Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:5967 WP No. 3044 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 3044 OF 2026 (S-R) BETWEEN: SRI.SRINIVASA S/O LATE KARIGOWDA AGED ABOUT 73 YEARS R/AT NO.46/A, HIG GROUP-I 2ND PHASE, HOOTAGALLY KHB COLONY, MYSURU-570017. …PETITIONER (BY SRI. JNANESH KUMAR K., ADVOCATE) AND:
1. STATE OF KARNATAKA REP. BY ITS CHIEF SECRETARY FINANCE DEPARTMENT VIDHANA SOUDHA BENGALURU-560 001. 2. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY DEPT. OF PERSONNEL AND ADMINISTRATIVE REFORMS VIDHANA SOUDHA BENGALURU-560001. 3. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY DEPT. OF PRIMARY AND SECONDARY EDUCATION VIDHANA SOUDHA BENGALURU-560001. 4. THE ADDITIONAL COMMISSIONER FOR PUBLIC INSTRUCTIONS
Digitally signed by MALATHI CHALUVA IYENGAR Location: HIGH COURTOF KARNATAKA
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HC-KAR NC: 2026:KHC:5967 WP No. 3044 of 2026
NRUPATUNGA ROAD BENGALURU-560001. 5. THE ACCOUNTANT GENERAL IN KARNATAKA (A AND E) PARK HOUSE ROAD BENGALURU-560001. …RESPONDENTS (BY SRI.SPOORTHY HEGDE., HCGP FOR R1 TO R4:
SRI N AMARESH, SENIOR CGSC. FOR R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO TREAT THE PERIOD 15 YEARS, IN SUB-RULE(14) OF RULE 376 OF KARNATAKA CIVIL SERVICE RULES, 1958 AS 10 YEARS 08 MONTHS(128 MONTHS) FOR RECOVERY OF LUMPSUM AMOUNT PAID TO THE PETITIONER IN MONTHLY INSTALLMENT FROM PENSION PAYABLE TO THE PETITIONER AND TO EXTEND ALL CONSEQUENTIAL BENEFITS ARISING THERETO, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER
1. In this writ petition, the petitioner has sought for the following reliefs: a) Issue a writ of mandamus or any other appropriate writ, order or direction, directing the Respondents to treat the period 15 years, in Sub- Rule(14) of Rule 376 of Karnataka Civil Service Rules, 1958 as 10 years 08 months (128 months) for recovery of lumpsum amount paid to the Petitioner in monthly installment from pension payable to the Petitioner and to extend all consequential benefits arising thereto, in the interest of justice and equity.
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HC-KAR NC: 2026:KHC:5967 WP No. 3044 of 2026
b) Issue any other order or direction, directing the Respondents to refund the excess amount of communication of pension having already been recovered from the Petitioner which has paid more than 10 years 08 months as per the representation dated 05/12/2025 vide Annexure-B and direct the Respondents to pay full pension to the Petitioner. c) Grant such other and further relief as this Hon'ble Court deems fit and proper under the facts and circumstances of the case, in the interest of justice and equity. 2. The case of the petitioner is that he was working as Head Master in D.Banumaiah College, Mysuru, and he retired from service on 30.11.2012. After his retirement, an amount of Rs.8,075/- is being deducted from his pension every month without any reasons. Hence, the petitioner has given representation vide Annexure-B dated 05.12.2025 to stop deducting the said amount. Since the representation of the petitioner has not been considered, the petitioner is before this Court. 3. The learned counsel for the petitioner has contended that in similar circumstances this Court in W.P.No.107168/2025 dated 25.09.2025 had directed the
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HC-KAR NC: 2026:KHC:5967 WP No. 3044 of 2026
respondents to consider the representation of the petitioner within a period of six weeks from the date of receipt of copy of the order therein. 4. In view of the above, without expressing any opinion on the merits of the case, the writ petition is disposed of. 5. Respondent Nos.4 and 5 are directed to consider the representation dated 05.12.2025 submitted by the petitioner at Annexure-B, in accordance with law and as expeditiously as possible within six weeks from the date of receipt of certified copy of this order. 6. Needless to say, until such representation is considered and order is passed, no recovery can be made from the petitioner. Sd/- (H.T. NARENDRA PRASAD) JUDGE
DM LIST NO.: 1 SL NO.: 10