- 1 - HC-KAR NC: 2026:KHC:19815 WP No. 24612 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 24612 OF 2025 (S-RES) BETWEEN: SMT. MUBEENA BEGUM D/O LATE MOHAMMED IBRAHIM SHERIFF AGED ABOUT 68 YEARS R/AT NO. 103, MACKAN ROAD SHIVAJINGAR, BENGALURU - 560 001. …PETITIONER (BY SRI. M.D. RAGHUNATH, ADVOCATE) AND: 1. THE COMMISSIONER OF PUBLIC INSTRUCTIONS., EDUCATION DEPARTMENT, NRUPATHUNGA ROAD, BENGALURU - 560 002. 2. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS EDUCATION DEPARTMENT, BENGALURU SOUTH TALUK, KALASIPALAYAM, BENGALURU - 560 002. 3. THE BLOCK EDUCATION OFFICER BENGALURU SOUTH - III BTM LAYOUT, BENGALURU - 560 034. …RESPONDENTS (BY SRI. SPOORTHY HEGDE, AGA FOR R1 TO R3) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:19815 WP No. 24612 of 2025 THIS WP IS UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) ALLOW THE PETITION B) ISSUE A WRIT OF MANDAMUS, DIRECTING THE RESPONDENTS 1-3 TO RELEASE THE PENSION TO THE PETITIONER FROM THE DATE OF RETIREMENT OF PETITIONER IN PARTICULAR FROM 15.01.2019 AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER After arguing the matter for sometime, learned counsel for the petitioner submits that due to bona fide reasons, unavoidable circumstances and sufficient cause, neither the petitioner nor his counsel could appear before the Educational Appellate Tribunal (EAT) in M.A.(EAT) No.17/2019 which was filed by the petitioner resulting in the said appeal being dismissed for non-prosecution by the EAT on 21.01.2023. 2. It is submitted that the present writ petition may be disposed of reserving liberty in favour of the petitioner to file an appropriate application seeking restoration of M.A.(EAT) No.17/2019 before the EAT and thereafter, approach this Court subsequently, if the occasion so arises. 3. Submission is placed on record. - 3 - HC-KAR NC: 2026:KHC:19815 WP No. 24612 of 2025 4. Petition stands disposed of reserving liberty in favour of the petitioner to file an appropriate application in M.A.(EAT) No.17/2019 seeking restoration of the said appeal before the EAT. If such an application is filed within a period of eight (8) weeks from today, the EAT shall consider the same and pass appropriate orders in accordance with law. 5. It is further directed that subsequent to disposal of the aforesaid M.A.(EAT) No.17/2019 by the EAT, liberty is reserved in favour of the petitioner to take recourse to such remedies as available in law including approaching this Court subsequently, if the occasion so arises. 6. Subject to the aforesaid directions and liberty reserved to approach this Court, subsequently, petition stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE HNM List No.: 1 Sl No.: 27