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2026 DAILYLAW 13807 (KAR)

KRISHNEGOWDA v. STATE OF KARNATAKA

WP/4975/2026 · 2026-02-18

H T Narendra Prasad

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:9822 WP No. 4975 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 4975 OF 2026 (S-RES) BETWEEN: 1. KRISHNEGOWDA S/O RANGEGOWDA AGED ABOUT 73 YEARS RETIRED LECTURER R/O 241, 1ST CROSS, 2ND STAGE JAYANAGAR EXTENSION, HASSAN-573 202. 2. M.S. VENKATESHA S/O LATE SRINIVASA MURTHY AGED ABOUT 73 YEARS RETIRED HIGH SCHOOL TEACHER R/O 185, JAYANAGARA NEAR RING ROAD CHIKKAHONNENHALLI HASSAN-573 201. 3. R. CHANDRASHEKARA S/O RAMA NAIKA AGED ABOUT 72 YEARS RETIRED LECTURER R/O 177 B BLOCK 10TH CROSS, 6TH MAIN J P NAGARA, MYSORE-570031. …PETITIONERS (BY SRI. MADHU M T., ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF EDUCATION M S BUILDING, DR. AMBEDKAR VEEDHI Digitally signed by MALATHI CHALUVA IYENGAR Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:9822 WP No. 4975 of 2026 BANGALORE 560001 REP. BY ITS PRINCIPAL SECRETARY. 2. THE PRINCIPAL ACCOUNTANT GENERAL (A & E) PARK HOUSE ROAD DEPARTMENT OF FINANCE VIDHANA SOUDHA DR. AMBEDKAR VEEDHI BENGALURU-560001 REP. BY ITS PRINCIPAL SECRETARY. 3. THE CHIEF SECRETARY DEPARTMENT OF FINANCE VIDHAN SOUDHA DR. AMBEDKAR VEEDHI BENGALURU-560001. …RESPONDENTS (BY SMT. ANITHA N, AGA FOR RESPONDENTS) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO RESTRAIN THE RESPONDENT STATE FROM RECOVERING THE EXCESS COMMUTED VALUE OF PENSION FROM THE PETITIONERS AS SHOWN UNDER ANNEXURE-B AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. At the outset, the learned AGA raised a preliminary objection regarding the maintainability of the writ petition and submitted that the petitioners have retired as Government Teachers and if they have - 3 - HC-KAR NC: 2026:KHC:9822 WP No. 4975 of 2026 any grievance in respect of their service, they have to approach the Karnataka State Administrative Tribunal. 2. The grievance in respect of the ‘service matters’ cannot be a subject matter of adjudication at the hands of a Writ Court, as the court of first instance, in the light of the decision of the Apex Court in the case of L.Chandra Kumar vs. Union of India and others reported in 1997(2) SCR 1186. 3. In view of the above, the writ petition is disposed of, reserving liberty for the petitioners to approach the appropriate legal forum. 4. In view of disposal of petition, all pending I.As., if any, are disposed of accordingly. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA LIST NO.: 1 SL NO.: 12