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2025 DAILYLAW 85080 (KAR)

SRI GANESH S/O. KRISHNA HEGDE v. THE GOVERNMENT OF KARNATAKA,

WP/106066/2025 · 2025-12-15

M Nagaprasanna

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:18212 WP No. 106066 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 15TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 106066 OF 2025 (S-RES) BETWEEN: SRI GANESH S/O. KRISHNA HEGDE AGE: 60 YEARS, OCC: RETIRED HOD, DEPARTMENT OF ELECTRICAL ENGINEERING, MARATHA MANDAL POLYTECHNIC COLLEGE, BELAGAVI, R/O. PLOT NO.185, CTS NO.9065, SECTOR NO.2, SHIVABASAV NAGAR, BELAGAVI-590001. …PETITIONER (BY SRI. SRINAND A. PACHAPURE, ADVOCATE) AND: 1. THE GOVERNMENT OF KARNATAKA, BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HIGHER EDUCATION, M.S. BUILDING, BENGALURU-560001. 2. THE DIRECTOR, DEPARTMENT OF TECHNICAL EDUCATION, Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:18212 WP No. 106066 of 2025 PALACE ROAD, BENGALURU-560001. 3. THE COMMISSIONER, DEPARTMENT OF TECHNICAL EDUCATION, PALACE ROAD, BENGALURU-560001. 4. THE PRINCIPAL, THE MARATHA MANDAL POLYTECHNIC COLLEGE, S.P. OFFICE ROAD, BELAGAVI-590001. …RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1 TO R3; SRI. M.S. HIREMATH, ADV. FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS TO THE RESPONDENTS 2 TO 4 TO CONSIDER THE REPRESENTATIONS DATED 10/06/2025 MARKED AT ANNEXURES C, D & E RESPECTIVELY AND ANY OTHER RELIEF WHICH DEEMS FIT IN THE INTEREST OF JUSTICE AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:18212 WP No. 106066 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) The petitioner is before this Court seeking the following prayer. “Wherefore, it is respectfully prayed before this Hon’ble Court to issue a writ of mandamus to the respondents 2 to 4 to consider the representations dated 10/06/2005 marked at Annexures – C, D & E respectively and any other relief which deems fit in the interest of justice.” 2. This Court had passed orders, on 27.10.2025 and 18.11.2025 and again on 01.12.2025 the following orders. 27.10.2025: 1. Learned HCGP is directed to take notice for respondent Nos.1 to 3. 2. Respondent No. 4 is served by way of hand summons. 3. The petitioner has retired from service on 31.05.2025. The pension has not been settled on the ground that the 4th respondent has not transmitted the papers to the State authorities. Therefore, the 4th respondent shall explain as to why, despite the petitioner having retired five months ago, the papers have not yet been transmitted. 4. In the event this Court finds dereliction on the part of the 4th respondent, exemplary costs shall be imposed on the said respondent. 5. List this matter on 18.11.2025 in the fresh matters list.” - 4 - HC-KAR NC: 2025:KHC-D:18212 WP No. 106066 of 2025 18.11.2025: This Court, on 27.10.2025, directed that respondent No.4 to be served by way of hand summons. Owing to the urgency of the situation, where a retired teacher has not been paid pension on the sole score that the respondent No.4 institution has not furnished the papers required for processing the pension to the State Government. The learned HCGP pleads helplessness in grant of pension for the reason that the respondent No.4 has not submitted the papers. The affidavit also indicates that the respondent No.4 has not received the hand summons that was directed by this Court. In that light, the State Government shall issue a notice to the respondent No.4 as to why its grants should not be stopped if the required papers are not submitted by the next date of hearing. The notice shall be issued and the issuance of notice shall be placed before this Court on the next date. List the matter on 01.12.2025. 01.12.2025: The learned HCGP submits that in terms of the order dated 18.11.2025, show cause notice is issued as to why grant of the petitioners should not be stopped. The learned counsel appearing to the respondent No.4 now submits that pension papers have been transferred to the State. The learned HCGP submits that the petitioner has to sign the documents. He is refusing to sign. In the event, his refusal to sign the documents leading to non- payment of pension, the petition would be dismissed with exemplary costs. List the matter on 12.12.2025. - 5 - HC-KAR NC: 2025:KHC-D:18212 WP No. 106066 of 2025 3. The petitioner has now signed the papers and the papers are now have come to the hands of the State. 4. The learned HCGP submits that if reasonable time is granted, pension of the petitioner would be dispersed. 5. In the light of the said circumstance, I deem it appropriate to dispose the petition with a direction to the respondent – State to release the pension in favour of the petitioner within an outer limit of eight weeks from the date of receipt of the copy of the order, if all the documents are in place. 6. In the event the pension would not released within the said eight weeks, the matter would be viewed seriously. With the aforesaid observations, the petition stands disposed, reserving liberty to the petitioner to revive these proceedings in the event pension is not paid. Sd/- (M.NAGAPRASANNA) JUDGE RSH/CT CNB List No.: 1 Sl No.: 146