- 1 - HC-KAR NC: 2025:KHC:46176-DB WA No. 1394 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT APPEAL NO. 1394 OF 2025 (S-RES) BETWEEN: 1. THE UNIVERSITY OF MYSORE, VISWAVIDYANILAYA KARYA SOUDHA, CRAWFORD HALL, POST BOX NO. 406, MYSURU- 570 005. REPRESENTED BY ITS REGISTRAR. 2. THE FINANCE OFFICER, THE UNIVERSITY OF MYSORE, VISWAVIDYANILAYA KARYA SOUDHA, CRAWFORD HALL, POST BOX NO. 406, MYSURU-570 005. …APPELLANTS (BY SRI. ARIHANT R.SUNGAY, ADVOCATE FOR SRI. T P RAJENDRA KUMAR SUNGAY., ADVOCATE) AND: 1. SHRI GOVINDARAJU, S/O LATE RANGAPPA, AGED ABOUT 54 YEARS, RESIDING AT NO. 37, I CROSS, GANGOTHRI LAYOUT, NEAR MARUTHI TEMPLE, MYSURU, MYSURU DISTRICT - 570 009. 2. THE STATE OF KARNATAKA, HIGHER EDUCATION DEPARTMENT, 6TH FLOOR, M.S. BUILDING, SACHIVALAYA-II, BENGALURU-560 001. - 2 - HC-KAR NC: 2025:KHC:46176-DB WA No. 1394 of 2025 REPRESENTED BY ITS PRINCIPAL SECRETARY …RESPONDENTS (BY SRI. VIJAYAKUMAR V.B., ADVOCATE FOR R-1; SRI. MOHAMMAD JAFFAR SHAH, AGA FOR R-2) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE THE ORDER DATED 24.04.2025 PASSED BY THE LEARNED SINGLE JUDGE IN WP No. 20270/2023 (S-RES) AND CONSEQUENTLY DISMISS THE WRIT PETITION, IN THE INTEREST OF JUSTICE. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MS. JUSTICE TARA VITASTA GANJU ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) The present writ appeal has been filed impugning the judgment and order dated 24.04.2025 passed in W.P.No.20270/2023 filed by the petitioner/respondent. 2. The petitioner's wife was working as an Assistant Professor (Sanskrit) in Mysuru University. She submitted an application for voluntary retirement on 27.12.2019. The Syndicate of the University accepted the voluntary retirement application of the wife of the petitioner on 17.01.2020 was permitted to get voluntarily relieved on 27.12.2019 i.e, the date of her application. The Syndicate directed to release all - 3 - HC-KAR NC: 2025:KHC:46176-DB WA No. 1394 of 2025 retirement benefits for which she was entitled to, after deducting dues if any. 3. Before the petitioner's wife could submit any application in Form 1-B for commutation of pension, unfortunately she died on 23.04.2020. 4. The petitioner being the legal heir submitted a representation requesting the Finance Officer of the University to release the retirement benefits and family pension after the of death of his wife. The Finance Officer of the University vide order dated 10.11.2020 ordered for release of DCRG and family pension without ordering release of pension that the wife of the petitioner was entitled to from 01.01.2020 to 23.04.2020 and the commuted value of pension. 5. The Finance Officer of the University vide communication dated 05.05.2021 rejected the application for release of commuted pension on the ground that the petitioner's wife has not submitted the application for commuted pension facility during her lifetime. - 4 - HC-KAR NC: 2025:KHC:46176-DB WA No. 1394 of 2025 6. The writ petition came to be filed impugning the said communication dated 05.05.2021 of the Finance Officer of the University. 7. Learned Single Judge vide impugned judgment and order dated 24.04.2025 having taken note of Rule 376(3) of the Karnataka Civil Services Rules (for short, The 'KCSR') quashed the impugned communication dated 05.05.2021 issued by the Finance Officer of the University and directed the University to process the papers of the petitioner's wife for commutation of pension as provided under Rule 376(3) of the KCSR. 8. The learned counsel appearing for the University submits that under Rule 376(3) of the KCSR, the retiring employee has the right to seek for commutation of pension and as per Rule 321 of the KCSR, it is duty of the employee to submit relevant papers seeking commutation of pension before the retirement. The wife of the petitioner was granted voluntary retirement on 27.12.2019 and she did not submit any paper seeking commutation of 1/3rd of her pension. It is submitted that once the retiring employee fails to submit the relevant - 5 - HC-KAR NC: 2025:KHC:46176-DB WA No. 1394 of 2025 pension papers before the date of retirement, the legal heirs would not be entitled for commutation of pension of the retired employee who dies before the submission relevant pension papers. 9. On the other hand, learned counsel for the respondent No.1 submits that Rule 376(11) provides that if the retiring employee dies before the employee could submit the pension papers, the legal heirs would be entitled to seek commutation of pension under Rule 376(3) of the KCSR. 10. Before adverting to the rival submissions advanced by the learned counsel for the parties, it would be apt to take note of the relevant Rules of KCSR. Rule 321 of the KCSR is extracted hereunder: 321.(1) The Head of the Office shall obtain from the retiring non-gazetted Government servant the particulars in Form 1 B one year before the date of his retirement. (2) A Gazetted Government servant shall submit the particulars in Form 1B one year in advance of his retirement to the Accountant General who shall build up his pension records. In respect of Gazetted Government servants whose pay and allowances are not authorised by the Accountant General but are drawn by the Head of the - 6 - HC-KAR NC: 2025:KHC:46176-DB WA No. 1394 of 2025 Office procedure specified in sub-rule (1) shall be followed. (3) The particulars mentioned in Form 1B shall be sent along with other pension documents to the Accountant General atleast two months before the date of retirement of the Government servant. (4) In cases of retirement on retiring pension under rule 285 the particulars mentioned