- 1 - HC-KAR NC: 2025:KHC:44782 WP No. 16919 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 16919 OF 2023 (GM-RES) BETWEEN: SMT. BHAGYALAKSHMI C N W/O MADHAV A N, RETIRED ASSISTANT MANAGER, AGE 57 YEARS H NO. 969/20, BHAGYA SHRI, 7TH MAIN, 7TH CROSS, RAJEEV NAGARA, BANGASHANKARI, 3RD STAGE, BANGALORE -560085 …PETITIONER (BY SRI. MADHUSOODHANA P.N.G.,ADVOCATE) AND: 1. UNION OF INDIA THROUGH THE SECRETARY, TO GOVERNMENT OF INDIA, MINISTRY OF FINANCE, DEPARTMENT OF FINANCIAL SERVICES, JEEVAN DEEP BUILIDNGS, PARLIAMENT STREET, NEW DELHI - 110 001. 2. NATIONAL BANK FOR AGRICULTURE AND RURAL DEVELOPMENT HEAD OFFICE, PLOT C-24, G BLOCK, Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44782 WP No. 16919 of 2023 BANDRA KURLA COMPLEX, BKC ROAD, BANDRA EAST, MUMBAI - 400 051 THROUGH ITS CHIEF GENERAL MANAGER. 3. THE BRANCH MANAGER KARNATAKA GRAMINN BANK, SOMENAHALLI BRANCH, SOMENAHALLI- POST GUDIBANDA TQ CHIKKABALLAPURA - DIST PIN 562104 4. THE CHAIRMAN KARNATAKA GRAMIN BANK, HEAD OFFICE, 32, SANGANAKAL ROAD, GANDHI NAGARA, BELLARY - 583103 5. THE GENERAL MANAGER KARNATAKA GRAMIN BANK, HUMAN RESOURCES WING, STAFF SECTION, HEAD OFFICE, 32, SANGANAKAL ROAD, GANDHI NAGARA, BELLARY -583103 6. THE SENIOR MANAGER KARNATAKA GRAMIN BANK, HUMAN RESOURCES WING, PENSION CELL, HEAD OFFICE, 32, SANGANAKAL ROAD, GANDHI NAGARA, BELLARY - 583103 7. THE ASSISTNAT PROVIDENT FUND COMMISSIONER EMPLOYEES PROVIDENT FUND ORGANISATION, S L V TOWERS, FIRST FLOOR, PARVATHI NAGARA, BELLARY - 583 103 …RESPONDENTS (BY SRI. RAJARAMA S., (CGC) ADVOCATE FOR R1 NOTICE TO R2 SERVED; SRI. T. P. MUTHANNA, ADVOCATE FOR R3-R6; SMT. NANDITA HALDIPURA, ADVOCATE FOR R7) - 3 - HC-KAR NC: 2025:KHC:44782 WP No. 16919 of 2023 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO (i) CALL FOR THE STATEMENT OF ACCOUNTS OF THE PETITIONER FROM THE R-4 AND 7 SINCE JOINING THE BANK TO TILL THE FINAL SETTLEMENT OF ACCOUNT OF THE PETITIONER; (ii) QUASHING THE ORDER BEARING NO. HO HRW STF PEN 70000057 2023-24 DTD 20.05.2023 PASSED BY THE R-5 MARKED AT ANNX-H DIRECTING THE RESPONDENT BANK TO PAY THE AMOUNT OF RS. 1,95,546 ALONG WITH INTEREST AT 18 PERCENT FROM THE DATE OF RECOVERY TO TILL THE DATE OF PAYMENT. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioner, who entered service as a Clerk with the erstwhile Kolar Gramin Bank and ultimately retired from service on voluntary retirement with effect from 30.06.2022, is aggrieved by the Endorsement dated 20.05.2023 [Annexure-H] issued by the Karnataka Gramin Bank. The Senior Manager - 4 - HC-KAR NC: 2025:KHC:44782 WP No. 16919 of 2023 with this Bank has issued this Endorsement observing that the contents of the petitioner’s letter dated 12.05.2023 have been gone through and it is incomplete, and that the petitioner must provide documents and papers acceptable to the Bank to consider her letter as against short-transfer of the Bank's contribution to the pension fund. 2. On the facts leading to this Endorsement, apart from the details of the petitioner's service as mentioned above, are: [a] The petitioner has continued on the rolls of the Karnataka Gramin Bank with the orders of the Government of India on amalgamation in the year 2019, and with the Pragathi Krishna Gramin Bank (Employees') Pension Regulations, 2018, the Bank has called upon the petitioner to refund the amount drawn by her as against - 5 - HC-KAR NC: 2025:KHC:44782 WP No. 16919 of 2023 the Bank's contributions towards the provident fund. [b] The petitioner, acting upon such Communication, has remitted a sum of Rs.1,49,527/- on 04.05.2019 acknowledging that the advice by the Bank to refund such amount is acceptable and that if any difference in the amount has to be credited, she will credit such amount. [c] The Bank thereafter has transferred its contributions to the pension fund to enable the petitioner to draw pension under the Regulations. However, upon ascertaining that there is computational error in computing the contribution in a sum of Rs.3,82,589/- as against Rs.3,62,220/-, the Bank has refunded a sum of Rs.20,369/- along with interest in a sum of Rs.8,422/-. - 6 - HC-KAR NC: 2025:KHC:44782 WP No. 16919 of 2023 3. It is after these events that the petitioner has retired from service on voluntary request, and she is drawing her pension under the Regulations. Similarly placed persons have approached this Court with a grievance that is almost the same as the petitioner's grievance in the present petition, and this Court, despite observing that the employees who have approached the Court belatedly over 12 years, has granted liberty to file further documents to substantiate the claim for a bigger contribution by the Bank to the pension fund. In this regard, this Court must refer to this Court’s order dated 17.01.2024 in W.P.No.10944/2022. 4. The merit of the petitioner's grievance with the impugned Endorsement is examined in the facts as referred to above. This Court opines that no exception can be taken with the Bank's Endorsement because: - 7 - HC-KAR NC: 2025:KHC:44782 WP No. 16919 of 2023 [a] the petitioner, at the first instance when she remitted a sum of Rs.1,49,527/-, has acknowledged that the advice of the Bank to make such refund is acceptable, [b] the petitioner has also received the refund of an additional sum of Rs.20,369/- with interest, [c] the petitioner is drawing her pension under the Regulations, and she relies upon the Statement of Accounts by the office of the Employees' Provident Fund Organization. This Court is of the view that if the petitioner seeks redressal of her grievance viz., that a higher sum had to be contributed by the Bank, the onus must be on the petitioner to justify such claim. The petitioner, if she could rely upon the statement from the Employees' Provident Fund Organization, must establish that the Bank has made an error in making its contributions to the fund. - 8 - HC-KAR NC: 2025:KHC:44782 WP No. 16919 of 2023 5. As such, opining that there is no reason for interference, the petition stands disposed with liberty to the petitioner to file a detailed representation adverting to the details in the statements furnished by the Employees' Provident Fund Organization and explaining elaborately, the significance of the contents of such statement to justify her claim for higher contribution. The petition stands disposed of accordingly. SD/- (B M SHYAM PRASAD) JUDGE SA,RB