Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 2, Cited by 0]

Karnataka High Court

Chandrakant vs The State Of Karnataka on 17 April, 2026

Author: S.Vishwajith Shetty

Bench: S.Vishwajith Shetty

                                              -1-
                                                         NC: 2026:KHC-K:3444
                                                          WP No. 201602 of 2026
                                                      C/W WP No. 201599 of 2026
                                                          WP No. 201600 of 2026
                                                                  AND 3 OTHERS
                   HC-KAR




                              IN THE HIGH COURT OF KARNATAKA

                                     KALABURAGI BENCH

                            DATED THIS THE 17TH DAY OF APRIL, 2026

                                           BEFORE
                        THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
                            WRIT PETITION NO.201602 OF 2026 (S-R)
                                             C/W
                            WRIT PETITION NO. 201599 OF 2026 (S-R)
                            WRIT PETITION NO. 201600 OF 2026 (S-R)
                            WRIT PETITION NO. 201603 OF 2026 (S-R)
                            WRIT PETITION NO. 201605 OF 2026 (S-R)
                            WRIT PETITION NO. 201606 OF 2026 (S-R)


                   IN WP NO.201602/2026

                   BETWEEN:

                   SRI. VITTAL @ VITHAL S/O MAREPPA,
                   AGED ABOUT:70 YEARS 08 MONTHS,
Digitally signed   SENIOR CITIZEN ADHAAR NO.2484 2238 9110,
by SWETA           OCC:RETIRED ASST. SUB INSPECTOR,
KULKARNI
                   PRESENTLY R/A NO.14-08-382,
Location: HIGH
COURT OF           EDON COLONY MANGALPET,
KARNATAKA          BIDAR KARNATAKA 585 401.

                                                                 ...PETITIONER

                   (BY SRI. BIRADAR SHARANAPPA SHANKAREPPA, ADVOCATE)
                   AND:

                   1.   THE STATE OF KARNATAKA
                        R/BY IT'S ADDITIONAL CHIEF SECRETARY,
                        FINANCE DEPARTMENT,
                        GOVERNMENT OF KARNATAKA,
                           -2-
                                      NC: 2026:KHC-K:3444
                                       WP No. 201602 of 2026
                                   C/W WP No. 201599 of 2026
                                       WP No. 201600 of 2026
                                               AND 3 OTHERS
HC-KAR




     VIDHANA SOUDHA,
     BENGALURU-560 001.

2.   THE PRINCIPAL SECRETARY,
     DEPARTMENT OF HOME AFFAIRS,
     MS BUILDING,
     BENGALURU-560 001.

3.   THE PRINCIPAL ACCOUNTANT,
     GENERAL (A AND E), KARNATAKA PARK,
     HOUSE ROAD, BENGALURU-560 001.

4.   THE SUPERINTENDENT OF POLICE,
     SP OFFICE, MANGLAPET,
     BIDAR-585 402.

5.   THE DEPUTY DIRECTOR,
     DEPARTMENT OF TREASURIES
     DISTRICT TREASURY OFFICE
     BIDAR-585 401.

                                           ...RESPONDENTS
(BY SRI. MALLIKARJUNA SAHUKAR, AGA)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A)
ISSUE A WRIT OF MANDAMUS DIRECTING THE 3RD
RESPONDENT TO STOP RECOVERY OF THE COMMUTED
PORTION OF PENSION BEYOND 10 YEARS AND REFUND THE
AMOUNT RECOVERED BEYOND THE SAID PERIOD WITH
INTEREST AT THE RATE OF 12% PER ANNUM; B) ISSUE A
WRIT OF MANDAMUS DIRECTING THE 1st RESPONDENT TO
CONSTITUTE AN EXPERT COMMITTEE FOR THE RE-
ASSESSMENT OF THE QUANTUM OF COMMUTATION OF
PENSION AND THE YEARS OF RESTORATION OF FULL
PENSION.  C) ISSUE ANY OTHER WRIT, ORDER, DIRECTION
AS THIS HON'BLE COURT DEEMS FIT IN THE INTEREST OF
JUSTICE AND EQUITY. D) IT IS HUMBLY PRAYED THAT
PENDING DISPOSAL OF THE WRIT PETITION THIS HON'BLE
COURT BE PLEASED TO STAY THE RECOVERY OF THE
                            -3-
                                     NC: 2026:KHC-K:3444
                                      WP No. 201602 of 2026
                                  C/W WP No. 201599 of 2026
                                      WP No. 201600 of 2026
                                              AND 3 OTHERS
HC-KAR




COMMUTED PORTION OF PENSION         FORTHWITH     IN   THE
INTEREST OF JUSTICE AND EQUITY.


