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2026 DAILYLAW 53365 (KAR)

SRI GOPINATH BELDONA S/O BELDONA NARASINGA RAO v. UNION OF INDIA

WP/106591/2024 · 2026-01-28

K S Hemalekha

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC-D:998 WP No. 106591 of 2024 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 28TH DAY OF JANUARY 2026 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA WRIT PETITION NO.106591 OF 2024 (S-R) BETWEEN: SRI. GOPINATH BELDONA S/O. BELDONA NARASINGA RAO, AGED ABOUT 64 YEARS, OCC: ADVOCATE, R/O. PLOT NO.7A, 1ST CROSS, SHANKAR COLONY, S.N.PET, BALLARI-583101. …PETITIONER (BY SRI. VADIRAJA PADAKANDLA, ADVOCATE) AND: 1. UNION OF INDIA REP. BY SECRETARY TO GOVERNMENT OF INDIA, MINISTRY OF LABOUR AND EMPLOYMENT, SHRAM SHAKTI BHAWAN, RAFI MARG, NEW DELHI-110 001. 2. CENTRAL PROVIDENT FUND COMMISSIONER (PENSION) EMPLOYEES, PROVIDENT FUND ORGANIZATION, MINISTRY OF LABOUR AND EMPLOYMENT, GOVT. OF INDIA, BHAVISHYA NIDHI BHAWAN, 14, BHIKAJI CAMA PLACE, NEW DELHI-110066. 3. REGIONAL PROVIDENT FUND COMMISSIONER-1 (PENSION), EMPLOYEES PROVIDENT FUND ORGANIZATION, GOVT. OF INIDA, BHAVISHYA NIDHI BHAWAN, 14, BHIKAJI CAMA PLACE, NEW DELHI-110066. 4. COMMISSIONER REGIONAL PROVIDENT FUND MANJANNA E Digitally signed by MANJANNA E Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2026.02.05 11:01:12 +0530 - 2 - HC-KAR NC: 2026:KHC-D:998 WP No. 106591 of 2024 EMPLOYEES PROVIDENT FUND ORGANIZATION, RAJARAM MOHAN ROY ROAD, POST BOX NO.25146, BENGALURU-560025. 5. ASSISTANT PROVIDENT FUND COMMISSIONER, REGIONAL PROVIDENT FUND, BHAVISHYA NIDHI BHAVANA, RAGHAVENDRA COLONY II STAGE, PARVATHI NAGAR, BALLARI-583101. 6. MANAGING DIRECTOR KKSRTC, CENTRAL OFFICE, KH ROAD, SHANTI NAGAR, BENGALURU-560027. 7. PROVIDENT FUND TRUSTEE PROVIDENT FUND BRANCH, KKSRTC, CENTRAL OFFICE, KH ROAD, SHANTI NAGAR, BENGALURU-560027. 8. DIVISIONAL CONTROLLER SIRUGUPPA ROAD, KKRTC BALLARI-583101. …RESPONDENTS (BY SRI. SHIVARAJ BALLOLI, ADVOCATE FOR R1; SRI. P.V.GUNJAL, ADVOCATE FOR R2 TO R5; MISS. VIDYASHRI N.MULIMANI, ADVOCATE FOR SRI. PRASHANT HOSAMANI, ADVOCATE FOR R6 TO R8) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT ORDER OR DIRECTION DIRECTING THE FIFTH RESPONDENT TO CONSIDER THE REPRESENTATION OF THE PETITIONER AS PER ANNEXURE-F AND TO DISBURSE HIGHER PENSION IN THE LIGHT OF DIRECTION CONTAINED IN PARA 44 (ix) OF SUPREME COURT JUDGMENT IN EMPLOYEES PROVIDENT FUND ORGANIZATION V.SUNIL KUMAR VIDE ANNEXURE-B 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:998 WP No. 106591 of 2024 ORAL ORDER Petitioner is seeking a writ of mandamus directing respondent No.5 to consider his representation dated 25.01.2024 (Annexure-F) and to disburse higher pension in terms of the direction contained in paragraph 44 (ix) of the Apex Court in the case of Employees Provident Fund Organization and another Etc., Vs. Sunil Kumar B. and others1 (Annexure-B). 2. Learned counsel appearing for respondent Nos.6 to 8 submits that pursuant to the representation submitted by the petitioner, respondent No.5 has already considered the same and has passed an order on 30.01.2025, whereby, the claim of the petitioner seeking higher pension has been rejected. A memo to the said effect is filed. 3. In view of the fact that the representation of the petitioner has already been considered and an order has 1 AIR 2022 Supreme Court 5634 - 4 - HC-KAR NC: 2026:KHC-D:998 WP No. 106591 of 2024 been passed thereon, the grievance raised in the present writ petition seeking consideration of the representation does not survive for consideration. Accordingly, the writ petition stands disposed of. Reserving the liberty to the petitioner to challenge the order dated 30.01.2025, if so advised in accordance with law. Sd/- JUSTICE K.S.HEMALEKHA EM CT:VH List No.: 1 Sl No.: 7