- 1 - HC-KAR NC: 2026:KHC:13712 WP No. 5237 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 5237 OF 2026 (S-R) BETWEEN: S. KESHAVAMURTHY S/O LATE S. N. SRINIVASAMURTHY AGED ABOUT 75 YEARS, RETIRED COMMERCIAL TAX OFFICER, RESIDENT OF "SRINIVASA" NO.36, RAVI VARMA STREET BESIDES SRI SAWMILLS, SHIVAMOGGA-577 202. …PETITIONER (BY MISS AKSHATHA KODALI, ADVOCATE FOR SRI. ATUL KRISHNA RAO ALUR, ADVOCATE) AND: 1. SECRETARY TO THE GOVERNMENT OF KARNATAKA FINANCE DEPARTMENT VIDHANA SOUDHA BENGALURU-560 001. 2. THE CHIEF SECRETARY GOVERNMENT OF KARNATAKA VIDHANA SOUDHA, BENGALURU-560 001. 3. THE DIRECTOR OF TREASURY, GOVERNMENT OF KARNATAKA, Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:13712 WP No. 5237 of 2026 NRUPATHUNGA ROAD, BENGALURU-560 002. 4. THE ACCOUNTANT GENERAL, PENSION UNIT NEAR VIDHANA SOUDHA BENGALURU-560 001. …RESPONDENTS (BY SMT. SARITHA KULKARNI, AGA FOR R1 TO R3; SRI. AMBARISH, ADVOCATE FOR R4) THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO 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, THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR - 3 - HC-KAR NC: 2026:KHC:13712 WP No. 5237 of 2026 ORAL ORDER In this petition, the petitioner seeks 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 05/12/2025 vide ANNEXURE-D and direct the respondents to pay full pension to the petitioner. (c) Issue a Writ of Mandamus or any writ in the nature of directing the respondents to stop further recovery of the commuted portion of the Petitioner's pension as the principal and interest have already been recovered. (d) Direct the Respondents to refund any excess amount recovered beyond the 11th year e) Order to stop the recovery of commutation installment of Rs.3008/- from the month of January, 2026 and (f) Order to refund the amount of Rs.3008/- recovered commutation installment from the month of April 2022 upto the date of recovery, in the interest of justice and equity - 4 - HC-KAR NC: 2026:KHC:13712 WP No. 5237 of 2026 (g) Grant any other relief this Hon'ble Court deems fit in the interest of justice." 2. Heard learned counsel for the petitioner, learned AGA for respondent Nos.1 to 3 and learned counsel for respondent No.4 and perused the material on record. 3. It is the grievance of the petitioner that his representation dated 05.12.2025 at Annexure-D submitted to the respondents has not been considered so far by them nor any order has been 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 - 5 - HC-KAR NC: 2026:KHC:13712 WP No. 5237 of 2026 directed to address the grievances of the petitioner and consider his representation dated 05.12.2025 at Annexure-D and pass appropriate order / take appropriate decision in accordance with law, within a period of one month 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 NS CT:TSM List No.: 1 Sl No.: 8