IN WP NO.201599/2026:

BETWEEN:

     SRI SHARANAPPA S/O HANUMANHAPPA
     AGED ABOUT:71 YEARS 5 MONTHS,
     SENIOR CITIZEN, ADHAAR NO.3787 6400 6463,
     OCC:RETIRED SHERISTEDAR, R/A,
     EKALAR VILLAGE, AURAD TALUK,
     BIDAR KARNATAKA PIN-585 326.
                                       ...PETITIONER

(BY SRI. BIRADAR SHARANAPPA SHANKAREPPA,
ADVOCATE (VC))

AND:

1.   THE STATE OF KARNATAKA
     R/BY IT'S ADDITIONNAL CHIEF SECRETARY
     FINANCE DEPARTMENT GOVERNMENT OF
     KARNATAKA VIDHANA SOUDHA
     BENGALURU-560 001.

2.   THE PRINCIPAL SECRETARY
     DEPARTMENT OF LAW,
     JUSTICE AND HUMAN RIGHTS
     VIDHANA SOUDHA
     BENGALAURU-560 001.

3.   THE PRINCIPAL ACCOUNTANT
     GENERAL (A AND E), KARNATAKA PARK
     HOUSE ROAD, BENGALURU-560 001.
                            -4-
                                      NC: 2026:KHC-K:3444
                                       WP No. 201602 of 2026
                                   C/W WP No. 201599 of 2026
                                       WP No. 201600 of 2026
                                               AND 3 OTHERS
HC-KAR




4.   THE SENIOR CIVIL AND JMFC
     (SR DIVISION) BHALKI
     BIDAR DISTRICT PIN-585 328.

5.   THE DEPUTY DIRECTOR
     DEPARTMENT OF TREASURIES
     DISTRICT TREASURY OFFICE
     BIDAR 585 401.
                                      ...RESPONDENTS

(BY SRI. MALLIKARJUNA SAHUKAR, AGA)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
A) ISSUE A WRIT OF MANDAMUS DIRECTING THE 3RD
RESPONDENT TO STOP RECOVERY OF THE COMMUTED
PORTION OF PENSION BEYOND 10 YEARS AND REFUND
THE AMOUNT RECOVERED BEYOND THE SAID PERIOD
WITH INTEREST AT THE RATE OF 12% PER ANNUM. B)
ISSUE A WRIT OF MANDAMUS DIRECTING THE 1st
RESPONDENT TO CONSTITUTE AN EXPERT COMMITTEE
FOR THE RE-ASSESSMENT OF THE QUANTUM OF
COMMUTATION OF PENSION AND THE YEARS OF
RESTORATION OF FULL PENSION. C) ISSUE ANY OTHER
WRIT, ORDER, DIRECTION AS THIS HON'BLE COURT
DEEMS FIT IN THE INTEREST OF JUSTICE AND EQUITY. D)
IT IS HUMBLY PRAYED THAT PENDING DISPOSAL OF THE
WRIT PETITION THIS HON'BLE COURT BE PLEASED TO
STAY THE RECOVERY OF THE COMMUTED PORTION OF
PENSION FORTHWITH IN THE INTEREST OF JUSTICE AND
EQUITY.


IN WP NO.201600/2026:

BETWEEN:

     SRI KASHINATH GUDDA S/O CHANNAMALLAPPA,
     AGED ABOUT:72 YEARS, SENIOR CITIZEN,
     ADHAAR NO.7977 3214 7472,
                            -5-
                                       NC: 2026:KHC-K:3444
                                        WP No. 201602 of 2026
                                    C/W WP No. 201599 of 2026
                                        WP No. 201600 of 2026
                                                AND 3 OTHERS
HC-KAR




     OCC:RETIRED ASST. SUB INSPECTOR,
     PRESENTLY R/AT NO.9-4-339/1,
     GANDHI GUNJ ROAD, NEAR NANDI PETROL PUMP,
     SAI COLONY BIDAR, KARNATAKA PIN-585 401.

