- 1 - HC-KAR NC: 2026:KHC-D:886 WP No. 100436 of 2026 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 23RD DAY OF JANUARY 2026 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA WRIT PETITION NO.100436 OF 2026 (S-R) BETWEEN: SHRI R.S. HIREMATH, AGE: 74 YEARS, OCC: RTD. PROFESSOR, KUD., R/O. VIJAYNAGAR, HALIYAL ROAD, DHARWAD-580003. …PETITIONER (BY SRI. LAXMAN T. MANTAGANI & SRI. AKSHAY MATAWALE, ADVOCATES) AND: 1. THE STATE OF KARNATAKA, REP. BY ITS CHIEF SECRETARY, FINANCE DEPARTMENT, VIDHANA SOUDHA, BENGALURU-560001. 2. THE STATE OF KARNATAKA, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS, VIDHANA SOUDHA, BENGALURU-560001. 3. THE REGISTRAR, KARNATAKA UNIVERSITY, MANJANNA E Digitally signed by MANJANNA E Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2026.01.24 11:27:59 +0530 - 2 - HC-KAR NC: 2026:KHC-D:886 WP No. 100436 of 2026 PAVATE NAGAR, DHARWAD-580003. 4. FINANCE OFFICER, KARNATAKA UNIVERSITY, FINANCE DEPARTMENT (PENSION), PAVATE NAGAR, DHARWAD-580003. 5. THE ACCOUNTANT GENERAL IN KARNATAKA, PART HOUSE ROAD, BENGALURU-560001. …RESPONDENTS (BY SMT. NANDINI B. SOMAPUR, AGA FOR R1, R2 & R5; SRI. K.L. PATIL, ADVOCATE FOR R3 & R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT-4 AND 5 TO TREAT THE PERIOD 15 YEARS IN SUB-RULE (14) OF RULE 376 OF KARNATAKA CIVIL SERVICE RULES 1958 AS 10 YEARS AND 8 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; ISSUE ANY OTHER ORDER OR DIRECTION, DIRECTING THE RESPONDENT-4 TO REFUND THE EXCESS AMOUNT OF COMMUTATION OF PENSION HAVING ALREADY BEEN RECOVERED IN EXCESS FROM THE PETITIONER AND DIRECT THE RESPONDENT NO.1 TO 4 TO PAY FULL PENSION TO THE PETITIONER AND ETC. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA - 3 - HC-KAR NC: 2026:KHC-D:886 WP No. 100436 of 2026 ORAL ORDER The petitioner a retired Professor of Karnataka University Dharwad has approached this Court seeking directions in relation to recovery of commuted value of pension under Rule 376(14) of the Karnataka Civil services Rules, 1958. 2. Heard Sri.Laxman T.Mantagani, learned counsel appearing for the petitioner, Smt.Nandini B.Somapur, the learned Additional Government Advocate for respondent Nos.1, 2 and 5 and Sri.K.L.Patil, the learned counsel for respondent Nos.3 and 4. 3. Learned counsel on both the sides fairly submit that issue involved in the present writ petition is squarely covered by order passed by this Court in the case of Basanagouda S. Hiregoudar Vs. The State of Karnataka and Others1 (Basanagouda), wherein this Court directed consideration of the representation 1 WP No.107168/2025 D.D 25.09.2025 - 4 - HC-KAR NC: 2026:KHC-D:886 WP No. 100436 of 2026 submitted by petitioner therein and granted interim protection from recovery pending such consideration. It is submitted that the present petitioner is similarly placed and is entitled to identical relief. 4. This Court in Basanagouda’s case has held as under; “1. Learned Additional Government Advocate accepts notice for the respondents. 2. The petitioner is before this Court seeking for the following reliefs: a. Issue a Writ in the nature of Mandamus 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 and 8 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. b. Issue any other order or direction, directing the respondents to refund the excess amount of communication of pension having - 5 - HC-KAR NC: 2026:KHC-D:886 WP No. 100436 of 2026 already been recovered from the petitioner who has paid more than 10 years and 8 months as per the representation dated 28.08.2025 vide annexure-d and direct the respondent no.1 to 5 to pay full pension to the petitioner. c. Issue any other order or direction as this Hon’ble court may deems fit and proper under the circumstances of the case, in the interest of justice and equity. 3. The respondents proposing to recover the commuted value of pension beyond 12 years, the petitioner submitted the representation on 28.08.2025 at Annexure-D. The said representation has still not been considered, but the respondents are proposing to recover the amount. It is in that background that the petitioner is before this Court seeking for the aforesaid reliefs. 4. Whenever any representation is submitted to any statutory authority or a Governmental authority it is required for the said authority to consider the same and pass necessary orders within a reasonable period of time, either accepting or rejecting the same. Neither having been done, I pass the following; ORDER i. The writ petition is allowed. - 6 - HC-KAR NC: 2026:KHC-D:886 WP No. 100436 of 2026 ii. A mandamus is issued, directing the respondents to consider the representation dated 28.08.2025 submitted by the petitioner at Annexure-D within a period of six weeks from the date of receipt of a copy of this order. iii. Needless to say, until such representation is considered and order is passed, no recovery can be made from the petitioner.” 5. It is brought to the notice of this Court that despite submission of the representation dated 05.01.2026 (Annexure-B), respondent No.4 has issued an endorsement stating that the recovery would continue till compilation of commutation and till further orders of the finance department. Such an endorsement, it is contended, is without authority of law particularly when the representation itself remained unconsidered. 6. It is well settled that whenever representation submitted to the statutory or Government authority, the same is required to be considered and decided within a reasonable time. Continuation of recovery without - 7 - HC-KAR NC: 2026:KHC-D:886 WP No. 100436 of 2026 adjudication of the representation cannot be sustained. Accordingly, this Court pass the following; ORDER i) The writ petition is allowed. ii) The impugned endorsement issued by respondent No.4 is held to be unsustainable. iii) Mandamus is issued, directing the respondents/authority to consider the petitioner’s representation dated 05.01.2026 (Annexure-B) in accordance with law within a period of six [6] weeks from the date of receipt of this order. iv) It is made clear that no recovery shall be effected from the petitioner’s pension, until representation is considered and a reasoned order is passed. Sd/- JUSTICE K.S.HEMALEKHA AM/- CT-MCK LIST NO.: 1 SL NO.: 13