- 1 - HC-KAR NC: 2026:KHC:9577-DB WP No. 15303 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH 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. 15303 OF 2024 (S-KSAT) BETWEEN: 1. SMT. G. PUSHPALATHA, W/O K. B. SHIVAMURTHI, AGED ABOUT 57 YEARS, WORKING IN THE CADRE OF DEPUTY TAHSILDAR NADA KACHERI, HOLEHONNURU, BHADRAVATHI TALUK, SHIVAMOGGA DISTRICT-577301. PRESENTLY RESIDING AT C/O RAMESH N. JANVEKAR, MAILARALINGESWARA KRUPA, BEHIND G. H. COLLEGE, 2ND NETAJI NAGARA, SIDDARUDA COLONY, HAVERI-581110. …PETITIONER (BY SRI RAGHAVENDRA G. GAYATRI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY AND APPELLATE AUTHORITY, DEPARTMENT OF REVENUE, M. S. BUILDING, Digitally signed by VINUTHA B S Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:9577-DB WP No. 15303 of 2024 AMBEDKAR VEEDHI, BENGALURU-560001. 2. THE REGIONAL COMMISSIONER AND DISCIPLINARY AUTHORITY, BANGALORE DIVISION, BANGALORE-560027. 3. THE DEPUTY COMMISSIONER, SHIVAMOGGA DISTRICT, SHIVAMOGGA-577201. 4. ADDITIONAL DEPUTY COMMISSIONER, SHIVAMOGGA DISTRICT, SHIVAMOGGA-577201. …RESPONDENTS (BY SRI VIKAS ROJIPURA, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 25.04.2024 IN APPLICATIONS No. 4415-4416/2023 PASSED BY THE HON'BLE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL(ANNEXURE-A) ONLY IN SO FAR AS REJECTION OF PRAYER Nos. (iii) AND (iv) OF PARA-6 OF THE APPLICATION REJECTING HER CASE FOR CONSIDERATION OF VOLUNTARY RETIREMENT ON ACCOUNT OF AILMENT OF HER HUSBAND IS CONCERNED. 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 - 3 - HC-KAR NC: 2026:KHC:9577-DB WP No. 15303 of 2024 ORAL ORDER (PER: HON'BLE MR. JUSTICE S.G.PANDIT) The petitioner is before this Court aggrieved by portion of the order dated 25.04.2024 in Application Nos.4415 & 4416/2023 passed by the Karnataka State Administrative Tribunal at Bengaluru (for short 'the Tribunal') rejecting her prayer for a direction to the respondent authorities to consider her representation regarding her voluntary retirement. 2. Heard Sri. Raghavendra G. Gayatri, learned counsel for the petitioner and Sri. Vikas Rojipura, learned AGA for the respondents. Perused the entire writ petition papers. 3. Brief facts of the case are that the petitioner, who is working as Deputy Tahsildar in the Revenue Department approached the Tribunal in the above-stated application questioning the order of penalty dated 15.10.2022 imposing a penalty of reduction to a lower stage in timescale of pay for three years with a condition that the petitioner would not be entitled for increment during the said period. The petitioner had also challenged the endorsement dated 17.07.2023 rejecting her prayer for consideration of her application for voluntary - 4 - HC-KAR NC: 2026:KHC:9577-DB WP No. 15303 of 2024 retirement and consequently prayed for direction to the respondents to consider her application for voluntary retirement in view of the serious ailment of her husband by withholding her retirement benefits till the disposal of criminal case against her before the trial Court. 3.1 The Tribunal under impugned order allowed the application insofar as challenge to the order of penalty however, refused to grant the prayer for direction to the respondent authorities to consider her representation regarding her voluntary retirement. Aggrieved by the said portion rejecting her prayer for direction to consider her application for voluntary retirement, the petitioner is before this Court in this writ petition. 4. Learned counsel Sri. Raghavendra G. Gayatri appearing for the petitioner would submit that the husband of the petitioner is suffering from Coronary Artery Disease for which he underwent a surgical procedure of Percutaneous Trans-Luminal Coronary Angioplasty on the right Coronary Artery and in that regard the petitioner has placed on record the medical records. Therefore, it is submitted that the - 5 - HC-KAR NC: 2026:KHC:9577-DB WP No. 15303 of 2024 petitioner submitted application for voluntary retirement and also an undertaking that the petitioner would have no objection to withhold the entire retirement benefits till the conclusion of the criminal proceedings pending against her. 4.1 Further, learned counsel for the petitioner referring to Rule 285 of The Karnataka Civil Services Rules (for short 'KCSRs') submits that when a prosecution is contemplated or launched against a Government servant, such Government servant would not be entitled for voluntary retirement. On that score, the request of the petitioner is rejected. However, learned counsel would submit that the purpose and object of the said Rule is that if the Government servant is convicted, then no punishment could be imposed, if the pensionary benefits are already settled. In the instant case, he submits that as the petitioner has consented for withholding entire pensionary benefits and to that effect the petitioner has filed affidavit dated 09.02.2026, the respondents could consider the request of the petitioner for voluntary retirement under Rule 285 of KCSRs. - 6 - HC-KAR NC: 2026:KHC:9577-DB WP No. 15303 of 2024 5. On the contrary, learned AGA, Sri Vikas Rojipura would submit that in addition to withholding of entire pensionary benefits, the petitioner would not be entitled for even provisional pension if the petitioner is granted voluntary retirement under Rule 285 of KCSRs. However, on instructions he would submit that the application of the petitioner for voluntary retirement under Rule 285 would be considered in accordance with law. 6. We have heard the learned counsel for the parties and perused the entire writ petition papers. We are inclined to accede to the prayer of the writ petitioner. 