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2026 DAILYLAW 10832 (KAR)

SHRI MOHAMED SAFEER S v. THE STATE OF KARNATAKA

WP/39271/2025 · 2026-03-23

S R Krishna Kumar

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:16098 WP No. 39271 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 39271 OF 2025 (S-RES) BETWEEN: SHRI. MOHAMED SAFEER S, AGED ABOUT 62 YEARS, S/O LATE ABDUL SAMAD, (RTD) SOCIAL WORKER, KIDWAI MEMORIAL INSTITUTE OF ONCOLOGY, DR. M. H. MARIGOWDA ROAD, BENGALURU - 560 029. R/AT NO.104, III CROSS, EAST MG ROAD, UDAYAGIRI EXTENSION, MYSURU - 19. …PETITIONER (BY SRI. VIJAYA KUMAR., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, MEDICAL EDUCATION DEPARTMENT, VIKASA SOUDHA, BENGALURU - 560 001. 2. THE DIRECTOR, KIDWAI MEMORIAL INSTITUTE OF ONCOLOGY, DR. M. H. MARIGOWDA ROAD, BENGALURU - 560 029. Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:16098 WP No. 39271 of 2025 3. THE ACCOUNTANT GENERAL, A AND E, KARNATAKA CIRCLE, PALACE ROAD, BENGALURU - 560 001. 4. THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, SOCIAL WELFARE DEPARTMENT, VIKASA SOUDHA, BENGALURU - 560 001. …RESPONDENTS (BY SMT.SARITHA KULKARNI, AGA FOR R1 TO R4; SRI.ARAVIND V CHAVAN, ADVOCATE FOR R2; SRI.N.AMARESH, ADVOCATE FOR R3) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENTS TO RELEASE THE PENSIONARY BENEFITS TO THE PETITIONERS THAT HE IS ENTITLED TO CONSEQUENT ON HIS RETIREMENT ON ATTAINING THE AGE OF SUPERANNUATION ON 30.09.2023 WITHIN THE TIME LIMIT TO BE STIPULATED BY THIS HON BLE COURT AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioner has sought for the following reliefs: - 3 - HC-KAR NC: 2026:KHC:16098 WP No. 39271 of 2025 “(i) To issue a writ of mandamus or any other appropriate writ or order directing the Respondents to release the pensionary benefits to the Petitioners that he is entitled to consequent on his retirement on attaining the age of superannuation on 30.09.2023 within the time limit to be stipulated by this Hon'ble Court; (ii) To direct the Respondents to consider the representations dated 07.05.2025, 16.06.2025 and 27.10.2025 (vide Annexures-Q, R & S) within a time limit to be stipulated by this Hon'ble Court and release all retirement benefits including interest in terms of the Government order dated 13.09.1994 (Annexure -V) for the delayed period; and (iii) To pass such other order as this Hon'ble Court deems fit in the facts and circumstances of the case.” 2. Heard learned counsel for the petitioner, learned AGA for respondent Nos.1 and 4 and learned counsel for the respondent Nos.2 and 3 and perused the material on record. 3. It is the grievance of the petitioner that his representations dated 07.05.2025, 16.06.2025 and 27.10.2025 at Annexures- Q, R and S respectively submitted to the respondents has not been considered so far by them nor any order has been - 4 - HC-KAR NC: 2026:KHC:16098 WP No. 39271 of 2025 passed on the same. Under these circumstances, the petitioner is before this Court by way of the present petition. 4. Per contra, learned counsel for the respondents submits that if reasonable time is given, they would consider and pass necessary order on the said representation. 5. In view of the aforesaid facts and circumstances and rival submissions, the respondents are hereby directed to address the grievances of the petitioner and consider his representations dated 07.05.2025, 16.06.2025 and 27.10.2025 at Annexures- Q, R and S respectively and pass appropriate order / take appropriate decision in accordance with law, within a period of three months from the date of receipt of a copy of this order. 6. With the aforesaid directions, the petition stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE BH List No.: 1 Sl No.: 5