Karnataka High Court
Smt Regina vs State Of Karnataka on 12 January, 2026
Author: H.T. Narendra Prasad
Bench: H.T. Narendra Prasad
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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.
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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
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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
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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
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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.
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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
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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.
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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.
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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
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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
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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
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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
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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:
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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
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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
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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.
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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.
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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.
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(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