- 1 - HC-KAR NC: 2026:KHC-D:2004 WP No. 101042 of 2026 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 10TH DAY OF FEBRUARY 2026 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA WRIT PETITION NO.101042 OF 2026 (S-R) BETWEEN: 1. SRI. MALLAPPA. S. CHOUGALA, AGE: 72 YEARS, OCC: RETD. F.D.A., IN H. V. COMPOSITE P. U. COLLEGE, HARUGERI, TQ: RAIBAG, DIST: BELAGAVI-591317. 2. SRI. MARUTI H. DHARMATTI, AGE: 73 YEARS, OCC: RETD. S.D.A., IN H. V. COMPOSITE P. U. COLLEGE, HARUGERI, TQ: RAIBAG, DIST: BELAGAVI-591317. 3. SRI. BASAGOUDA B. RACHAPPANAVAR, AGE: 70 YEARS, OCC: RETD. S.D.A., IN H. V. COMPOSITE P. U. COLLEGE, HARUGERI, TQ: RAIBAG, DIST: BELAGAVI-591317. 4. SRI. SURENDRA A. MAGADUM, AGE: 71 YEARS, OCC: RETD. HEAD MASTER IN B.M. HIGH SCHOOL, SOUNDATTI, TQ: RAIBAG, DIST: BELAGAVI-591317. 5. SRI. PRAKASH V. NAIK, AGE: 72 YEARS, OCC: RETD. ASST. MASTER IN B.M. HIGH SCHOOL, SOUNDATTI, TQ: RAIBAG, DIST: BELAGAVI-591317. MANJANNA E Digitally signed by MANJANNA E Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2026.02.19 14:53:27 +0530 - 2 - HC-KAR NC: 2026:KHC-D:2004 WP No. 101042 of 2026 6. SRI. BABU T. JANAJ, AGE: 73 YEARS, OCC: RETD. ASST. MASTER IN B.M. HIGH SCHOOL, SOUNDATTI, TQ: RAIBAG, DIST: BELAGAVI-591317. 7. SRI. RAMAPPA N. CHOUGALA, AGE: 73 YEARS, OCC: RETD. S. D. A. IN V. P. COMPOSITE P. U. COLLEGE, HIDKAL, TQ: RAIBAG, DIST: BELAGAVI-591317. 8. SMT. SUMANGALA C. JAMBAGI, AGE: 70 YEARS, OCC: RETD. CRAFT TEACHER IN NEW COMPOSITE P. U. COLLEGE, RAIBAG, TQ: RAIBAG, DIST: BELAGAVI-591317. 9. SRI. SURENDRA V. SHIRAHATTI, AGE: 70 YEARS, OCC: RETD. S.D.A., IN NEW COMPOSITE P. U. COLLEGE, RAIBAG, TQ: RAIBAG, DIST: BELAGAVI-591317. …PETITIONERS (BY SRI. P.G.CHIKKANARAGUND, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS CHIEF SECRETARY, FINANCE DEPARTMENT, VIDHANA SOUDHA, BALGALURU-560001. 2. THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPT. OF PERSONNEL AND ADMINISTRATIVE REFORMS, VIDHANA SOUDHA, BALGALURU-560001. - 3 - HC-KAR NC: 2026:KHC-D:2004 WP No. 101042 of 2026 3. THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF SCHOOL EDUCATION AND LITERACY, VIDHANA SOUDHA, BALGALURU-560001. 4. THE DIRECTOR, SCHOOL EDUCATION DEPARTMENT, PRE-UNIVERSITY EDUCATION, MALESHWARAM, BANGALURU-560012. 5. THE ADDL. COMMISSIONER FOR-PUBLIC INSTRUCTIONS, COLLEGE ROAD, DHARWAD-580008. 6. THE ACCOUNTANT GENERAL IN KARNATAKA, PARK HOUSE ROAD, BANGALURU-560001. …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 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 PETITIONERS IN MONTHLY INSTALLMENT FROM PENSION PAYABLE TO THE PETITIONER AND TO EXTEND ALL CONSEQUENTIAL BENEFITS ARISING THERETO, 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 - 4 - HC-KAR NC: 2026:KHC-D:2004 WP No. 101042 of 2026 ORAL ORDER Learned Additional Government Advocate accepts notice for respondents. 2. The petitioners have approached this Court seeking for the following prayer: 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 petitioners 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 petitioners who has paid more than 10 years and 8 months as per the representation dated 24/12/2025 vide Annexure-D and direct the respondent No.1 to 4 to pay full pension to the petitioners. 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. - 5 - HC-KAR NC: 2026:KHC-D:2004 WP No. 101042 of 2026 3. Learned counsel for the petitioners submits that in an identical circumstance, the Co-ordinate Bench of his Court in W.P.No.107168/2025 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 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. - 6 - HC-KAR NC: 2026:KHC-D:2004 WP No. 101042 of 2026 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 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.” - 7 - HC-KAR NC: 2026:KHC-D:2004 WP No. 101042 of 2026 4. Learned Additional Government Advocate does not dispute the position as considered by the Co-ordinate Bench of this Court. 5. The petitioners are retired government servants drawing pension. Upon retirement, they opted for commutation of pension. The respondents initiated recovery of the commuted value of pension treating the recovery period as 15 years under Rule 376 (xiv) of the Karnataka Civil Service Rules. The petitioners contend that the recovery ought to be restricted to ten years eight months (128 months) and a representation in this regard dated 24.12.2025 (Annexure-D) was submitted. Non- consideration of the representation and recovery being continuing, the petitioners have approached this Court. 6. 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 - 8 - HC-KAR NC: 2026:KHC-D:2004 WP No. 101042 of 2026 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 petitioners are entitled for a similar relief. Accordingly, this Court pass the following: ORDER i. The writ petition is allowed. ii. A mandamus is issued directing the respondents to consider the representation dated 24.12.2025 vide Annexure-D 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 petitioners. SD/- JUSTICE K.S.HEMALEKHA EM Ct:VH List No.: 1 Sl No.: 22