- 1 - HC-KAR NC: 2026:KHC-D:2101 WP No. 100849 of 2026 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 11TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA WRIT PETITION NO. 100849 OF 2026 (S-R) BETWEEN: BHIMAPPA H. DASAR S/O HANAMANT DASAR, AGE: 71 YEARS, OCC. RETD. SHIRASTEDAR, JUDICIAL DEPARTMENT, R/O. AT AND POST: KAPPALGUDDI-591 235, TQ. RAIBAG, DIST. BELAGAVI. … PETITIONER (BY SRI. MALLIKARJUN S. HIREMATH, ADVOCATE) AND: 1. STATE OF KARNATAKA, BY ITS SECRETARY, LAW, JUDICIARY AND HUMAN RIGHTS DEPARTMENT, VIKASA SOUDHA, BENGALURU-560 001. 2. THE STATE OF KARNATAKA, BY ITS PRINCIPAL SECRETARY, DPAR, M.S. BUILDING, BENGALURU-560 001. 3. THE DISTRICT TREASURE OFFICER, BELAGAVI DISTRICT, BELAGAVI-590 001. 4. THE ACCOUNTANT GENERAL (A AND E), IN KARNATAKA, P.B. NO.5329, PARK HOUSE ROAD, BENGALURU-560 001. … RESPONDENTS (BY SMT. NANDINI B. SOMAPUR, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE OF A WRIT OF MANDAMUS OR ANY OTHER DIRECTION IN THE NATURE OF WRIT, DIRECTING THE RESPONDENTS TO STOP FURTHER RECOVERY OF PORTION OF COMMUTED VALUE OF PENSION BEYOND 128 MONTHS AGAINST THE PRESENT 180 MONTHS BY CONSIDERING HIS REPRESENTATION DATED 13.10.2025 (ANNEXURE-G), IN THE INTEREST OF JUSTICE AND ETC. MANJANNA E Digitally signed by MANJANNA E Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2026.02.20 11:35:19 +0530 - 2 - HC-KAR NC: 2026:KHC-D:2101 WP No. 100849 of 2026 THIS PETITION IS COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA ORAL ORDER Learned Additional Government Advocate accepts notice for respondents. 2. The petitioner has approached this Court seeking the following prayers: a. Issue of a writ of mandamus or any other direction in the nature of writ, directing the respondents to stop further recovery of portion of commuted value of pension beyond 128 months against the present 180 months by considering his representation dt.13.10.2025 (Annexure-G), in the interest of justice; b. Any other writ or direction in the nature of writ which this Hon’ble court deems fit to grant in the facts and circumstances of the case along with the cost of this writ petition may kindly be granted in favour of the petitioner, in the ends of justice and equity. - 3 - HC-KAR NC: 2026:KHC-D:2101 WP No. 100849 of 2026 2. The petitioner has retired from service on 31.01.2015 and the respondents have been recovering the computed value of pension over a period of 15 years in terms of Rule 376 (xiv) of the Karnataka Civil Services Rules. The grievance of the petitioner is that the recovery beyond ten years eight months (128 months) is impressible and that the petitioners submitted representation dated 13.10.2025 (Annexure-G) seeking appropriate relief and non-consideration of the representation has made the petitioners approach this Court in this writ petition. Non- consideration of the representation and recovery being continuing, the petitioners have approached this Court. 3. It is well settled that when a representation is submitted to a statutory authority, the authority is bound to consider and pass appropriate orders within a reasonable time. The Co-ordinate Bench of this Court in W.P.No.107168/2025 has granted similar relief in identical circumstances which the respondents do not dispute the applicability to the present facts. In view of the same, the - 4 - HC-KAR NC: 2026:KHC-D:2101 WP No. 100849 of 2026 petitioners are entitled for a similar relief. Accordingly, this Court pass the following: ORDER i. The writ petition is allowed. ii. Mandamus is issued directing the respondents to consider the representation dated 13.10.2025 (Annexure-G) within a period of six [6] weeks from the date of receipt of copy of this order. iii. It is needless to say that until such representation is considered and order is passed, no recovery shall be made from the petitioner. Sd/- JUSTICE K.S.HEMALEKHA EM CT:VH LIST NO.: 1 SL NO.: 26