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Karnataka High Court

Smt Regina vs State Of Karnataka on 12 January, 2026

Author: H.T. Narendra Prasad

Bench: H.T. Narendra Prasad

                                                 -1-
                                                               NC: 2026:KHC:1745
                                                            WP No. 5625 of 2025
                                                       C/W WP No. 23448 of 2024
                                                           WP No. 34844 of 2024
                      HC-KAR




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 12TH DAY OF JANUARY, 2026

                                               BEFORE
                           THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD
                                WRIT PETITION NO. 5625 OF 2025 (S-R)
                                                C/W
                               WRIT PETITION NO. 23448 OF 2024 (S-RES)
                               WRIT PETITION NO. 34844 OF 2024 (S-RES)


                      IN WP NO. 5625/2025

                      BETWEEN:

                      1.    SMT REGINA
                            D/O RATHNAM RONIMOSE
                            AGED ABOUT 73 YEARS
                            RETIRED ASSOCIATE PROFESSOR
                            R/AT BLOSSOM SIDE, 1ST CROSS
Digitally signed by         GOUTHAM NAGAR KGF-563 122.
MALATHI
CHALUVA IYENGAR
Location: HIGH
                      2.    SMT. BRAMRAMBHA
COURTOF                     D/O B N AVADHANI
KARNATAKA
                            AGED ABOUT 77 YEARS
                            RETIRED ASSOCIATE PROFESSOR
                            R/AT 148, CHAND LINE
                            BANGARPETE, KOLAR -563 114.

                      3.    SRI N SUBRAMONEY
                            S/O DODDA MUNISHAMAPPA
                            AGED ABOUT 72 YEARS
                            RETIRED ASSOCIATE PROFESSOR
                            R/AT 126/1,5TH MAIN ROAD
                            MALLESH PALYA, BANGALORE-560075.
                            -2-
                                         NC: 2026:KHC:1745
                                      WP No. 5625 of 2025
                                 C/W WP No. 23448 of 2024
                                     WP No. 34844 of 2024
HC-KAR




4.   SRI J.S.D RAGHURAM
     S/O J.T. SHANKAR NARAYANA
     AGED ABOUT 71 YEARS
     RETIRED ASSOCIATE PROFESSOR
     R/AT 204, PRAMUR ADONIS
     121/4 3RD A CROSS, I BLOCK
     DATTAGALLI, 3RD STAGE
     MYSORE 570022.

5.   SRI MUNI KRISHNAPPA
     S/O VENKATA RAVANAPPA
     AGED ABOUT 72 YEARS
     RETIRED ASSOCIATE PROFESSOR
     R/AT 389, PANCHAVATI 3RD CROSS
     BEHIND MINI HOTEL, P.C EXTENSION
     TEKAL ROAD, KOLAR 563101.

6.   SMT. MARY AGNES
     D/O IRUDAYANATHAN
     AGED ABOUT 72 YEARS
     RETIRED ASSOCIATE PROFESSOR
     R/AT 102/B, 3RD CROSS
     ROBORTSONPET, KOLAR 563122.

7.   SMT. USHA
     D/O UMAPATHY
     AGED ABOUT 72 YEARS
     RETIRED ASSOCIATE PROFESSOR
     R/AT 1103, GANGOTHRI, 5TH STAGE
     BEML LAYOUT, RR NAGAR
     BANGALORE 560098.

8.   SMT. D MALATHY
     D/O K.E. DORAISWAMY
     AGED ABOUT 72 YEARS
     RETD. ASSOCIATE PROFESSOR
     R/AT.1103, 26TH B MAIN, 9TH BLOCK
     JAYANAGAR BANGALORE-560069.

