SMT. PRABHAVATI K. JEDAR v. THE STATE OF KARNATAKA
WP/102949/2023 · 2026-01-20
K S Hemalekha
body2026
DailyLaw.ai
[ 2026 DAILYLAW 53540 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 53540 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC-D:556 WP No. 102949 of 2023
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 20TH DAY OF JANUARY 2026 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA
WRIT PETITION NO.102949 OF 2023 (S-RES)
BETWEEN:
SMT. PRABHAVATI K. JEDAR W/O. BABU AMMIN BAVI, AGE. 61 YEARS, OCC. RETIRED, ROSHAN BUILDING, NEAR NADIGER COMPOUND, 7TH CROSS, MALAMADDI, DHARWAD-580001. …PETITIONER (BY SRI. S.S.BETURMATH, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA R/BY PRINCIPAL SECRETARY, DEPARTMENT OF EDUCATION, M.S. BUILDING, BENGALURU-560001.
2.
THE PRL. ACCOUNTANT GENERAL (A AND D) KARNATAKA, P B NO.5329/5369, PARK HOUSE ROAD, BENGALURU-560001.
3.
THE COMMISSIONER, DEPARTMENT OF PUBLIC INSTRUCTIONS, NRUPATUNG ROAD, BENGALURU-560001.
MANJANNA E Digitally signed by MANJANNA E Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2026.02.02 10:01:26 +0530
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HC-KAR NC: 2026:KHC-D:556 WP No. 102949 of 2023
4.
THE DEPUTY DIRECTOR DEPARTMENT OF PUBLIC INSTRUCTIONS, CHIKKAMAGALURU-577101.
5.
THE HEAD MASTER, SREE SADGUR HIGH SCHOOL, BASARIKATTE VILLAGE-577114.
6.
THE SECRETARY, SREE SADGURU VIDYA SAMSTHE, BASARIKATTE VILLAGE, POST AND TALUKA. KOPPA, DIST. CHIKKAMAGALURU-577101.
…RESPONDENTS
(BY SMT. NANDINI B.SOMAPUR, AGA FOR R1 TO R4;
SRI. RAHUL D.K., ADVOCATE FOR SRI. S.G.KADADAKATTI, ADVOCATE FOR R5 AND R6)
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 RESPONDENTS TO SETTLE THE CLAIMS OF PAYMENT OF LEAVE ENCASHMENT OF DEFICIT AMOUNT CAUSED BY WRONG CALCULATIONS OF RESPONDENTS ALONG WITH INTEREST THAT, THE 6 YEARS ARREARS OF THE STAGNATION INCREMENTS DUE FOR 30TH YEARS-ALONG WITH 14 MONTHS ARREARS OF INCREMENTS DUE OF 25TH YEARS COMPLETION OF SERVICE DUE TO THIS PETITIONER ALONG WITH INTEREST AT 18% TO BE PAID 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
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HC-KAR NC: 2026:KHC-D:556 WP No. 102949 of 2023
ORAL ORDER
The petitioner, a retired aided school teacher, is before this Court seeking settlement of her service and retrial benefits.
2. It is the specific case of the petitioner that though she has completed 25 years and 30 years of service and is entitled to stagnation, special and time bond increments, the same have not been properly sanctioned and reflected while computing her pension and other retrial benefits. It is further stated that despite repeated representations and even earlier directions issued by this Court in WP No.103267/2018, the respondents have not furnished complete service records nor they have clarified the basis of calculation of pension, leave encashment and arrears of increments, resulting in continued payment of lesser pension to the petitioner.
3. Learned Additional Government Advocate appearing for the respondents No.1 to 4 submits that the
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HC-KAR NC: 2026:KHC-D:556 WP No. 102949 of 2023
claims of the petitioner require verification with reference to the service book, HRMS records and the relevant Government orders and that appropriate action would be taken in accordance with law.
4. Having regard to the nature of grievance raised, the long lapse of time since the petitioner's retirement and the fact that the claim involves verification of service records and computation of monetary benefits, this Court is of the considered opinion that the matter requires
consideration by the competent authority.
5. Accordingly, without expressing any opinion on the merits of the claim, the writ petition is disposed of with the following directions; (i) Respondent No.4 Deputy Director, Department of Public Instructions shall verify the service records of the petitioner, including the service book, HRMS details, pay fixation and sanction
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HC-KAR NC: 2026:KHC-D:556 WP No. 102949 of 2023
of regular, special, stagnation and time bond increments and examine the claim of the petitioner relating to leave encashment, arrears of increments and consequential re-fixation of pension. (ii) Upon such verification, the respondent No.4 shall compute the benefits, if any, found due to the petitioner and forward a complete authenticated proposal along with all the relevant records to respondent No.2- Principle Accountant General (A and D) for further action within a period of three weeks in accordance with law. (iii) Respondent No.2 shall on receipt of the verified proposal and records from the respondent No.4, take consequential steps for settlement of the petitioner’s
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HC-KAR NC: 2026:KHC-D:556 WP No. 102949 of 2023
retrial pensionary benefits within three weeks thereafter in accordance with law. (iv) It is made clear that this Court has not expressed any opinion on the merits of the petitioner's claim and all contentions are kept open.
Sd/- JUSTICE K.S.HEMALEKHA
AM/- Ct:vh List No.: 1 Sl No.: 7