- 1 - HC-KAR NC: 2026:KHC-D:1212 WP No. 100642 of 2026 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 30TH DAY OF JANUARY 2026 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA WRIT PETITION NO. 100642 OF 2026 (S-R) BETWEEN: SRI. BASAVARAJA B.H. S/O. LATE B.H.KANGAPPA, AGED ABOUT 74 YEARS, OCC: RETIRED EMPLOYEE, R/O. 3/E, WARD NO.2, BEHIND KSRTC BUS STAND, KUDLIGI -POST AND TALUK, VIJAYANAGARA DIST-583135. …PETITIONER (BY SRI. SATHISH M.S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY, FINANCE DEPARTMENT, VIDHANA SOUDHA, BENGALURU-560001. 2. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL ACCOUNTANT GENERAL (A AND E), ACCOUNTANT GENERAL OFFICE BUILDING, PARK HOUSE ROAD, BENGALURU-560001. 3. THE STATE OF KARNATAKA REPRESENTED BY PRINCIPAL SECRETARY, DEPARTMENT OF AGRICULTURE MARKETING, VIDHANA SOUDHA, BENGALURU-560001. GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2026.02.02 09:57:46 +0530 - 2 - HC-KAR NC: 2026:KHC-D:1212 WP No. 100642 of 2026 4. THE DIRECTOR DEPARTMENT OF AGRICULTURE MARKETING, NO.16, RAJ BHAVAN ROAD, BENGALURU-560001. 5. THE DISTRICT TREASURY OFFICER DISTRICT TREASURY OFFICE, MINI VIDHANA SOUDHA, VIJAYANAGARA DISTRICT-583201. 6. THE DISTRICT TREASURY OFFICER, DISTRICT TREASURY OFFICE, D.C.OFFICE COMPOUND, BALLARI, BALLARI DISTRICT-583101. …RESPONDENTS (BY SMT. NANDINI B.SOMAPUR, AGA) --- THIS WRIT PETITION IS FILED UNDER ARICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE AN ORDER OR DIRECTION OR NECESSARY WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO TREAT THE PERIOD 15 YEARS IN SUB-RULE (14) OF RULE 376 OF KARNATAKA CIVIL SERVICES 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 EXTENT ALL CONSEQUENTIAL BENEFITS ARISING THERETO, IN THE INTEREST OF JUSTICE AND EQUITY; ISSUE ANY OTHER ORDER OR DIRECTION, DIRECTING THE RESPONDENTS TO REFUND THE EXCESS AMOUNT OF COMMUTATION OF PENSION WITH 12% INTEREST HAVING ALREADY BEEN RECOVERED FROM THE PETITIONER WHO HAS PAID MORE THAN 10 YEARS 8 MONTHS AS PER HIS REPRESENTATION DATED 24-12- 2025 VIDE ANNEXURE -C, AND DIRECT THE RESPONDENTS TO PAY FULL PENSION TO THE PETITIONER IN THE INTEREST OF JUSTICE AND EQUITY 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:1212 WP No. 100642 of 2026 ORAL ORDER 1. The petitioner is before this Court seeking the following reliefs: “a) Issue an order or direction or necessary writ of Mandamus directing the respondents to treat the period 15 years in sub-rule (14) of rule 376 of Karnataka Civil Services 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 extent 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 commutation of pension with 12% interest having already been recovered from the petitioner who has paid more than 10 years 8 months as per his representation dated 24-12- 2025 vide ANNEXURE-C, and direct the respondents to pay full pension to the petitioner in the interest of justice and equity. c) To grant such other relief/relief’s as this Hon’ble court deems fit and proper in the facts and circumstances of this case in the interest of justice.” 2. Learned counsel for the petitioner submits that on an identical issue, a Co-ordinate Bench of this Court, in the case of Sri. Basanagouda S. Hiregoudar Vs. - 4 - HC-KAR NC: 2026:KHC-D:1212 WP No. 100642 of 2026 The State of Karnataka and Others1 (Basanagouda) directed the respondent authorities to consider the representations of the petitioners therein and further ordered that till such consideration, no recovery or coercive steps shall be taken against the petitioners. 3. Learned counsel further submits that the petitioner herein is similarly placed as the petitioners in the aforesaid writ petition and therefore, entitled for similar relief. 4. This Court, in Basanagouda case supra, has held as under: “1. Learned Additional Government Advocate accepts notice for the respondents. 2. The petitioner is before this Court seeking the following reliefs: a. Issue a writ in the nature of mandamus directing the respondents to treat the period of 15 years in sub-Rule (14) of Rule 376 of the Karnataka Civil Service Rules, 1958 as 10 years and 8 1 Writ Petition No.107168 of 2025 disposed of on 25.09.2025 - 5 - HC-KAR NC: 2026:KHC-D:1212 WP No. 100642 of 2026 months (128 months) for recovery of the lump-sum amount paid to the petitioner in monthly installments from the pension payable to the petitioner and to extend all consequential benefits arising therefrom, in the interest of justice and equity. b. Issue any other order or direction, directing the respondents to refund the excess amount of commutation of pension already recovered from the petitioner who has paid for more than 10 years and 8 months, as per the representation dated 28.08.2025, and direct the respondents to pay full pension to the petitioner. c. Issue any other order or direction as this Hon’ble Court may deem fit and proper in 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 not yet been considered, but the respondents are proposing to recover the amount. It is in that background that the petitioner is before this Court seeking the aforesaid reliefs. 4. Whenever any representation is submitted to any statutory or 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 - 6 - HC-KAR NC: 2026:KHC-D:1212 WP No. 100642 of 2026 rejecting the same. Neither having been done, I pass the following: ORDER i. The writ petition is allowed. 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 an order is passed, no recovery can be made from the petitioner.” 5. Learned Additional Government Advocate appearing for the State does not dispute that the petitioner is similarly situated to the petitioner in Basanagouda supra. 6. In light of the submissions made and having regard to the parity in facts and circumstances, this Court pass the following order: ORDER i. The writ petition is allowed. - 7 - HC-KAR NC: 2026:KHC-D:1212 WP No. 100642 of 2026 ii. A writ of mandamus is issued, directing the respondents to consider the petitioner’s representation dated 24.12.2025 (Annexure–C) and pass appropriate orders within a period of six weeks from the date of receipt of the certified copy of this order. iii. It is needless to state that, until such consideration and passing of orders on the representation, no recovery or coercive steps shall be taken against the petitioner. Sd/- JUSTICE K.S.HEMALEKHA gab CT:VH List No.: 1 Sl No.: 26