9.   SRI J PRATAP SINGH
     S/O B.L JAI SINGH
                           -3-
                                         NC: 2026:KHC:1745
                                     WP No. 5625 of 2025
                                C/W WP No. 23448 of 2024
                                    WP No. 34844 of 2024
HC-KAR




     AGED ABOUT 76 YEARS
     RETIRED ASSOCIATE PROFESSOR
     R/AT 550, 14TH MAIN ROAD
     SECTOR 7 HSR LAYOUT
     BANGALORE 560102.

10. SRI ABDUL AZIZ
    S/O K. A. UMMARUDDIN KHAN
    AGED ABOUT 74 YEARS
    RETD ASSOCIATE PROFESSOR
    R/AT NO. 12, 6TH CROSS
    KAMALA NAGAR, RT NAGAR
    BANGALORE 560032.

11. SRI. S R GURUSIDDAIAH
    S/O S REVANNA
    AGED ABOUT 74 YEARS
    RETIRED ASSOCIATE PROFESSOR
    R/AT 49/1, 2ND CROSS
    NEAR OLD BBMP OFFICE
    AGRAHARA DASARAHALLI -560079
                                            ...PETITIONERS
(BY SRI. MURALI N.,ADVOCATE)

AND:

1.   STATE OF KARNATAKA
     DEPARTMENT OF HIGHER EDUCATION
     M.S. BUILDING, DR AMBEDKAR VEEDHI
     BENGALURU-560001
     REP BY ITS PRINCIPAL SECRETARY.

2.   THE ACCOUNTANT GENERAL (A AND E),
     PARK HOUSE ROAD, DEPARTMENT OF FINANCE
     VIDHAN SOUDHA, DR. AMBEDKAR VEEDHI
     BENGALURU-560001.
     REP BY ITS PRINCIPAL SECRETARY.

3.   THE CHIEF SECRETARY
     DEPARTMENT OF FINANCE
                              -4-
                                           NC: 2026:KHC:1745
                                        WP No. 5625 of 2025
                                   C/W WP No. 23448 of 2024
                                       WP No. 34844 of 2024
HC-KAR




      VIDHAN SOUDHA, DR AMBEDKAR VEEDHI
      BENGALURU-560001
                                             ...RESPONDENTS
(BY SMT. ANITHA, AGA FOR R1 TO R3)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
RESTRAIN THE RESPONDENT STATE FROM RECOVERING THE
EXCESS COMMUTED VALUE OF PENSION FROM THE
PETITIONERS AS SHOWN UNDER ANNEXURE B TO B10 AND
ETC.

IN WP NO. 23448/2024

BETWEEN:

1.    DEVARAJ M R
      S/O RAMASWAMY M R (LATE)
      AGED 72 YEARS
      RETIRED ASSOCIATE PROFESSOR,
      BMS COLLEGE OF ENGINEERING
      BANGALORE - 560019
      R/AT 40/5 SUMO KUFA SAGA
      ELIVE APARTMENT FLAT NO 102, 39TH CROSS
      JAYANAGAR 8TH BLOCK,
      BANGALORE - 560070.

2.    MR N JAYANTH
      S/O H R NARYAANA
      AGED 69 YEARS
      RETIRED ASSOCIATE PROFESSOR
      BMS COLLEGE OF ENGINEERING
      BANGALORE - 560019
      R/AT NO 5 1ST CROSS
      BALAJI LAYOUT,CHIKKA BANASWADI
      BENGALURU - 560033.

     3. MR CHIDAMBARAM S S
         S/O NANJAPPA SETTY G N
         AGED 67 YEARS
                            -5-
                                         NC: 2026:KHC:1745
                                      WP No. 5625 of 2025
                                 C/W WP No. 23448 of 2024
                                     WP No. 34844 of 2024
HC-KAR




       RETIRED ASSOCIATE PROFESSOR,
       BMS EVENING COLLEGE
       ENGINEERING,
       BANGALORE - 560019
       R/AT NO 1652, 16TH A MAIN
       8TH CROSS J P NAGAR 2ND PHASE
       BENGALURU - 560078
                                           ...PETITIONERS

(BY SRI. RAMANANDA A D., ADVOCATE)

AND:

1.   THE STATE OF KARNATAKA
     REPRESENTED BY ITS SECRETARY
     DEPARTMENT OF HIGHER EDUCATION
     M S BUILDING, DR AMBEDKAR VEEDHI
     BENGALURU - 560001.

