- 1 - HC-KAR CNR: KAHC010512502025 NC: 2026:KHC:46921-DB WA No. 1271 of 2025 C/W CCC No. 780 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2026 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE T.P.VIVEKANANDA WRIT APPEAL NO. 1271 OF 2025 (S-RES) C/W CIVIL CONTEMPT PETITION NO. 780 OF 2022 IN WA No. 1271/2025 BETWEEN: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY TO GOVERNMENT DEPARTMENT OF EDUCATION (COLLEGIATE EDUCATION) M.S. BUILDING, BENGALURU-560 001 2. PRINCIPAL ACCOUNTANT GENERAL (A AND E) KARNATAKA P.B. NO.5329/5369 PARK HOUSE ROAD BENGALURU-560 001 3. SENIOR ACCOUNTS OFFICER OFFICE OF PRINCIPAL ACCOUNTANT GENERAL (A AND E) P.B. NO.5329/5369 PARK HOUSE ROAD BENGALURU-560 001 …APPELLANTS (BY SRI: S A AHMED, AAG A/W SRI: VIKAS ROJIPURA, AGA) Digitally signed by PAVITHRA B Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010512502025 NC: 2026:KHC:46921-DB WA No. 1271 of 2025 C/W CCC No. 780 of 2022 AND: 1. SMT. H.K. SEETHALAXMI W/O SHRI. B.S. CHANDRAMOHAN AGED ABOUT 62 YEARS RESIDING AT SWASTIK APPAYYA SWAMY ROAD VIRAJPET, KODAGU DISTRICT-571 218 2. THE PRINCIPAL CAUVERY COLLEGE GONIKOPPAL-571 213 COORG DISTRICT …RESPONDENTS (BY SRI: SUBRAHMANYA BHAT M, ADVOCATE FOR R1) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO ALLOW THE WRIT APPEAL AND SET ASIDE THE ORDER DATED 07.04.2022 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON'BLE COURT IN W.P No.22404/2021 (S-RES) IN SO FAR AS INTEREST IS DIRECTED TO BE PAID ON COMMUTED VALUE OF PENSION IS CONCERNED. IN CCC NO. 780/2022 BETWEEN: SMT. H.K. SEETHALAXMI W/O SHRI. B.S. CHANDRAMOHAN AGED ABOUT 63 YEARS RESIDING AT 'SWASTIK' APPAYYA SWAMY ROAD VIRAJPET, KODAGU DISTRICT-571 218 ...COMPLAINANT (BY SRI: SUBRAHMANYA BHAT M, ADVOCATE) - 3 - HC-KAR CNR: KAHC010512502025 NC: 2026:KHC:46921-DB WA No. 1271 of 2025 C/W CCC No. 780 of 2022 AND: 1. SMT. RASHMI MAHESH, IAS SECRETARY TO GOVERNMENT STATE OF KARNATAKA DEPARTMENT OF EDUCATION (COLLEGIATE EDUCATION) M.S.BUILDING BANGALORE-560 001 2. SRI. N. RAMESH PRINCIPAL ACCOUNTANT GENERAL (A AND E) KARNATAKA, P.B.NO.5329/5369 PARK HOUSE ROAD BANGALORE-01 3. SMT. YASHODA SENIOR ACCOUNTS OFFICER OFFICE OF PRINCIPAL ACCOUNTANT GENERAL (A AND E) KARNATAKA, P.B.NO.5329/5369 PARK HOUSE ROAD BANGALORE-01 4. STATE OF KARNATAKA REP. BY SECRETARY TO GOVERNMENT DEPARTMENT OF EDUCATION (COLLEGIATE EDUCATION) M.S.BUILDING, BANGALORE-560 001 ...ACCUSED (BY SRI: AMARESH, CGPC FOR A2 AND 3; SRI: VIKAS ROJIPURA, AGA FOR A4; A1 IS SERVED AND UNREPRESENTED) THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, PRAYING TO INITIATE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED FOR HAVING DELIBERATELY DISOBEYED THE JUDGMENT - 4 - HC-KAR CNR: KAHC010512502025 NC: 2026:KHC:46921-DB WA No. 1271 of 2025 C/W CCC No. 780 of 2022 DATED 07.04.2022 PASSED IN W.P.NO.22404/2021 (ANNEXURE-A) TO THE EXTENT OF NON PAYMENT OF INTEREST AT THE RATE OF 8% TO THE COMPLAINANT AND PUNISH THEM IN ACCORDANCE WITH LAW. THIS WRIT APPEAL AND CCC, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE T.P.VIVEKANANDA ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) WA NO.1271 OF 2025: IA No.1 of 2025 is filed seeking condonation of delay of 1179 days in filing the appeal. 2. The reasons stated in the affidavit filed in support of the application filed for condonation for the delay is as follows: "5. Following the dismissal of Review Petition No.701/2022 on 27.01.2025, the matter was re- examined by the Department in light of the Hon'ble Court's observations in Contempt Case CCC No.780/2022. For that, no unreasonable delay is intentionally caused by the Appellant in filing the Writ - 5 - HC-KAR CNR: KAHC010512502025 NC: 2026:KHC:46921-DB WA No. 1271 of 2025 C/W CCC No. 780 of 2022 Appeal before this Hon'ble Court. The Order of the Hon'ble High Court is complied within its full capacity. 