in Form 1B shall be obtained after the date of receipt of issue of notice by the Government servant for such retirement or in cases of retirement on payment of salary in lieu of notice immediately after the issue of orders thereof. (5) xxx 11. Rule 321 is only in respect of the application to be submitted in Form-1B. However, if the application is not submitted in Form-1B before one year from the date of the retirement, what consequence would follow is not provided under Rule 321. Rule 321 is procedural Rule and it does not confer right on employee but only requires the employee who is retiring to submit the pension papers in Form-1B seeking commutation of pension one year prior to the date of retirement. - 7 - HC-KAR NC: 2025:KHC:46176-DB WA No. 1394 of 2025 12. The right to get pension and commutation of pension is conferred under Rule 376. Rule 376 of the KCSR reads as under: 376. (1) The rules in this chapter shall apply to all civil pensions paid by the Government of Karnataka to persons in respect of whose pensions, the Government of Karnataka is competent to make rules under the Karnataka Civil Services Act, 1978(Karnataka Act 14 of 1990). (2) Every Government servant shall, while giving particulars of pension in Form 1-B declare his intention or otherwise of commutation of pension not exceeding one-third thereof from the date from which pension commences. (3) In cases where application for pension are not accompanied by such a declaration for commutation of pension Accountant General will presume that the retired Government servant has opted the maximum commutation permissible according to rules and act accordingly. (4) The declaration given shall be final and shall not be allowed to be changed thereafter. A retired Government servant who has declared his intention to commute a portion of pension less than 1/3 also - 8 - HC-KAR NC: 2025:KHC:46176-DB WA No. 1394 of 2025 shall not be allowed any further commutation thereafter. (5) A retired Government servant who has declared his intention to forego commutation shall not be entitled to seek commutation thereafter. (6) A retired Government servant who in the declaration has opted to commute a portion of pension exceeding one-third thereof shall be entitled to commute only one-third of his pension and the Accountant General shall act accordingly. (7) A retired Government servant against whom departmental enquiry or judicial proceeding is pending shall not be allowed the benefit of commutation of pension till such time he is sanctioned final pension after the conclusion of the inquiry or proceeding as the case may be. In such case the declaration or deemed declaration shall be considered after the conclusion of the enquiry or proceeding and commuted value as admissible from the date of commencement of the pension shall be authorised by the Accountant General. In cases where on completion of enquiry, a penalty of reduction in pension on permanent basis or as a temporary measure is imposed from the date of such order, then commuted value is payable on the - 9 - HC-KAR NC: 2025:KHC:46176-DB WA No. 1394 of 2025 reduced pension after completion of enquiry. (8) A retired Government servant who is paid anticipatory pension shall not be eligible for commutation of such anticipatory pension. After he is sanctioned final pension, the declaration made or deemed to have been made, shall be considered and the admissible commuted value as admissible on the date of commutation shall be authorised by the Accountant General. (9) No separate sanction is necessary for the authorisation of commuted value of pension. The Accountant General shall authorise the commuted value of pension along with final pension. (10) The reduction in monthly pension on account of commutation under this rule shall be operative from the date of receipt of commuted value by the pensioner. In cases of revision of pension and payment of commuted value on the increase in pension further reduction in pension shall take into account from the date of payment of increase in commuted value and not from the date of payment of original value. - 10 - HC-KAR NC: 2025:KHC:46176-DB WA No. 1394 of 2025 (11) In case of a retired Government servant who has become entitled to the commutation of pension and who dies before receipt of the commuted value, the amount shall be paid to the heirs of the deceased. 13. Rule 376(11) also takes care of the eventuality of an employee who dies before he could submit pension papers seeking commutation. Rule 376(11) specifically provides in case when the retired Government employee who is entitled to the commutation of pension dies before receipt of the commuted value, the amount should be released in favour of the legal heirs. 14. In the present case, the employee could not submit the paper before her death. It cannot be denied that she was entitled to receive the commuted value pension before her death. As she had died before she could submit the paper seeking commutation, considering the mandate of sub-rule 11 of the Rule 376 of KCSR, we are of the considered view that the appellant/petitioner being the legal heir of the deceased employee would be entitled to get the commuted value of 1/3rd of the pension. - 11 - HC-KAR NC: 2025:KHC:46176-DB WA No. 1394 of 2025 14. We therefore do not find irregularity in the impugned judgment and order of the learned Single Judge. Accordingly, we dismiss the writ appeal. (D K SINGH) JUDGE (TARA VITASTA GANJU) JUDGE RKA List No.: 1 Sl No.: 9 Digitally signed by DINESH KUMAR SINGH Location: HIGH COURT OF KARNATAKA Digitally signed by TARA VITASTA GANJU Location: HIGH COURT OF KARNTAKA