- 1 - HC-KAR NC: 2025:KHC-D:15632 WP No. 108193 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 17TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 108193 OF 2025 (S-R) BETWEEN: 1. SRI. VITHAL GANGAPPA HUGGI, AGE: 72 YEARS, OCC: RETD ASST. TEACHER IN SARDAR V. G. DESAI, HIGH SCHOOL, CHACHADI, TQ: SAVADATTI, DIST: BELAGAVI-591126 2. SRI. MADIWALAPPA BASAPPA KOTAGI, AGE: 71 YEARS, OCC: RETD ASST. TEACHER IN SARDAR V. G. DESAI, HIGH SCHOOL, CHACHADI, TQ: SAVADATTI, DIST: BELAGAVI-591126 3. SRI. IRAYYA ADVAYYA HIREMATH, AGE: 73 YEARS, OCC: RETD ATTENDER IN SARDAR V. G. DESAI, HIGH SCHOOL, CHACHADI, TQ: SAVADATTI, DIST: BELAGAVI-591126 4. SRI. MADIWALAPPA S. KIROJI, AGE: 71-YEARS, OCC: RETD ASST. TEACHER IN VEERARANI BELAWADI MALLAMMA HIGH SCHOOL, BELAWADI, TQ: BAILHONGAL, DIST: BELAGAVI-591104 5. SRI. BASAPPA R. HATTARAKI, AGE: 72 YEARS, OCC: RETD ASST. TEACHER IN VEERARANI BELAWADI MALLAMMA HIGH SCHOOL, BELAWADI, TQ: BAILHONGAL, DIST: BELAGAVI-591104 …PETITIONERS (BY SRI. P. G. CHIKKANARAGUND, ADVOCATE) Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:15632 WP No. 108193 of 2025 AND: 1. THE STATE OF KARNATAKA, REP BY ITS CHIEF SECRETARY, FINANCE DEPARTMENT, VIDHANA SOUDHA, BENGALURU-560001 2. THE STATE OF KARNATAKA, REP BY ITS PRINCIPAL SECRETARY, DEPT. OF PERSONNEL & ADMINISTRATIVE REFORMS, VIDHANA SOUDHA, BELGALURU-560001 3. THE STATE OF KARNATAKA, REP BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF EDUCATION (PRIMARY & SECONDARY), VIDHANA SOUDHA, BENGALURU-560001 4. THE ADDL. COMMISSIONER FOR-PUBLIC INSTRUCTIONS, COLLEGE ROAD, DHARWAD-580008. 5. THE ACCOUNTANT GENERAL PARK HOUSE ROAD, BENGALURU-560001. …RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS TO TREAT THE PERIOD 15 YEARS IN SUB-RULE (14) OF RULE 376 OF KARNATAKA CIVIL SERVICE RULES 1958 AS 10 YEARS AND 8 MONTHS (128 MONTHS) FOR RECOVERY OF LUMPSUM AMOUNT PAID TO THE PETITIONERS IN MONTHLY INSTALLMENT FROM PENSION PAYABLE TO THE PETITIONERS AND TO EXTEND ALL CONSEQUENTIAL BENEFITS ARISING THERETO, IN THE INTEREST OF JUSTICE AND EQUITY. ISSUE ANY OTHER ORDER OR DIRECTION, DIRECTING THE RESPONDENTS TO REFUND THE EXCESS AMOUNT OF COMMUTATION OF PENSION HAVING ALREADY BEEN RECOVERED FROM THE PETITIONERS WHO HAVE PAID MORE THAN 10 YEARS AND 8 MONTHS AS PER THE REPRESENTATION DATED 02/09/2025 VIDE ANNEXURE-D AND DIRECT THE RESPONDENT NO.1 TO 5 TO PAY FULL PENSION TO THE PETITIONERS AND ETC., - 3 - HC-KAR NC: 2025:KHC-D:15632 WP No. 108193 of 2025 THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioners are before this Court seeking the following prayer: A. Issue a Writ in the nature of Mandamus directing the respondents to treat the period 15 years in sub-rule (14) of Rule 376 of Karnataka Civil Service Rules 1958 as 10 years and 8 months (128 months) for recovery of lumpsum amount paid to the petitioners in monthly installment from pension payable to the petitioners and to extend all consequential benefits arising thereto, in the interest of justice and equity. B. Issue any other order or direction, directing the respondents to refund the excess amount of commutation of pension having already been recovered from the petitioners who have paid more than 10 years and 8 months as per the representation dated 02/09/2025 vide Annexure-D and direct the respondent no.1 to 5 to pay full pension to the petitioners. C. Issue any other order or direction as this Hon’ble court may deems fit and proper under the circumstances of the case, in the interest of justice and equity. 2. Heard the learned counsel appearing for the petitioners and the learned HCGP for the respondents. 3. The learned counsel for the petitioners submits that in identical circumstances the Co-ordinate Bench of this Court in - 4 - HC-KAR NC: 2025:KHC-D:15632 WP No. 108193 of 2025 Writ Petition No.107168/2025 disposed off on 25.09.2025, has passed the following order: “1. Learned Additional Government Advocate accepts notice for the respondents. 2. The petitioner is before this Court seeking for the following reliefs: a. Issue a Writ in the nature of Mandamus directing the respondents to treat the period 15 years, in sub-rule (14) of rule 376 of Karnataka Civil Service rules 1958 as 10 years and 8 months (128 months) for recovery of lumpsum amount paid to the petitioner in monthly installment from pension payable to the petitioner and to extend all consequential benefits arising thereto, in the interest of justice and equity. b. Issue any other order or direction, directing the respondents to refund the excess amount of communication of pension having already been recovered from the petitioner who has paid more than 10 years and 8 months as per the representation dated 28.08.2025 vide annexure-d and direct the respondent no.1 to 5 to pay full pension to the petitioner. c. Issue any other order or direction as this Hon’ble court may deems fit and proper under the circumstances of the case, in the interest of justice and equity. 3. The respondents proposing to recover the commuted value of pension beyond 12 years, the petitioner submitted the representation on 28.08.2025 at Annexure-D. The said representation has still not been considered, but the respondents are proposing to recover the amount. It is in that background that the petitioner is before this Court seeking for the aforesaid reliefs. 4. Whenever any representation is submitted to any statutory authority or a Governmental authority it is required for the said authority to consider the same and pass necessary orders within a reasonable period of - 5 - HC-KAR NC: 2025:KHC-D:15632 WP No. 108193 of 2025 time, either accepting or rejecting the same. Neither having been done, I pass the following; ORDER i. The writ petition is allowed. ii. A mandamus is issued, directing the respondents to consider the representation dated 28.08.2025 submitted by the petitioner at Annexure-D within a period of six weeks from the date of receipt of a copy of this order. iii. Needless to say, until such representation is considered and order is passed, no recovery can be made from the petitioner.” 4. The learned HCGP would not dispute the position as is considered by the Co-ordinate Bench. 5. In that light, I deem it appropriate to pass the following: ORDER i. The writ petition is allowed. ii. A mandamus is issued, directing the respondents to consider the representation dated 02.09.2025 submitted by the petitioners at Annexure-D within a period of six weeks from the date of receipt of a copy of this order. - 6 - HC-KAR NC: 2025:KHC-D:15632 WP No. 108193 of 2025 iii. Needless to say, until such representation is considered and order is passed, no recovery can be made from the petitioners. Sd/- (M.NAGAPRASANNA) JUDGE KGK/CT-ASC List No.: 1 Sl No.: 77