Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:7582-DB WP No. 6565 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO. 6565 OF 2025 (S-KSAT)
BETWEEN:
SRI SREERAMAIAH C S S/O LATE SHIVALINGAIAH AGED ABOUT 66 YEARS OCC: RTD. POLICE SUB INSPECTOR O/O ANNAPURNESWARI POLICE STATION NAGARABAVI, BANGALORE R/O NO.210, 4TH MAIN, 2ND PHASE, OPP: TO DATHATHREYA TEMPLE MANJUNATH NAGAR RAJAJINAGAR, BENGALURU-10. …PETITIONER (BY SRI. BABU RAO M., ADV.)
AND:
1.
THE STATE OF KARNATAKA R/BY IT'S ADDITIONAL CHIEF SECRETARY HOME DEPARTMENT VIDANA SOUDHA, BANGALORE-01.
2.
THE DIRECTOR GENERAL AND INSPECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, 1ST FLOOR, NRUPATHUNGA ROAD, BANGALORE-01.
3.
THE DEPUTY COMMISSIONER OF POLICE, WEST DIVISION
Digitally signed by NANJUNDACHARI Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:7582-DB WP No. 6565 of 2025
BANGALORE CITY, BAMGHALORE-01.
4.
THE PRINCIPAL ACCOUNTANT GENERAL(A AND E) P.B.BO 5329ANNEE BUILDING PARK HOUSE ROAD BANGALORE-01.
5.
THE SR. ACCOUNTS OFFICER(PV1) O/O THE PRINCIPAL ACCOUNTANT GENERAL (A AND E) P.B. BO 5329 ANNEE BUILDING, PARK HOUSE ROAD BANGALORE-01, …RESPONDENTS (BY SRI. VIKAS ROJIPURA, AGA)
THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS; B) ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT ORDER OR DIRECTION QUASHING THE ORDER DATED 30.01.2025 IN A.NO- 2104/2024 PASSED BY THE KSAT BANGALORE AS PER ANNEXURE-A IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.G.PANDIT AND HON'BLE MR. JUSTICE K. V. ARAVIND
ORAL ORDER
(PER: HON'BLE MR. JUSTICE S.G.PANDIT)
The petitioner is before this Court questioning the
order dated 30.01.2025 passed in Application No.2104/2024 whereunder, his prayer for mandamus to direct the respondent No.1. to take a decision in regard to
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HC-KAR NC: 2026:KHC:7582-DB WP No. 6565 of 2025
fixation of pension by taking into consideration his last pay at Rs.58,250/- in place of Rs.56,800/-, is rejected.
2. Heard Sri. Babu Rao M, learned counsel for the petitioner and Sri. Vikas Rojipura, learned AGA appearing for the respondents. Perused the entire writ petition papers.
3.
Learned counsel Sri. Babu Rao would submit that the petitioner retired from service on attaining the age of superannuation on 30.06.2018 and he states that his last pay drawn was Rs.58,250/- as on the date of retirement. He submits that the respondents are not justified in re-fixing his pension at Rs.56,800/-. Further, he submits his pension shall be fixed in terms of the last pay drawn by him i.e., Rs.58,250/-.
4. Learned AGA on the other hand would submit that petitioner’s pay was re-fixed in terms of Anenxure-A3 communication by the office of the Accountant General as on 01.06.2018 at Rs. 56,800/- and on the said basic, the
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HC-KAR NC: 2026:KHC:7582-DB WP No. 6565 of 2025
pension of the petitioner is also fixed. Further, learned counsel would submit that the petitioner was before the Tribunal in Application No.8536/2018 questioning the recovery in pursuance to re-fixation and the Tribunal by
order dated 23.11.2018 set aside the recovery portion only. Therefore, he submits that when the petitioner has accepted the re-fixation of the pension, he cannot be permitted to re-agitate with regard to fixing his pay before this Court and thus, he prays for dismissal of the writ petition.
5. Having heard the learned counsel for the parties and on perusal of the writ papers, we are not inclined to interfere with the order passed by the Tribunal.
6. Annexure-A3 would indicate that the petitioner’s pay as on 01.06.2018 was re-fixed at Rs.56,800/- and on the said basic, his pension is fixed. However, it is noticed that recovery in pursuance to said re-fixation was the subject matter before the Tribunal in
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HC-KAR NC: 2026:KHC:7582-DB WP No. 6565 of 2025
Application No.8536/2018 and the Tribunal by order dated 23.11.2018 set aside the recovery portion. However, it is noticed that, the petitioner has not questioned re-fixation of his pay as on 01.06.2018 at Rs.56,800/- from Rs.58,250/-. In the absence of non-challenging the re- fixation of pay by the petitioner, he is not entitled for any mandamus as sought in the application before the Tribunal.
We do not see any grounds to interfere with the petition and the same is hereby rejected.
Sd/- (S.G.PANDIT) JUDGE
Sd/- (K. V. ARAVIND) JUDGE
BSV CT:bms List No.: 1 Sl No.: 17