2.   INDIAN AUDIT AND ACCOUNTS DEPARTMENT
     REP. BY SENIOR AUDIT OFFICER, OFFICE OF PRINCIPAL
     ACCOUNTANT GENERAL (G AND SSA)
     P B NO 5398, BENGALURU - 560001.

3.   DIRECTOR OF TECHNICAL EDUCATION
     REP BY COMMISSIONER SESHADRI ROAD
     BENGALURU - 560001
                                          ...RESPONDENTS

(BY SMT. ANITHA, N, AGA FOR R1 TO R3)

    THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIDA PRAYING TO GIVE
DIRECTION TO RESPONDENTS TO STAY FURTHER RECOVERY
OF PORTION OF COMMUTATION OF PENSION IMMEDIATELY,
AS THE PETITIONERS ARE SUFFERING RECURRING FINANCIAL
LOSS EVERY MONTH IN PENSION WHO HAVE PAID MORE THAN
10 YEARS AND 8 MONTHS AS PER REPRESENTATION VIDE
ANNEXURE-A AND ETC.
                           -6-
                                          NC: 2026:KHC:1745
                                     WP No. 5625 of 2025
                                C/W WP No. 23448 of 2024
                                    WP No. 34844 of 2024
HC-KAR




IN WP NO. 34844/2024

BETWEEN:

1.   HALESHA R
     S/O RANGAPPA
     AGE 73 YEARS
     RETIRED ASSOCIATE PROFESSOR
     R/AT 321. SERVICE ROAD (RING ROAD)
     VINAYAKA LAYOUT, NAGARABHAVI
     2ND STAGE, BANGALORE-560072.

2.   K.M. NAGARAJ
     S/O NS MAYE GOWDA
     AGED 70 YEARS
     RETIRED ASSOCIATE PROFESSOR
     R/AT C-102, PIONEER PARADISE
     BRIGADE MILLENIUM ROAD
     24TH MAIN 7TH PHASE, JP NAGAR
     BANGALORE-560078.

3.   SRIRAMAIAH
     S/O DODDA MUNISHAMAPPA
     AGED 71 YEARS
     RETIRED ASSOCIATE PROFESSOR
     R/AT 126/1,5TH MAIN ROAD
     MALLESH PALYA, BANGALORE-560075.

4.   J.V. SHIVARUDRAIAH
     S/O VEERABHARAIAH
     AGE 70 YEARS
     RETIRED PRINCIPAL
     R/AT 441 F ROAD, 2ND STAGE
     IDEAL HOMES, RR NAGAR
     BANGALORE-560 098.

5.   B. BASAVARAJ
     S/O P BASVARAJAPPA
                           -7-
                                        NC: 2026:KHC:1745
                                     WP No. 5625 of 2025
                                C/W WP No. 23448 of 2024
                                    WP No. 34844 of 2024
HC-KAR




     AGE 71 YEARS
     RETIRED ASSOCIATE PROFESSOR
     R/AT 704,2ND 'C' CROSS
     9TH MAIN ROAD, 3RD STAGE
     3RD BLOCK, BASAVESHWARA NAGAR
     BANGALORE-560079.

6.   B.T. MAHADEVA
     S/O B N THIMMANNA
     AGE 69 YEARS
     RETIRED ASSOCIATE PROFESSOR
     R/AT SRI VENKATESHWARA
     SOMESHWARA EXTENSION
     DODDABALLAPUR
     BANGALORE RURAL DISTRICT 561203.

