- 1 - HC-KAR NC: 2026:KHC:27002-DB WP No. 13509 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JUNE, 2026 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE RAJESH RAI K WRIT PETITION NO. 13509 OF 2026 (S-KSAT) BETWEEN: 1. THE STATE OF KARNATAKA, REP. BY THE PRINCIPAL SECRETARY, DEPARTMENT OF HORTICULTURE AND SERICULTURE, M.S. BUILDING, BENGALURU -560 001. 2. THE COMMISSIONER FOR SERICULTURE, DEVELOPMENT AND THE DIRECTOR OF SERICULTURE, 5TH FLOOR, M. S. BUILDING, BENGALURU -560 001. 3. THE ACCOUNTANT GENERAL, KARNATAKA CIRCLE, PARK HOUSE, BENGALURU -560 001. …PETITIONERS (BY SRI. V SHIVA REDDY, AGA, ADV.) AND: SMT. USHA DEVI T.V. W/O NARAYANA MURTHY K.R. DECEASED EMPLOYEE, ASSISTANT DIRECTOR OF SERICULTURE, AGED ABOUT 63 YEARS, RESIDING AT 22ND WARD, NEAR RAMAKRISHNA KALYANA MANTAPA, BAGEPALLI-561 207, CHIKKABALLAPURA DISTRICT. …RESPONDENT Digitally signed by NANJUNDACHARI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:27002-DB WP No. 13509 of 2026 THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS; ISSUE A WRIT, ORDER OR DIRECTIONS IN THE NATURE OF CERTIORARI AND TO SET ASIDE THE FINAL ORDER PASSED BY THE TRIBUNAL ON 07/05/2025 IN APPLICATION NO.5352/2024 VIDE ANNEXURE-A TO THE WRIT PETITION AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.G.PANDIT AND HON'BLE MR. JUSTICE RAJESH RAI K ORAL ORDER (PER: HON'BLE MR. JUSTICE S.G.PANDIT) Petitioners, the State Authorities in the Department of Horticulture and Sericulture are before this Court under Article 226 of the Constitution of India questioning the order dated 07.05.2025 in Application No.5352/2024 passed by the Karnataka State Administrative Tribunal at Bengaluru (for short, ‘the Tribunal’) wherein the Tribunal has passed the following order: “(i) The Respondent No.3 & 2 are directed to consider all the documents presented to this Tribunal produced vide memo dated 11.03.2025 from Annexure-A11 to Annexure-A20 and consider the case of applicant as per applicable pension rules. - 3 - HC-KAR NC: 2026:KHC:27002-DB WP No. 13509 of 2026 (ii) In the event of applicant being found eligible in consideration of her representations dated 24.02.2020, 18.03.2020 and 22.06.2022, the applicant will be entitled for release of arrears of salary of the retired Government servant from 04.05.1992 to 31.12.2015 as per the re-fixation of salary letter of the 3rd Respondent dated 11.10.2023 addressed to the 2nd Respondent as in Annexure-A9, to release the regular pension, DCRG, terminal Leave Encashment and family pension along with interest as admissible on pension and DCRG from 01.01.2016 till 27.01.2020 and on family pension from 28.01.2020 up to the date of payment of the same and on Leave Encashment from 01.01.2016 up to the date of payment of the same and to release the Group Insurance amount as admissible along with applicable interest. (iii) The entire exercise shall be completed within 4 months from the date of issue of this order.” 2. Heard learned Additional Government Advocate Sri.V.Shiva Reddy for petitioners-State and perused the entire writ petition papers. - 4 - HC-KAR NC: 2026:KHC:27002-DB WP No. 13509 of 2026 3. The husband of the respondent was working as Assistant Director of Sericulture and he retired from service on attaining the age of superannuation on 30.12.2015. Thereafter, he died on 27.01.2020. Till his death, the pension or pensionary benefits of the retired officer was not settled by the authorities. Therefore, the respondent-legal representative of the deceased Government servant approached the Tribunal in Application No.5352/2024 and the Tribunal on considering the contentions of both the parties passed the above order. Questioning the order of the Tribunal, the State Authorities are before this Court in this writ petition. 4. The prayer of the petitioners-State is to set aside the entire order passed by the Tribunal. However, learned Additional Government Advocate Sri.V.Shiva Reddy restricts the same to portion of the order where the Tribunal has ordered payment of interest for the belated settlement of pensionary benefits. - 5 - HC-KAR NC: 2026:KHC:27002-DB WP No. 13509 of 2026 5. Learned Additional Government Advocate Sri.V.Shiva Reddy would submit that the deceased Government servant failed to approach the authorities by filing application for sanction of pension till his death and moreover he submits that the legal representative of the petitioner subsequently approached the authorities for sanction of pension and pensionary benefits. It is his submission that immediately on consideration of the application submitted by legal representative of the deceased Government servant, the pensionary benefits have been settled. It is his contention that for non- approaching the authorities for sanction of pension and pensionary benefits, the authorities cannot be made to suffer by directing payment of interest. It is submitted that when the husband of the deceased Government servant failed to submit any application, there was no obligation on the part of the authorities to sanction and pay the pensionary benefits. Further, learned Additional Government Advocate would submit that there was no - 6 - HC-KAR NC: 2026:KHC:27002-DB WP No. 13509 of 2026 nomination in favour of any person by the deceased Government servant to pay the pensionary benefits to such nominated person. Therefore, he submits that the Tribunal could not have directed the petitioner authorities to pay interest for the delayed payment of pension and also pensionary benefits. Thus, he would pray for allowing the writ petition. 