7. This writ petition is only with regard to rejection of petitioner's prayer for a direction to the respondents to consider her application for voluntary retirement under Rule 285 of KCSRs. 8. Under Rule 285 of KCSRs, a Government servant could make an application for voluntary retirement and if she fulfils the conditions enumerated therein, the Government could permit a Government servant to retire voluntarily. Rule 285(2)(xi)(a & b) reads as follows: - 7 - HC-KAR NC: 2026:KHC:9577-DB WP No. 15303 of 2024 "285(2)(xi). The voluntary retirement shall not become effective merely on the ground that a notice to that effect has been given by the Government Servant unless it is duly accepted by the appointing authority. Such acceptance may be generally given in all cases except those- (a) in which disciplinary proceedings are pending or contemplated against the Government Servant concerned for the imposition of any of the penalties specified in clauses (v) to (viii) of Rule 8 of the Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957, or (b) in which prosecution is contemplated or may have been launched in Court of Law against the Government Servant concerned. Where it is proposed to accept the notice of voluntary retirement in such cases, prior approval of Government in case of Gazetted Government Servants and of the Head of the Department in case of Non-Gazetted Servants should invariably be obtained." 9. Rule 285(2)(xi)(b) indicates that where a prosecution is contemplated or launched against the Government servant, such Government servant shall not be entitled for voluntary retirement. The purpose and object of the - 8 - HC-KAR NC: 2026:KHC:9577-DB WP No. 15303 of 2024 said rule is if such Government servant is ultimately convicted or punished in the criminal proceedings and if the retirement benefit is settled, no punishment or consequences of such conviction would not follow. But however in the instant case, the petitioner's prayer before the Tribunal itself is to consider her application for voluntary retirement by withholding her entire retirement benefits till the disposal of her criminal case before the trial Court. The petitioner has also filed Affidavit dated 09.02.2026, paragraph No.7 of which, reads as follows: "7. I state that, I undertake that I will not claim any retirement benefits till my acquittal in the above referred Criminal trial pending against me and that I will claim retirement and other benefits only if I am acquitted in the above referred criminal case and authority may withhold all retirement benefits and only release provisional pension and benefots which I am entitled to provisionally till conclusion of the pending criminal trial. Further I request this Hon'ble Court to direct the respondents to release my retirement benefits post acquittal in the criminal case in the above referred Criminal case." - 9 - HC-KAR NC: 2026:KHC:9577-DB WP No. 15303 of 2024 10. The petitioner has unequivocally consented for withholding entire pensionary/retirement benefits. While permitting her to retire voluntarily by considering her application, the above undertaking would suffice the condition of Rule 285(2)(xi)(b) of KCSRs. In case, the respondents consider and permit the petitioner to retire voluntarily under Rule 285 of KCSRs, it is needless to observe that the petitioner will be entitled for provisional pension. And in view of the undertaking, the petition would not be entitled for retirement benefits till the disposal of the criminal proceedings pending against her and her settlement of pensionary /retirement benefit would depend on the outcome of the criminal proceedings. However, if the criminal proceeding goes in favour of the petitioner, the petitioner would not be entitled for any interest on the withheld pensionary benefits, since the withholding of retirement benefit is with her consent. 11. In view of the above, endorsement dated 17.07.2023 is quashed. The respondents are directed to consider the representation dated 15.03.2023 of the petitioner for voluntary retirement under Rule 285 of KCSRs, taking note - 10 - HC-KAR NC: 2026:KHC:9577-DB WP No. 15303 of 2024 of the affidavit dated 09.02.2026 filed by the petitioner and pass appropriate order within three months from today. Sd/- (S.G.PANDIT) JUDGE Sd/- (K. V. ARAVIND) JUDGE VBS List No.: 1 Sl No.: 27