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2026 DAILYLAW 39239 (KAR)

SRI B V SHADAKSHARAIAH v. THE STATE OF KARNATAKA

WP/34059/2024 · 2026-09-01

Ashok S Kinagi

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010704692024 NC: 2026:KHC:47731 WP No. 34059 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 34059 OF 2024 (S-R) BETWEEN: SRI. B.V.SHADAKSHARAIAH, S/O VEERANNA, AGED ABOUT 63 YEARS, RETIRED D GROUP EMPLOYEE, SRI SIDDAGANGA COMPOSITE PU COLLEGE, (HIGH SCHOOL SECTION), B.H.ROAD, TUMKUR – 02. RESIDING AT KUMARAVYASA ROAD, OPP. POLICE STATION, KUDUR, MAGADI TALUK, RAMANAGARA DISTRICT. …PETITIONER (BY SRI. THYAGARAJA S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF SCHOOL EDUCATION AND LITERACY, M.S. BUILDING, BENGALURU - 560 001. Digitally signed by VARSHA N RASALKAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010704692024 NC: 2026:KHC:47731 WP No. 34059 of 2024 2. THE COMMISSIONER, DEPARTMENT OF SCHOOL EDUCATION AND LITERACY, NRUPATHUNGA ROAD, BENGALURU – 560 001. 3. THE DIRECTOR, (SECONDARY EDUCATION), DEPARTMENT OF SCHOOL EDUCATION AND LITERACY, NRUPATHUNGA ROAD, BENGALURU – 560 001. 4. THE DEPUTY DIRECTOR, DEPARTMENT OF SCHOOL EDUCATION AND LITERACY, TUMKUR DISTRICT, TUMKUR – 572 101. 5. SREE SIDDAGANGA EDUCATION SOCIETY (R), SREE SIDDAGANGA MUTT, TUMKURU – 572 104, REPRESENTED BY ITS SECRETARY. 6. THE ACCOUNTANT GENERAL (A AND E) IN KARNATAKA, PARK HOUSE ROAD, BENGALURU – 560 001. …RESPONDENTS (BY SRI.G.RAMESH NAIK, AGA FOR R1 – R4 AND R6; (NOTICE NOT YET ORDERED IN R/O R5)) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO I) DIRECTING THE - 3 - HC-KAR CNR: KAHC010704692024 NC: 2026:KHC:47731 WP No. 34059 of 2024 RESPONDENTS RE-FIX THE RETIREMENT AND PENSIONARY BENEFITS OF THE PETITIONER FROM THE DATED OF HIS INITIAL APPOINTMENT DATED 16.07.1987 TILL DATE OF RETIREMENT ON 31.05.2021 AND CONSEQUENTLY RELEASE AND PAY THE DIFFERENCE OF ALL RETIREMENT BENEFITS FORTHWITH SUCH AS DCRG, COMMUTATION VALUE OF PENSION, SURRENDER LEAVE ENCASHMENT, INCLUDING DIFFERENCE OF MONTHLY PENSION WITH THE INTEREST AT THE RATE OF 16 PERCENT PER ANNUM FOR BELATED PAYMENT 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 ASHOK S.KINAGI ORAL ORDER The petitioner filed this writ petition seeking for a mandamus directing the respondents to consider and dispose of the representation dated 25.09.2023 vide Annexure-G. 2. The petitioner made a request to the respondent to re- fix the retirement and pensionary benefits from the date of his initial appointment dated 16.07.1987 till the date of retirement on 31.05.2021 and consequently release and pay the difference - 4 - HC-KAR CNR: KAHC010704692024 NC: 2026:KHC:47731 WP No. 34059 of 2024 of all retirement benefits forthwith such as DCRG, commutation value of pension, surrender leave encashment, including difference of monthly pension with interest at the rate of 16% per annum for a belated payment. The said representation was not considered. Hence, this writ petition. 3. Learned Government Advocate submits that if reasonable time is granted, respondent No.1 will consider the representation vide Annexure-G in terms of the order passed by the co-ordinate bench of this Court in W.P.No.21216/2014 and connected matters disposed of on 10.07.2015, which is affirmed by the Division Bench of this Court in W.A.No.2476/2015 and connected matters. 4. In view of the submission made by the learned Government Advocate, I proceed to pass the following: ORDER The writ petition is disposed of, directing respondent No.1 to consider and dispose of the representation dated 25.09.2023 vide Annexure-G in terms of the order passed in W.P.No.21216/2014 - 5 - HC-KAR CNR: KAHC010704692024 NC: 2026:KHC:47731 WP No. 34059 of 2024 and connected matters disposed of on 10.07.2015 and pass appropriate orders within a period of eight weeks from the date of receipt of copy of this order. Sd/- (ASHOK S.KINAGI) JUDGE HDK List No.: 1 Sl No.: 38