                                          ...PETITIONER

(BY SRI. BIRADAR SHARANAPPA SHANKAREPPA,
ADVOCATE (VC))

AND:

1.   THE STATE OF KARNATAKA,
     R/BY IT'S ADDITIONAL CHIEF SECRETARY,
     FINANCE DEPARTMENT,
     GOVERNMENT OF KARNATAKA,
     VIDHANA SOUDHA,
     BENGALURU-560 001.

2.   THE PRINCIPAL SECRETARY
     DEPARTMENT OF HOME AFFAIRS,
     M.S. BUILDING,
     BENGALURU-560 001.

3.   THE PRINCIPAL ACCOUNTANT GENERAL
     (A AND E), KARNATAKA PARK HOUSE ROAD,
     BENGALURU-560 001.

4.   THE SUPERINTENDENT OF POLICE
     SP OFFICE, MANGLAPET,
     BIDAR-585 402.

5.   THE DEPUTY DIRECTOR,
     DEPARTMENT OF TREASURIES,
     DISTRICT TREASURY OFFICE,
     BIDAR-585 401.
                          -6-
                                      NC: 2026:KHC-K:3444
                                     WP No. 201602 of 2026
                                 C/W WP No. 201599 of 2026
                                     WP No. 201600 of 2026
                                             AND 3 OTHERS
HC-KAR




                                      ...RESPONDENTS

(BY SRI. MALLIKARJUNA SAHUKAR, AGA)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
A) ISSUE A WRIT OF MANDAMUS DIRECTING THE 3RD
RESPONDENT TO STOP RECOVERY OF THE COMMUTED
PORTION OF PENSION BEYOND 10 YEARS AND REFUND
THE AMOUNT RECOVERED BEYOND THE SAID PERIOD
WITH INTEREST AT THE RATE OF 12% PER ANNUM. B)
ISSUE A WRIT OF MANDAMUS DIRECTING THE 1st
RESPONDENT TO CONSTITUTE AN EXPERT COMMITTEE
FOR THE RE-ASSESSMENT OF THE QUANTUM OF
COMMUTATION OF PENSION AND THE YEARS OF
RESTORATION OF FULL PENSION. C) ISSUE ANY OTHER
WRIT, ORDER, DIRECTION AS THIS HON'BLE COURT
DEEMS FIT IN THE INTEREST OF JUSTICE AND EQUITY. D)
IT IS HUMBLY PRAYED THAT PENDING DISPOSAL OF THE
WRIT PETITION THIS HON'BLE COURT BE PLEASED TO
STAY THE RECOVERY OF THE COMMUTED PORTION OF
PENSION FORTHWITH IN THE INTEREST OF JUSTICE AND
EQUITY.

IN WP NO.201603/2026:

BETWEEN:

   SRI CHANDRA SHEKHAR S/O BANDEPPA HANGARGI,
   AGED ABOUT:72 YEARS, 5 MONTHS,
   SENIOR CITIZEN, ADHAAR NO.4729 2833 4627,
   OCC:RETIRED ASST. SUB INSPECTOR,
   PRESENTLY R/A NO.12-2-50, SP HOUSE ROAD,
   NEAR BASAVESWHARA TEMPLE,
   HARURAGERI BIDAR
   KARNATAKA-585 403.
                                      ...PETITIONER

(BY SRI. BIRADAR SHARANAPPA SHANKAREPPA,
ADVOCATE (VC))
                            -7-
                                       NC: 2026:KHC-K:3444
                                      WP No. 201602 of 2026
                                  C/W WP No. 201599 of 2026
                                      WP No. 201600 of 2026
                                              AND 3 OTHERS
HC-KAR




AND:

1.   THE STATE OF KARNATAKA
     R/BY IT'S ADDITIONAL CHIEF
     SECRETARY FINANCE DEPARTMENT
     GOVERNMENT OF KARNATAKA
     VIDHANA SOUDHA BENGALURU-560 001.