6. Having heard the learned Additional Government Advocate and on perusal of the entire writ petition papers, the only point which falls for our consideration is as to, Whether, in the facts and circumstances, interference with direction issued by the Tribunal to pay interest for delayed payment of pension and pensionary benefits warrants interference? 7. The answer to the above point would be in the negative for the following reasons: - 7 - HC-KAR NC: 2026:KHC:27002-DB WP No. 13509 of 2026 It is not in dispute that the husband of the respondent was working as Assistant Director of Horticulture and Sericulture Department and he retired from the service on attaining the age of superannuation on 30.12.2015. For the reasons best known to the department, the pension and pensionary benefits of the husband of the respondent was not settled till his death which took place on 27.01.2020. However, subsequently the legal representative of the deceased Government servant i.e., wife-respondent herein made an application and considering the said application, the pension, pensionary benefits and revised pay was fixed in the year 2023. 8. Chapter XVIII, Rule 258 of KCSRs empowers the Government to sanction superannuation pension. Chapter XXI provides for application for sanction of pensions and the sanction of pension. Rule 321(1) of KCSRs requires the Head of the office to obtain from the retiring non-gazetted Government servant the particulars - 8 - HC-KAR NC: 2026:KHC:27002-DB WP No. 13509 of 2026 in Form 1B one year before the date of his retirement. Rule 327 of KCSRs requires a Gazetted officer to submit his formal application for pension one year in advance of the date of superannuation to the Accountant General who shall build up his pension records in Form 7 and intimate to Government in the Administrative Department concerned in the Secretariat through the Head of the Department the title to service gratuity or pension and DCRG admissible. 9. What we notice from the reading of Rule 327(1) of KCSRs is formal submission of application by a Gazetted Government servant. If a Gazetted Government servant fails to submit his application for sanction of pension, it shall be the responsibility of the higher authority to get his application and process the same with the Accountant General. As observed above, Rule 321(1) of KCSRs requires the Head of the Department to obtain from the retiring non-Gazetted Government servant the particulars in Form 1B one year before the date of his retirement. In - 9 - HC-KAR NC: 2026:KHC:27002-DB WP No. 13509 of 2026 the same manner, wherever the Gazetted officer fails to submit his application even after retirement, the higher authority of the officer concerned shall obtain the application for formal sanction of pension and pensionary benfits and process the same since the pension is a social welfare measure. Due to non-submission of the application by the concerned Government servant for pension, his family should not suffer. 10. In the instant case, though the deceased Government servant has retired on 30.12.2015, till his death, he appears to have not made any application. However, when the wife – legal representative of the deceased Government servant made an application in the year 2020, the respondents took nearly three years to sanction and pay family pension and settle the pensionary benefits. 11. The Government had issued Government Orders bearing No.FD (Special) 199 PEN 93 dated - 10 - HC-KAR NC: 2026:KHC:27002-DB WP No. 13509 of 2026 13.09.1994 and FD (Special) 92 PEN 95 dated 17.06.1995 for the payment of interest for the delayed settlement of pension and pensionary benefits in respect of the retired Government servants as well as deceased Government servants fixing the rate of interest at 12% p.a. However, by subsequent Government orders, the rate of interest is being reduced initially to 8% p.a., then to 6% p.a. and thereafter to 5.4% p.a. The purpose of issuing the above stated Government orders is to see that the pension and pensionary benefits of retired and deceased Government servants are settled expeditiously. 12. No doubt, in the instant case, in terms of the Government orders stated above, the State Authorities were required to settle the pension and pensionary benefits within three months from the date of retirement of the Government servant. However, in the instant case, though the deceased Government servant retired in the year 2015, the same is settled subsequent to his death on an application made by the respondent-wife in the year - 11 - HC-KAR NC: 2026:KHC:27002-DB WP No. 13509 of 2026 2023. For the delayed settlement of pension and pensionary benefits, the respondents – State would be liable to pay interest in terms of the above referred Government Orders. As such, we do not find any error or illegality in the order passed by the Tribunal. 13. There is no merit in the writ petition and accordingly writ petition stands rejected. Sd/- (S.G.PANDIT) JUDGE Sd/- (RAJESH RAI K) JUDGE NC CT:bms List No.: 1 Sl No.: 12