also not the case of respondent Nos.4 and 5 that they have initiated any domestic enquiry against the - 7 - HC-KAR NC: 2025:KHC:44716 WP No. 1866 of 2024 petitioner. It is the duty of respondent Nos.4 and 5 to forward the papers to the concerned authorities for settling the retirement benefits of the petitioner. Thus, it is directed to respondent Nos.4 and 5 to forward the same, as they have failed to forward the papers in view of the pension of the petitioner. 11. In view of the above discussion, I proceed to pass the following order: ORDER i. The writ petition is allowed. ii. The respondents are directed to consider Annexure-A and Annexure-C and pass the appropriate orders in accordance with law within 8 weeks from the date of receipt of copy of this order. iii. Respondent Nos.4 and 5 are directed to forward the papers of the petitioner to the concerned authorities for settlement of retirement benefits within 8 weeks from the date of receipt of copy of this order. - 8 - HC-KAR NC: 2025:KHC:44716 WP No. 1866 of 2024 In view of the disposal of the main petition, pending IAs, if any, do not survive for consideration and they are disposed of accordingly. Sd/- (ASHOK S.KINAGI) JUDGE SKS