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2026 DAILYLAW 43720 (KAR)

MWO (HONY FG OFFR) JAI PRAKASH TRIPATHI (RETD) v. THE PRINCIPAL CONTROLLER OF DEFENCE ACCOUNTS

WP/4205/2026 · 2026-09-25

M Nagaprasanna

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010092582026 NC: 2026:KHC:53365 WP No. 4205 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 4205 OF 2026 (S-RES) BETWEEN: MWO (HONY FG OFFR) JAI PRAKASH TRIPATHI (RETD), SERVICE NO. 638812-G, S/O BAL KRISHNA TRIPATHI, NO.102/2, FLAT NO A-302, 2ND CROSS, NEAR SUNSHINE SCHOOL, ASHWATHNAGAR, RMV 2ND STAGE, BENGALURU - 560 094. …PETITIONER (BY SRI. VASANTH KUMAR N, ADVOCATE) AND: 1. THE PRINCIPAL CONTROLLER OF DEFENCE ACCOUNTS, OFFICE AT DRAUPADI GHAT, NEW CANTT, PRAYAGRAJ - 211 014. 2. SRI. ROOPWANT SONI, CONTROLLER OF DEFENCE ACCOUNTS, OFFICE AT DRAUPADI GHAT, NEW CANTT, PRAYAGRAJ - 211 014. …RESPONDENTS (BY SRI. JAGADISH G KUMBAR, CGC) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA TO PRAY FOR THAT THE Digitally signed by PADMAVATHI B K Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010092582026 NC: 2026:KHC:53365 WP No. 4205 of 2026 RESPONDENT PAY THE ENTIRE COMMUTED VALUE OF PENSION ON DISABILITY PENSION OF RS. 5,96,495/- ALONG WITH INTEREST AND COST OR REVERT THE PENSION WITHOUT DEDUCTION OF EMI OF RS. 5,894/- AND THE PETITIONER IS WILLING TO RETURN RS. 1,57,477/-. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before the Court seeking the following prayer: “WHEREFORE, the petitioners pray for that the respondent pay the entire commuted value of pension on disability pension of Rs.5,96,492/- along with interest and cost or revert the pension without deduction of EMI of Rs.5,894/- and the petitioner is willing to return Rs.1,57,477/-.” 2. Heard Sri.Vasanth Kumar N, learned counsel appearing for the petitioner, Sri.Jagadish G Kumbar, learned CGC representing the respondents and have perused the material on record. - 3 - HC-KAR CNR: KAHC010092582026 NC: 2026:KHC:53365 WP No. 4205 of 2026 3. The claim of the petitioner is for payment of commuted value of pension on disability pension and other terminal benefits. 4. Learned counsel for the respondents has now placed a memo of compliance of payment of Rs.5,96,492/- as allegedly claimed by the petitioner which is said to be paid in full and consequently, seeks disposal of the subject petition as the prayer of the petitioner has been redressed. The memo so filed by the respondents reads as under: "1. The above writ petition has been filed by the petitioner seeking payment of the commuted value of the Disability Element of his pension, claiming a total sum of Rs.5,96,492/-. During the pendency of the above writ petition, the claim of the petitioner has been duly considered, processed and settled by the competent authority. Pursuant to Corrigendum PPO No. 06 dated 28.01.2025, a sum of Rs.1,57,477/- was initially paid to the petitioner towards the commuted value of the Disability Element. Upon further verification and final settlement of the claim, the balance amount of Rs.4,39,015/- has also been paid to the petitioner vide UTR No. XUTR/RBISH00712552473 dated 10.07.2026. Thus, the entire amount of Rs.5,96,492/-, as claimed by the petitioner in the above writ petition, has been paid to him in full. The substantive relief sought by the petitioner therefore stands fully satisfied and the grievance raised in the writ petition no longer survives for consideration. - 4 - HC-KAR CNR: KAHC010092582026 NC: 2026:KHC:53365 WP No. 4205 of 2026 2. The aforesaid payment and final settlement of the claim are duly evidenced by Communication No. SPARSH/AF/11196/Court Cases (638812G) dated 16.07.2026, issued by the Office of the Principal Controller of Defence Accounts (Pensions), Prayagraj. A copy of the said communication is produced herewith and may kindly be taken on record. In view of the subsequent events and the complete settlement of the petitioner's monetary claim, no further effective relief survives for consideration by this Hon'ble Court. The cause of action, insofar as the relief sought in the present writ petition is concerned, has consequently been fully redressed and the writ petition has become infructuous. It is therefore respectfully submitted that, in view of the entire amount claimed by the petitioner having been paid and the relief sought having been fully satisfied, no further adjudication is necessary in the present proceedings. WHEREFORE, the Respondent Nos. 1 and 2 most respectfully pray that this Hon'ble Court may be pleased to take on record the payment particulars and the Communication No. SPARSH/AF/11196/Court Cases (638812G) dated 16.07.2026 produced along with this memo, record that the entire amount of Rs.5,96,492/- claimed by the petitioner has been paid in full and consequently, dispose of the above writ petition as having become infructuous, in view of the subsequent settlement of the petitioner's claim, in the interest of justice and equity." 5. Learned counsel for the petitioner submits that the interest part is completely ignored and would seek leave of the Court to submit a representation with regard to the interest part which is completely ignored. - 5 - HC-KAR CNR: KAHC010092582026 NC: 2026:KHC:53365 WP No. 4205 of 2026 6. In the light of the memo so filed, the grievance of the petitioner is redressed, except to the extent with regard to ignorance of interest. Therefore, if the interest is actually ignored, the petitioner is at liberty to submit a representation with regard to the quantum of interest that is entitled to and the respondent Nos.1 and 2 would consider the same, in accordance with law. Ordered accordingly and Writ Petition is disposed. Sd/- (M.NAGAPRASANNA) JUDGE CBC List No.: 2 Sl No.: 19