7.   SUSHMA CHAWLA
     D/O SHRI RAM SHARAN DASS CHAWLA
     AGE 73 YEARS
     RETIRED ASSOCIATE PROFESSOR
     R/AT 95,11TH MAIN, 1ST FLOOR
     SECTOR-7, HSR LAYOUT
     BANGALORE-560102.

8.   T.N. RAJU
     S/O NEELANJANAPPA
     AGE 69 YEARS
     RETIRED ASSOCIATE PROFESSOR
     R/AT 22,4TH CROSS, 5TH MAIN ROAD
     SRONIDHI LAYOUT, 8TH PHASE JP NAGAR
     BANGALORE-560062.

9.   SHIVARAMU.C
     S/O CHANNEBASAVE GOWDA
     AGE 71 YEARS
     RETIRED ASSOCIATE PROFESSOR
     R/AT 05, BASAVESHWARA NILAYA
     KHB LAYOUT, MYSORE ROAD
     KANAKAPURA, RAMNAGAR DISTRICT
     PPO NO.1114UGC68127.
                         -8-
                                       NC: 2026:KHC:1745
                                   WP No. 5625 of 2025
                              C/W WP No. 23448 of 2024
                                  WP No. 34844 of 2024
HC-KAR




10. CHRISTOPER
    S/O S ERNEST
    AGE 66 YEARS
    RETIRED PHYSICAL DIRECTOR
    R/AT 5, BLOCK 29, MANASI NAGARA
    SHAKTHINAGAR PO MYSORE-570029.

11. K.A. KUMARA
    S/O ASHWATH NARAYANA
    AGE 72 YEARS
    RETIRED ASSOCIATE PROFESSOR
    R/AT 22, RAMAIAH NAGAR
    2ND CROSS, PIPE LINE ROAD
    DS COLLEGE KUMARASWAMY LAYOUT
    BANGALORE-560078.

12. C.SRINIVAS
    S/O CHIKKANNA
    AGE 71 YEARS
    RETIRED ASSOCIATE PROFESSOR
    R/AT 32, MAHAJANA LAYOUT
    VIJAYANAGAR, 2ND PHASE
    MYSORE-570017.

13. C.M. SHEILA
    D/O MADAPPA
    AGE 69 YEARS
    RETIRED ASSOCIATE PROFESSOR
    R/AT 002, 1ST FLOOR
    SRI SHEILA ENCLAVE
    SHARADAMMA STREET
    DOMLUR LAYOUT BANGALORE-560071.

14. SANGAMESHWAR.S.M
    S/O CHENNAYYA SWAMY
    AGE 72 YEARS
    RETIRED PRINCIPAL
    R/AT C301, THE ORCHARD,
    OPP. HMT WATCH FACTORY JALAHALLI
    BANGALORE-560013.
                          -9-
                                       NC: 2026:KHC:1745
                                    WP No. 5625 of 2025
                               C/W WP No. 23448 of 2024
                                   WP No. 34844 of 2024
HC-KAR




15. J LOKANATHA NAIDU
    S/O J NARAYANASWAMY
    AGE 69 YEARS
    RETIRED ASSOCIATE PROFESSOR
    R/AT 42, 1st MAIN ROAD,7TH CROSS
    CANARA BANK COLONY
    NAGARABHAVI ROAD
    PPO NO.111 6UGC 49885
    BANGALORE-560072.

16. KOTRAIAH A M R
    S/O KOTRABASAIAH
    AGE 70 YEARS
    RETIRED ASSOCIATE PROFESSOR
    R/AT 23, SRI KOTTUSHWARA KRUPA
    3RD MAIN, NTI LAYOUT, BHOOPASANDRA
    RMV 2ND STAGE, BANGALORE-560094.

17. V KAMALAMMA
    D/O V VULGAPPA
    AGE 72 YEARS
    RETIRED DIRECTOR
    R/AT 5A, PAVITHRAM APARTMENT
    3RD FLOOR, SEENAPPA LAYOUT
    GEDDALAHALLI, NEW BEL ROAD
    RMV 2ND STAGE, BANGALORE-560094.

