- 1 - HC-KAR NC: 2025:KHC:40087 WP No. 16595 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 16595 OF 2021 (S-RES) BETWEEN: SRI. ADINARAYANA S/O LATE HANUMAIAH SUPERINTENDENT (RETIRED) R/AT NO. 837, 1 "D" MAIN, 3RD CROSS, GIRINAGAR 2ND STAGE, BANGALORE - 560 085 …PETITIONER (BY SRI. N.F. AMARAD., ADVOCATE) AND: 1. THE PRINCIPAL SECRETARY TO GOVERNMENT HOUSING AND URBAN DEVELOPMENT DEPARTMENT VIKAS SOUDHA Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:40087 WP No. 16595 of 2021 BANGALORE - 560 001 2. THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY BANGALORE - 560 001 …RESPONDENTS (BY SRI. B.J.ESWARAPPA, AGA FOR R1; SRI. KINAR C.V., ADV. FOR R2) THIS W.P. IS FILED PRAYING TO-DIRECT THE R-1 TO CONSIDER THE REPRESENTATION DTD 10.08.2021 VIDE ANNEXURE-D AND RELEASE HIS REVISED PENSION AND OTHER CONSEQUENTIAL PENSIONARY, DIRECTIONS, DIRECTING THE R-2 TO PAY THE RECOVERED AMOUNT OF RUPEES 130898/- OUT OF HIS PENSION AND PENSIONARY BENEFITS AND ALSO FURTHER DIRECTIONS, DIRECTING THE R-2 TO PAY THE PENSION AND PENSIONARY BENEFITS LIKE DCRG, CVP AND OTHER LEAVE ENCASHMENT BENEFITS BY TAKING HIS LAST PAY AT RUPEES 48900-00 AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:40087 WP No. 16595 of 2021 CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER The petitioner has filed this writ petition seeking for mandamus directing respondent No.2 to consider the representation vide Annexure-D dated 10.08.2021. 2. Brief facts leading rise to the filing of this writ petition are as follows: The petitioner was appointed as Literary Assistant in the office of the Commissioner, Bangalore Development Authority, Bangalore and his service was confirmed as Second Division Assistant with the effect from 01.01.1986 and he was retired from service after attaining the age of superannuation. Thereafter he has submitted a representation for refund of Rs.1,30,898/- recovered out of pension and pensionary benefits with 12% interest per annum till the refund of payment of salary and re-fixation of pension and pensionary benefits by taking into account his last pay drawn at Rs.48,900/- instead of Rs.47,650/- - 4 - HC-KAR NC: 2025:KHC:40087 WP No. 16595 of 2021 and consequently pay the revised pension and other pensionary benefits like DCRG, CVP and Leave encashment benefits etc. Respondent No.2 has not passed any order on the said representation. Hence, this writ petition. 3. Learned counsel for respondent No.2 submit that if reasonable time is granted to respondent No.2, respondent No.2 would consider the representation and pass appropriate order in accordance with law. 4. In view of the submission made by the learned counsel for respondent No.2. 5. Accordingly, I proceed to pass the following: ORDER i. The writ petition is allowed. ii. Respondent No.2 is directed to consider the representation vide Annexure-D dated 10.08.2021 and pass an appropriate order in - 5 - HC-KAR NC: 2025:KHC:40087 WP No. 16595 of 2021 accordance with law within eight weeks from the date of receipt of copy of this order. Sd/- (ASHOK S.KINAGI) JUDGE SSB