Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 87621 (KAR)

SRI SYED AZGAR A v. THE STATE OF KARNATAKA

WP/25965/2025 · 2025-12-15

Ashok S Kinagi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:53518 WP No. 25965 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 25965 OF 2025 (S-R) BETWEEN: SRI SYED AZGAR A S/O LATE SRI SYED ANWAR, AGED ABOUT 63 YEARS. RETIRED ASSISTANT EXECUTIVE ENGINEER, KARNATAKA HOUSING BOARD, R/AT. NO.28, 3RD MAIN, ADIKABIR ASHRAM ROAD, BANGALORE-32. …PETITIONER (BY SRI. A.C. NAGARJUNA, ADVOCATE FOR SRI. C M NAGABUSHANA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS HOUSING SECRETARY, KARNATAKA HOUSING BOARD, CAVERY BHAVAN, KG ROAD, BANGALORE-560001. Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:53518 WP No. 25965 of 2025 2. THE COMMISSIONER, KARNATAKA HOUSING BOARD, 3RD FLOOR, CAVERY BHAVAN, KG ROAD, BANGALORE-01. …RESPONDENTS (BY SMT. B.P. RADHA, AGA FOR R1 SRI. TEJESH P., ADVOCATE FOR SRI. H.L. PRADEEP KUMAR, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT/ CALL FOR RECORDS AND ISSUE A WRIT OF MANDAMUS TO CONSIDER THE REPRESENTATION DATED 23/04/2024 ANNX-G, POSITIVELY BY THE SECOND RESPONDENT AND DIRECT HIM TO RELEASE THE FULL PENSION AND ALL PENSIONARY BENEFITS INCLUDING DCRG, COMMUTATION VALUE OF PENSION AND EARNED LEAVE ENCASHMENT ALONG WITH APPLICABLE RATE OF INTEREST AS PER LAW FOR THE PERIOD OF DELAY IN RELEASING THE FULL PENSION AND PENSIONARY BENEFITS BY EXTENDING ALL CONSEQUENTIAL BENEFITS ARISING THERETO. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ******* - 3 - HC-KAR NC: 2025:KHC:53518 WP No. 25965 of 2025 CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER The petitioner has filed this writ petition seeking a mandamus directing the respondents to consider the representation dated 23.04.2025 vide Annexure-G, wherein the petitioner had requested to release the full pension and all pensionary benefits including DCRG1, commutation value of pension and earned leave encashment along with applicable rate of interest as per law for the period of delay in releasing the full pension and pensionary benefits and extend all the consequential benefits arising thereof. The respondents have not passed any order on the representation submitted by the petitioner. Hence, this writ petition. 2. Learned counsel for respondent No.2 submits that, if reasonable time is granted, respondent No.2 will 1 Death-cum-Retirement Gratuity - 4 - HC-KAR NC: 2025:KHC:53518 WP No. 25965 of 2025 consider the representation and would pass the appropriate orders in accordance with law. 3. In view of the submission made by learned counsel for respondent No.2, 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-G, and to pass the appropriate orders in accordance with law, within 8 weeks from the date of receipt of a copy of this order; iii. Pending IA(s), if any, shall stand disposed of accordingly. Sd/- (ASHOK S.KINAGI) JUDGE PA CT:KHV List No.: 2 Sl No.: 16