- 1 - HC-KAR NC: 2026:KHC:2599 WP No. 65127 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 65127 OF 2016 (S-R) BETWEEN: 1. SMT. K.J. PHILOMENA AGED ABOUT 55 YEARS W/O LATE R MANOHARAN 2. SRI M ANISH STEPHEN AGED ABOUT 24 YEARS S/O LATE R MANOHARAN 3. KUM M ALISHA MARY AGED ABOUT 19 YEARS S/O LATE R MANOHARAN ALL ARE R/AT NO.HB(A) 12 IISC QUARTERS H.M.T.MAIN ROAD YESHWANTHPUR BENGALURU-560022. …PETITIONERS (BY SMT. PARTICIA GONSALVES, ADVOCATE) AND: 1. INDIAN INSTITUTE OF SCIENCE REP. BY ITS FINANCIAL CONTROLLER FINANCE & ACCOUNTS BENGALURU-560012. 2. VASAVI CREDIT CO-OPERATIVE SOCIETY LIMITED REP. BY ITS CHIEF EXECUTIVE OFFICER NO.108/1, SHREE CHAKRA EAST PARK ROAD MALLESHWARAM, BENGALURU-560003. Digitally signed by MALATHI CHALUVA IYENGAR Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:2599 WP No. 65127 of 2016 3. CANARA BANK REP BY ITS BRANCH MANAGER II SC BRANCH, BENGALURU-560012. 4. SREE THYAGARAJA CO-OPERATIVE BANK LIMITED REP. BY ITS MANAGER KAMAKSHIPALYA, MAGADI ROAD BENGALURU-560079. 5. JANATHA CO-OPERATIVE BANK REP BY ITS MANAGER NO.156, 17TH CROSS MALLESHWARAM, BENGALURU-560055. 6. ADDITIONAL REGISTRAR OF CO OPERATIVE SOCIETIES (HOUSING & MISCELLANEOUS) OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES NO.1, ALI ASKER ROAD BENGALURU-560052. …RESPONDENTS (BY SRI. N SURENDRA KUMAR., ADVOCATE FOR R4: SRI PRADEEP S SAWKAR, ADVOCATE FOR R1: SRI. D K SRIRAMAPPA, ADVOCATE FOR R2 ABSENT SRI. S GURUPRASANNA, ADVOCATE FOR R3 ABSENT SRI. SUNIL KUMAR P BANGARI, ADVOCATE FOR R5 ABSENT R6 IS SERVED ) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INIDA PRAYING TO DIRECT THE R-1 TO RELEASE IN FAVOUR OF THE PETITIONERS THE ENTIRE TERMINAL/ PENSIONARY BENEFITS OF LATE R.MANOHARAN FORTHWITH 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 H.T. NARENDRA PRASAD - 3 - HC-KAR NC: 2026:KHC:2599 WP No. 65127 of 2016 ORAL ORDER 1. In this writ petition, the petitioner has sought for the following relief/s: “1. Issue a writ, order or direction in the nature of Mandamus or any other appropriate writ, order or direction directing the First Respondent to release in favour of the Petitioners the entire terminal/pensionary benefits of late R.Manoharan forthwith. 2. Prayer No.2 deleted vide Court order dated 20.04.2017. 3. Issue such other order or orders as this Hon'ble Court may deem fit in the facts and circumstances of the case in the interest of justice and equity.” 2. The case of the petitioner is that the husband of petitioner No.1 and father of petitioner Nos.2 and 3, Sri Late R.Manoharan died on 11.06.2015 and his terminal/pensionary benefits have not been settled. Therefore, the petitioners are before this Court. 3. Learned counsel for respondent No.1 has filed the statement of objection and submitted that the deceased - 4 - HC-KAR NC: 2026:KHC:2599 WP No. 65127 of 2016 employee had obtained loan from Co-operative Societies and Banks i.e. respondent Nos.2 to 5. It is obligation on the employer to deduct the loan amount availed by the deceased employee before payment of terminal/pensionary of benefits. 4. The details of the loan amount due from the deceased employee to be paid to the Banks/Societies as per Annexure-B is as follows: Sl. No. Name of the bank/co-operative society Loan amount due 1 Canara Bank IISC Branch 5,31,704/- 2 Vasavi Credit co-operative society, Malleshwaram Bangalore - 3 7,04,020/- 3 Sree Thyagaraja Co-operative Bank Ltd Kamakshipalya, Magadi road 65,264/- 4 Janata Co-operative Bank, Malleswaram 23,080/- TOTAL 13,24,068/- 5. Learned counsel for respondent No.4-Tygaraja Co- operative Bank has filed a memo stating that the matter has been settled and the amount due from the deceased employee has been recovered. - 5 - HC-KAR NC: 2026:KHC:2599 WP No. 65127 of 2016 6. None appears for respondent No.5. 7. Learned counsel for the petitioners has submitted that the amount due from the deceased employee to respondent No.5-Janata Co-operative Bank is only Rs.23,080/- and the Bank will not claim any due either from the petitioners or from respondent No.1. 8. Even after service of notice, none appears for the respondent No.3-Canara Bank. However, in respect of loan amount due to respondent No.3-Canara Bank, IISc Branch is concerned, today, a memo has been filed by the petitioners stating that the matter has been settled before the Lok-Adalath in O.S.No.1407/2018 before the Principal City Civil and Sessions Judge, Bengaluru and the amount due has been paid to respondent No.3. 9. In respect of loan amount due of Rs.7,04,020/- payable to respondent No.2-Vasavi Credit Co-operative Society is concerned, the petitioners have already paid certain amount and the remaining amount due is only Rs.1,55,802/-. - 6 - HC-KAR NC: 2026:KHC:2599 WP No. 65127 of 2016 10. Therefore, the only amount due is Rs.1,55,802/-, which is payable to respondent No.2-Vasavi Credit Co-operative Society. 11. In view of the above, respondent No.1 is directed to settle the terminal/pensionary benefits to the petitioners , after deducting Rs.1,55,802/-. The same is subject to the Clearance Certificate to be produced by the petitioners from the Vasavi Credit Co-operative Society. 12. With that observation, the above writ petition is disposed of. 13. All the other contentions of the parties are left open. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA LIST NO.: 1 SL NO.: 36