- 1 - HC-KAR NC: 2026:KHC-D:779 WP No. 108367 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 21ST DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA WRIT PETITION NO.108367 OF 2025 (S-R) BETWEEN: SRI. CHANNABASAPPA FAKIRAPPA GANDUDI, AGE: 73 YEARS, OCC: RETD. ASST. TEACHER IN S.K. HIGH SCHOOL, HULAGUR, TQ: SHIGGAON, DIST: HAVERI-581205. NOTE. PETITIONER HAS NOT CLAIMED SENIOR CITIZENSHIP BENEFITS. …PETITIONER (BY SRI. P. G. CHIKKANARAGUND, ADVOCATE) 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, DEPT. OF PERSONNEL AND ADMINISTRATIVE REFORMS, VIDHANA SOUDHA, BENGALURU-560001. MANJANNA E Digitally signed by MANJANNA E Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2026.01.28 10:36:10 +0530 - 2 - HC-KAR NC: 2026:KHC-D:779 WP No. 108367 of 2025 3. THE STATE OF KARNATAKA REP BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF EDUCATION (PRI AND SECONDARY), M.S.BUILDING, BENGALURU-560001. 4. THE ACCOUNTANT GENERAL IN KARNATAKA PARK HOUSE ROAD, BENGALURU-560001. …RESPONDENTS (BY SMT. NANDINI B. SOMAPURE, AGA) 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 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. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN B GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA - 3 - HC-KAR NC: 2026:KHC-D:779 WP No. 108367 of 2025 ORAL ORDER The petitioner has approached this Court seeking the following relief: 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 commutation of pension having already been recovered from the petitioner who has paid more than 10 years and 8 months as per the representation dated 09/09/2025 vide Annexure-D and direct the respondent No.1 to 4 to pay full pension to the petitioner. c) Issue any other order or direction as this Hon'ble court may deems fit and proper - 4 - HC-KAR NC: 2026:KHC-D:779 WP No. 108367 of 2025 under the circumstances of the case, in the interest of justice and equity. 2. Heard Sri G.P.Chikkanaragund, leaned counsel for the petitioner and Smt.Nandini B. Somapur, learned Additional Government Advocate for the respondents/State and perused the material 3. Learned counsel for the petitioner submits that in an identical matter the Co-ordinate Bench of this Court in W.P.No.107168/2025 in the case of Sri Vitthal Gangappa Huggi and others Vs. The State of Karnataka and others disposed of on 25.09.2025 has passed the following order. “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 - 5 - HC-KAR NC: 2026:KHC-D:779 WP No. 108367 of 2025 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 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 - 6 - HC-KAR NC: 2026:KHC-D:779 WP No. 108367 of 2025 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. 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.” 4. Learned Additional Government Advocate appearing for the respondenst/State does not dispute the said aspect. In light of the same, the petitioner being similarly placed, this Court pass the following: - 7 - HC-KAR NC: 2026:KHC-D:779 WP No. 108367 of 2025 ORDER i. The writ petition is hereby allowed. ii. A mandamus is issued, directing the respondents to consider the petitioner’s representation dated 09.09.2025 (Annexure-D) and pass appropriate orders in accordance with law within an outer limit of six weeks from the date of receipt of copy of this order. iii. It is made clear that until such representation being considered no recovery shall be made from the petitioner. Sd/- JUSTICE K.S.HEMALEKHA EM CT:ANB List No.: 1 Sl No.: 111