18. H.M. JAGADEESH
    R/O H M VEERABARDRAIAH
    AGE 71 YEARS
    RETIRED PRINCIPAL
    R/AT 1007, GNANABHARATHI 2ND BLOCK
    MARIYAPPANAPALYA NAGADEVANAHALLI
    BANGALORE-560056.

19. PUSHPALATHA. K. N
    D/O NAGESH HATWAR K
    AGE 71 YEARS
    RETIRED PRINCIPAL
    R/AT 1736, SHUBHAPRADHA
                            - 10 -
                                            NC: 2026:KHC:1745
                                         WP No. 5625 of 2025
                                    C/W WP No. 23448 of 2024
                                        WP No. 34844 of 2024
HC-KAR




    MC ROAD, VIJAYANAGAR
    BANGALORE-560050.

20. TALAWAR.M.H
    S/O HEMANNA
    AGED 73 YEARS
    RETIRED PROFESSOR
    R/AT C 301, THE ORCHARD
    OPP. HMT WATCH FACTORY JALAHALLI
    BANGALORE-560013.

21. GANAPATRAO. B. KULKARNI
    S/O BABU RAO
    AGE 68 YEARS
    RETIRED ASSOCIATE PROFESSOR
    R/AT C301, THE ORCHARD
    OPP. HMT WATCH FACTORY JALAHALLI
    BANGALORE-560013.

22. T. NARAYANAPPA
    S/O BN THIMMEGOWDA
    AGE 72 YEARS
    RETIRED PRINCIPAL
    R/AT 315/51, 37TH B CROSS
    28TH MAIN, JAYANAGAR
    9TH BLOCK, BANGALORE-360069.

23. BHAGYALAKSHMI BL
    D/O LINGAIAH J
    AGE 70 YEARS
    RETIRED DIRECTOR
    DEPT. OF COMMISSIONER
    OF COLLEGIATE EDUCATION
    R/AT 629, 2ND FLOOR
    DR.SIDDAIAH PURANIK ROAD
    3RD STAGE, 3RD BLOCK
    BASAVESHWARA NAGAR
    BANGALORE-560079.

24. VENUGOPAL
    S/O REDDAPPA A S
                          - 11 -
                                          NC: 2026:KHC:1745
                                       WP No. 5625 of 2025
                                  C/W WP No. 23448 of 2024
                                      WP No. 34844 of 2024
HC-KAR




    AGE 68 YEARS
    RETIRED PRINCIPAL
    R/AT. 25, SAI ENCLAVE
    1ST CROSS, 3RD MAIN, 7TH PHASE
    JP NAGAR BANGALORE-560076.

25. K.V NARAYANA
    AGE 71 YEARS
    RETIRED ASSOCIATE PROFESSOR
    DOR: 31.10.2013
    R/AT 1101/1,3RD CROSS, 8TH MAIN
    BDA LAYOUT, HOSAKERE HALLI
    BSK 3RD STAGE, BANGALORE-560085

26. SHANTHAKUMARI
    D/O R K KICHAIAH SHETTY
    AGE 72 YEARS
    RETIRED ASSOCIATE PROFESSOR
    R/AT 46, BINNY LAYOUT, 2ND STAGE
    9TH MAIN. BEHIND PRIYADARSHINI SCHOOL
    VIJAYANAGAR, BANGALORE-560040.

27. JAYANTHI PURANDARA
    D/O RAMA RAO
    AGE 71 YERS
    ASSOCIATE PROF
    NO.213A RANKA COLONY
    BANNERGHATTA ROAD BILEKAHALLI
    BANGALORE 560076.