2.   THE PRINCIPAL SECRETARY
     DEPARTMENT OF HOME AFFAIRS
     M S BUILDING BENGALURU-560 001.

3.   THE PRINCIPAL ACCOUNTANT
     GENERAL (A AND E), KARNATAKA PARK
     HOUSE ROAD BENGALURU-560 001.

4.   THE SUPERINTENDENT OF POLICE
     SP OFFICE, MANGLAPET BIDAR-585 402.

5.   THE DEPUTY DIRECTOR
     DEPARTMENT OF TREASURIES
     DISTRICT BIDAR-585 402.
                                       ...RESPONDENTS

(BY SRI. MALLIKARJUNA SAHUKAR, AGA)

    THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
A) ISSUE A WRIT OF MANDAMUS DIRECTING THE 3RD
RESPONDENT TO STOP RECOVERY OF THE COMMUTED
PORTION OF PENSION BEYOND 10 YEARS AND REFUND
THE AMOUNT RECOVERED BEYOND THE SAID PERIOD
WITH INTEREST AT THE RATE OF 12% PER ANNUM. B)
ISSUE A WRIT OF MANDAMUS DIRECTING THE 1ST
RESPONDENT TO CONSTITUTE AN EXPERT COMMITTEE
FOR THE RE-ASSESSMENT OF THE QUANTUM OF
COMMUTATION OF PENSION AND THE YEARS OF
RESTORATION OF FULL PENSION. C) ISSUE ANY OTHER
                            -8-
                                      NC: 2026:KHC-K:3444
                                       WP No. 201602 of 2026
                                   C/W WP No. 201599 of 2026
                                       WP No. 201600 of 2026
                                               AND 3 OTHERS
HC-KAR




WRIT, ORDER, DIRECTION AS THIS HON'BLE COURT
DEEMS FIT IN THE INTEREST OF JUSTICE AND EQUITY. D)
IT IS HUMBLY PRAYED THAT PENDING DISPOSAL OF THE
WRIT PETITION, THIS HON'BLE COURT BE PLEASED TO
STAY THE RECOVERY OF THE COMMUTED PORTION OF
PENSION FORTHWITH IN THE INTEREST OF JUSTICE AND
EQUITY.

IN WP NO.201605/2026:

BETWEEN:

     SRI CHANDRAKANT S/O HANUMANTHAPPA
     AGED ABOUT:74 YEARS, SENIOR CITIZEN,
     ADHAAR NO.7047 4262 3331, OCC:RETIRED
     ASST. SUB INSPECTOR, PRESENTLY R/A
     NO.19-5-118, RAMCHANDRA NAGAR,
     NEAR BHAVANI TEMPLE, NAUBAD
     BIDAR KARNATAKA-585 402.
                                        ...PETITIONER

(BY SRI. BIRADAR SHARANAPPA SHANKAREPPA,
ADVOCATE (VC))

AND:

1.   THE STATE OF KARNATAKA
     R/BY IT'S ADDITIONAL CHIEF SECRETARY,
     FINANCE DEPARTMENT GOVERNMENT OF
     KARNATAKA VIDHANA SOUDHA
     BENGALURU-560 001.

2.   THE PRINCIPAL SECRETARY
     DEPARTMENT OF HOME AFFAIRS
     MS BUILDING BENGALURU-560 001.

3.   THE PRINCIPAL ACCOUNTANT
     GENERAL (A AND E), KARNATAKA PARK
     HOUSE ROAD BENGALURU-560 001.
                            -9-
                                      NC: 2026:KHC-K:3444
                                      WP No. 201602 of 2026
                                  C/W WP No. 201599 of 2026
                                      WP No. 201600 of 2026
                                              AND 3 OTHERS
HC-KAR




4.   THE SUPERINTENDENT OF POLICE
     SP OFFICE, MANGLAPET BIDAR-585 402.

5.   THE DEPUTY DIRECTOR
     DEPARTMENT OF TREASURIES
     DISTRICT TREASURY OFFICE
     BIDAR-585 401.
                                      ...RESPONDENTS

