- 1 - HC-KAR NC: 2026:KHC:813-DB WP No. 26752 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JANUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO. 26752 OF 2023 (S-KSAT) BETWEEN: SRI. B.N. VASU, S/O SRI LINGAIAH AGED ABOUT 66 YEARS RETIRED GRAMA PANCHAYATH SECRETARY GRADE-II TALUK PANCHAYATH H D KOTE, MYSURU DISTIRCT R/AT ARALIMARADA KOOPALU BETTADAPURA HOBLI PERIYAPATNA TALUK MYSURU DISTRICT - 571 102. …PETITIONER (BY SRI. PATTABI C., ADV. -ABSENT) AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY SHRI ANJUM PARWEZ DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYATH RAJ M S BUILDING, 3RD FLOOR, 3RD GATE BENGALURU – 560001. 2. THE CHIEF EXECUTIVE OFFICER REP. BY SMT. POORNIMA B R Digitally signed by NANJUNDACHARI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:813-DB WP No. 26752 of 2023 ZILLA PANCHAYATH, MYSURU DISTIRCT MYSURU – 570001. …RESPONDENTS (BY SRI. V SHIVAREDDY, AGA) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT TO SETTLE THE PENSIONARY BENEFITS ACCORDING TO THE ORDER PASSED BY THE LEARNED TRIBUNAL IN APPLICATION NO.6674 & 7035/2019 DATED 06.08.2021 AS PER ANNEXURE-A AND PASS SUCH OTHER ORDER OR DIRECTIONS THAT THIS HONOURABLE COURT DEEMS FIT UNDER THE CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.G.PANDIT AND HON'BLE MR. JUSTICE K. V. ARAVIND ORAL ORDER (PER: HON'BLE MR. JUSTICE S.G.PANDIT) There is no representation for the petitioner in the morning as well as in the afternoon. 2. Heard learned AGA for respondents. - 3 - HC-KAR NC: 2026:KHC:813-DB WP No. 26752 of 2023 3. It is seen from the petition averments that the petitioner is before this Court under Article 226 of the Constitution of India, praying for a writ of mandamus, directing the respondents to settle the pensionary benefits in terms of the order dated 06.008.2021 in Applications No.6674 and 7035 of 2019 passed by the Karnataka State Administrative Tribunal, Bangalore (for short “Tribunal”) at Annexure-A. 4. Petitioner was before the Tribunal in the above stated applications and the said applications were allowed in the following terms: “Hence, applications are allowed in part. The enquiry proceedings initiate as against the applicant by issuance of the show cause notice dated 21.06.2008 accompanied by the Articles of Charge is hereby declared as abandoned by the respondent authorities. The respondent authorities shall unnecessarily withheld the pensionary benefits of the applicant for the prolonged period only on account of pendency of the departmental enquiry proceedings. Therefore, the respondents have to settle the pensionary benefits of the applicant to - 4 - HC-KAR NC: 2026:KHC:813-DB WP No. 26752 of 2023 which he is legally entitled along with interest at 8% p.a. from the date of retirement of the applicant i.e., 31.05.2017, till the payment of the same to the applicant. Time for compliance is four months from the date of receipt of copy of this order.” 5. The order passed by the Tribunal is in favour of the petitioner. Against the said order, the petitioner filed contempt proceedings in CCC No.1162/2022 before this Court. This Court, by order dated 22.08.2023 permitted the complainant i.e., petitioner herein to withdraw the contempt petition, with liberty to approach appropriate forum in accordance with law. The petitioner instead of approaching the appropriate Forum has filed the present writ petition, which is not maintainable. The petitioner cannot be an aggrieved person to challenge Annexure-A order dated 06.08.2021 in Applications No.6674 & 7032/2019 before this Court. In fact, the order of the Tribunal is in favour of the petitioner wherein direction is issued to settle the pensionary benefits of the petitioner - 5 - HC-KAR NC: 2026:KHC:813-DB WP No. 26752 of 2023 with interest at the rate of 8% p.a. from the date of retirement till payment of the same. 6. In the above circumstances, the writ petition stands rejected, with liberty to the petitioner to approach the appropriate forum. Sd/- (S.G.PANDIT) JUDGE Sd/- (K. V. ARAVIND) JUDGE MPK CT:bms List No.: 1 Sl No.: 28