28. VIJAYALAKSHMI VISHWANATH
    D/O KP SATYA NARAYANA
    AGE 71 YEARS
    ASSOCIATE PROF
    NO.304, RAJ KIRAN APARTMENTS
    40TH CROSS JAYANAGAR
    8TH BLOCK BANGALORE 560070.

29. B S SRIKANTA
    S/O SESHAGIRI SHASTRI
    AGE 70 YEARS
                           - 12 -
                                           NC: 2026:KHC:1745
                                        WP No. 5625 of 2025
                                   C/W WP No. 23448 of 2024
                                       WP No. 34844 of 2024
HC-KAR




     RETD PRINCIPAL
     R/AT 70, 12TH MAIN, 9TH BLOCK
     NAGARBHAVI 2ND STAGE
     BANGALORE 5600 72
                                             ...PETITIONERS

(BY SRI. MURALI N.,ADVOCATE)

AND:

1.   STATE OF KARNATAKA
     DEPARTMENT OF HIGHER EDUCATION
     M.S. BUILDING, DR AMBEDKAR VEEDHI
     BENGALURU-560001.
     REP, BY ITS PRINCIPAL SECRETARY

2.   ACCOUNTANT GENERAL
     (A AND E), PARK HOUSE ROAD
     DEPARTMENT OF FINANCE
     VIDHAN SOUDHA, DR. AMBEDKAR VEEDHI
     BENGALURU-560001.
     REP BY ITS PRINCIPAL SECRETARY.

3.   THE CHIEF SECRETARY
     DEPARTMENT OF FINANCE
     VIDHAN SOUDHA, DR AMBEDKAR VEEDHI
     BENGALURU-560001.
                                      ...RESPONDENTS
(BY SMT. ANITHA, AGA FOR R1 TO R3)

    THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO RESTRAIN
THE RESPONDENT STATE FROM RECOVERING THE EXCESS
COMMUTED VALUE OF PENSION FROM THE PETITIONERS AS
SHOWN UNDER ANNEXURE-A TO A28 AND ETC.

    THESE PETITIONS, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:   HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD
                                      - 13 -
                                                      NC: 2026:KHC:1745
                                                   WP No. 5625 of 2025
                                              C/W WP No. 23448 of 2024
                                                  WP No. 34844 of 2024
 HC-KAR




                              ORAL ORDER

These writ petitions are filed under Articles 226 & 227 of the Constitution of India, seeking the following relief:

W.P.No.5625/2025:
"a) Restrain the Respondent State from recovering the excess commuted value of pension from the Petitioners as shown under Annexure B to B10.
b) To quash the Respondent Act of deducting the excess commuted value of pension of the Petitioners as evident from Annexure A to A10 and B to B10.
c) Direct the Respondent State to refund the excess amount recovered from petitioner along with future interest calculated at the rate of 9% from the date of recovery to till the date of realization.
d) Pass such other order or direction, this Hon'ble Court deems fit in the circumstance of the case.

W.P.No.23448/2024:

- 14 -
NC: 2026:KHC:1745 WP No. 5625 of 2025 C/W WP No. 23448 of 2024 WP No. 34844 of 2024 HC-KAR
i) To issue directions to Respondents to stay further recovery of portion of commutation of pension immediately, as the Petitioners are suffering recurring financial loss every month in pension who have paid more than 10 years and 8 months as per representation vide ANNEXURE-A dated 01-07-2024 which discloses the names of the petitioners vide ANNEXURE-C. ii. To Issue a writ of Mandamus directing the Respondents to refund the excess amount of commutation of pension having already been recovered for the petitioners who have paid for 15 years instead of 10 years and 8 months as per the representation dated 01-07-2024 vide ANNEXURE-A which discloses the name of the Petitioners vide ANNEXURE-C. iii. To Issue any other writ, order or direction, which this Hon'ble High Court may deem fit and proper in view of the facts and circumstances of the case.

iv. Exempt the petitioner from filling certified copies of ANNEXURE, In the Interest of justice. v. Exempt the petitioner from issuance of advance notices to the respondents, in the interest of justice, and