6. That the Appellants respectfully submit that unless the delay is condoned, they will be prejudiced by being denied an opportunity to contest an important legal issue concerning the liability to pay interest on commuted value of pension an amount which, by its nature and as per settled executive instructions, is a recoverable advance, and not a pensionary benefit." 3. We have heard the learned Additional Advocate General appearing for the appellants as well as the learned counsel appearing for the respondents herein. 4. Learned counsel for the respondents places reliance on the decision of the Apex Court in Israr Ahmad Khan Vs Amarnath Prasad and Others1, wherein, it is stated as follows: "27. Delayed filing of appeals should be the exception, but in recent times, the exception has practically evolved to become the rule. Orders passed by the Courts are not complied with for a long time, and 1 2026 SCC Online SC 322 - 6 - HC-KAR CNR: KAHC010512502025 NC: 2026:KHC:46921-DB WA No. 1271 of 2025 C/W CCC No. 780 of 2022 when Contempt Petitions are filed, belated appeals, with tremendous delay, are preferred. 28. The (alleged) continuing contumacious conduct of the defaulting party is sought to be justified on the mere production of a Diary/Filing/Stamp Reporting Number showing that an appeal has been preferred, so as to obtain multiple adjournments in contempt matters." 5. Having considered the contentions advanced, we notice that no sufficient cause has been shown to condone the delay of 1179 days in filing the writ appeal, especially in a case, where the contempt of Court case had already been registered in the matter. 6. In the above view of the matter, we are of the opinion that there is no justification in the application seeking condonation of delay. The application i.e., IA.No.1 of 2025 filed for condonation of delay is accordingly, dismissed. 7. As a result, the appeal is also dismissed. - 7 - HC-KAR CNR: KAHC010512502025 NC: 2026:KHC:46921-DB WA No. 1271 of 2025 C/W CCC No. 780 of 2022 CCC No.780 OF 2022: 8. This contempt of Court case is filed alleging non- compliance of the directions issued by the learned Single Judge in Annexure-A of the judgment dated 07.04.2022. The operative portion reads as follows: "5. Consequently, this writ petition stands disposed of with a direction to the respondent - authorities to disburse the pensionary benefits and all other benefits which are payable to the petitioner as expeditiously as possible and at any rate within a period of six weeks from the date of receipt of certified copy of this order. For the delayed period, interest at the rate of 8% in terms of the Government Order dated 21.08.2003 shall also be paid to the petitioner." 9. It is submitted by learned Additional Advocate General appearing on behalf of the respondents that the entire retirement benefits due to the complainant herein have been disbursed with interest at the rate of 8% as directed by the learned Single Judge. It is further submitted that in respect of the commutation of pension, the commutation was made only on 29.03.2025 and soon thereafter, the commuted value of pension has been released to the complainant. - 8 - HC-KAR CNR: KAHC010512502025 NC: 2026:KHC:46921-DB WA No. 1271 of 2025 C/W CCC No. 780 of 2022 10. It is submitted that till the commutation was effected on 29.03.2025, the full pension due to the complainant was being paid. 11. In the above circumstances, it is submitted that there is no interest due on the commuted value of pension, since the commutation was made only on 29.03.2025. 12. Accepting this proposition and on a finding that interest at 8% has been paid on all retirement benefits, which were belatedly paid to the complainant, the contempt of Court case is closed. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (T.P.VIVEKANANDA) JUDGE BGN List No.: 1 Sl No.: 10