- 15 -

NC: 2026:KHC:1745 WP No. 5625 of 2025 C/W WP No. 23448 of 2024 WP No. 34844 of 2024 HC-KAR vi. Award cost of the writ petition to the Petitioner in the interest of justice. W.P.No.34844/2024:

a. Restrain the Respondent State from recovering the excess commuted value of pension from the petitioners as shown under Annexure-A to A28.
b. Direct the respondent to retain from deducting the excess commuted value of pension of the petitioners as evident from Annexure-A to A28 and B to B28.
c. Direct the respondent State to refund the excess amount recovered from petitioner along with future intereste calculated at the rate of 9% from the date of recovery to till the date of realisation.
d. Pass such other order or direction, this Hon'ble Court deems fit to the circumstances of the case."
2. The learned counsel appearing for the petitioners submits that, the petitioners are venting out their grievance after their retirement and submitted certain representations seeking release of commuted value of pension along with the regular pension. Since the said
- 16 -

NC: 2026:KHC:1745 WP No. 5625 of 2025 C/W WP No. 23448 of 2024 WP No. 34844 of 2024 HC-KAR representations were not considered, the petitioners are before this Court.

3. He further contended that, in identical circumstances, a Co-ordinate Bench of this Court, in W.P.No.107063/2025 disposed of on 24.09.2025 has held as follows:

"1. The Petitioner is before this Court seeking for the following reliefs: a. Issue a writ of mandamus order or direction directing the 3rd respondent to stop recovery of the commuted value of pension beyond 12 years. Or In the alternative direct the R3 to release the additional commuted value of pension by calculating the 1/3rd commuted value of pension for a period of 15 years and to pay the arrears of commuted value of pension together with interest at 12% per annum from the date on which they were granted the commuted value of pension; and b. To consider the representation submitted by the petitioner dated 22.11.2024 (vide Annexure-E) in accordance with law, within a time frame specified by this Hon'ble Court. c. To pass such other order as this Hon'ble Tribunal deems fit in the facts and circumstances of the case.
- 17 -
NC: 2026:KHC:1745 WP No. 5625 of 2025 C/W WP No. 23448 of 2024 WP No. 34844 of 2024 HC-KAR
2. The respondents proposing to recover the commuted value of pension beyond 12 years, the petitioner submitted the representation on 22.11.2024 at Annexure-E. 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.
3. 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 22.11.2024 submitted by the petitioner at Annexure-E within a period of six weeks from the date of receipt of a copy of this order.
- 18 -
NC: 2026:KHC:1745 WP No. 5625 of 2025 C/W WP No. 23448 of 2024 WP No. 34844 of 2024 HC-KAR iii. Needless to say, until such representation is considered and order is passed no recovery can be made from the petitioner."

4. The learned counsel for the petitioners also relied on a judgment of a Division Bench of this Court in W.A.No.255/2025 disposed of on 16.12.2025, wherein the State Government was directed to consider the representations submitted by the appellant - Association.

5. Learned counsel for the petitioners submits that the petitioners will submit one more representation enclosing all these judgments.

6. In view of the above, without expressing any opinion on the merits of the case, the following order is passed:

(i) The writ petitions stand disposed of.
(ii) The petitioners are permitted to submit additional representation, enclosing all these judgments within two weeks from the date of receipt of a copy of this order.

- 19 -

NC: 2026:KHC:1745 WP No. 5625 of 2025 C/W WP No. 23448 of 2024 WP No. 34844 of 2024 HC-KAR

(iii) If such a representation is submitted, the competent authority is directed to dispose of the same within three months from date of receipt of a copy of the representation.

(iv) Till then, the respondents are directed not to pass any order for recovery from the petitioners' commuted value of pension.

Sd/-

(H.T. NARENDRA PRASAD) JUDGE CM LIST NO.: 1 SL NO.: 69