(BY SRI. MALLIKARJUNA SAHUKAR, AGA)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
A) ISSUE A WRIT OF MANDAMUS DIRECTING THE 3RD
RESPONDENT TO STOP RECOVERY OF THE COMMUTED
PORTION OF PENSION BEYOND 10 YEARS AND REFUND
THE AMOUNT RECOVERED BEYOND THE SAID PERIOD
WITH INTEREST AT THE RATE OF 12% PER ANNUM. B)
ISSUE A WRIT OF MANDAMUS DIRECTING THE 1ST
RESPONDENT TO CONSTITUTE AN EXPERT COMMITTEE
FOR THE RE-ASSESSMENT OF THE QUANTUM OF
COMMUTATION OF PENSION AND THE YEARS OF
RESTORATION OF FULL PENSION. C) ISSUE ANY OTHER
WRIT, ORDER, DIRECTION AS THIS HON'BLE COURT
DEEMS FIT IN THE INTEREST OF JUSTICE AND EQUITY. D)
IT IS HUMBLY PRAYED THAT PENDING DISPOSAL OF THE
WRIT PETITION, THIS HON'BLE COURT BE PLEASED TO
STAY THE RECOVERY OF THE COMMUTED PORTION OF
PENSION FORTHWITH IN THE INTEREST OF JUSTICE AND
EQUITY.


IN WP NO.201606/2026:

BETWEEN:

     SRI SUBHASH HALLIKHEDE S/O SHANKAREPPA
     AGED ABOUT:71 YEARS 7 MONTHS,
     SENIOR CITIZEN, ADHAAR NO.5365 2224 6979,
                           - 10 -
                                      NC: 2026:KHC-K:3444
                                       WP No. 201602 of 2026
                                   C/W WP No. 201599 of 2026
                                       WP No. 201600 of 2026
                                               AND 3 OTHERS
HC-KAR




     OCC:RETIRED SENIOR FOOD SAETY OFFICER,
     PRESENTLY R/A, GANGASHREE, NO.19-678
     SHIVANAGAR NORTH, BIDAR,
     KARNATAKA-585 401.
                                       ...PETITIONER

(BY SRI. BIRADAR SHARANAPPA SHANKAREPPA,
ADVOCATE (VC))

AND:

1.   THE STATE OF KARNATAKA
     R/BY IT'S ADDITIONAL CHIEF SECRETARY
     FINANCE DEPARTMENT GOVERNMENT OF
     KARNATAKA VIDHANA SOUDHA
     BENGALURU-560 001.

2.   THE PRINCIPAL SECRETARY
     DEPARTMENT OF HEALTH AND FAMILY
     WELFARE MS BUILDING BENGALURU-560 001.

3.   THE PRINCIPAL ACCOUNTANT
     GENERAL (A AND E), KARNATAKA PARK
     HOUSE ROAD BENGALURU-560 001.

4.   THE DESIGNATED OFFICER
     FOOD SAFETY AND STANDARDS AUTHORITY
     DISTRICT BIDAR-585 402.

5.   THE DEPUTY DIRECTOR
     DEPARTMENT OF TREASURIES DISTRICT
     TREASURY OFFICE BIDAR-585 401.
                                    ...RESPONDENTS

(BY SRI. MALLIKARJUNA SAHUKAR, AGA)

   THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
                               - 11 -
                                          NC: 2026:KHC-K:3444
                                           WP No. 201602 of 2026
                                       C/W WP No. 201599 of 2026
                                           WP No. 201600 of 2026
                                                   AND 3 OTHERS
 HC-KAR




A) ISSUE A WRIT OF MANDAMUS DIRECTING THE 3RD
RESPONDENT TO STOP RECOVERY OF THE COMMUTED
PORTION OF PENSION BEYOND 10 YEARS AND REFUND
THE AMOUNT RECOVERED BEYOND THE SAID PERIOD
WITH INTEREST AT THE RATE OF 12% PER ANNUM. B)
ISSUE A WRIT OF MANDAMUS DIRECTING THE 1ST
RESPONDENT TO CONSTITUTE AN EXPERT COMMITTEE
FOR THE RE-ASSESSMENT OF THE QUANTUM OF
COMMUTATION OF PENSION AND THE YEARS OF
RESTORATION OF FULL PENSION. C) ISSUE ANY OTHER
WRIT, ORDER, DIRECTION AS THIS HON'BLE COURT
DEEMS FIT IN THE INTEREST OF JUSTICE AND EQUITY. D)
IT IS HUMBLY PRAYED THAT PENDING DISPOSAL OF THE
WRIT PETITION, THIS HON'BLE COURT BE PLEASED TO
STAY THE RECOVERY OF THE COMMUTED PORTION OF
PENSION FORTHWITH IN THE INTEREST OF JUSTICE AND
EQUITY.


    THESE PETITIONS, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM:     HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY


                        ORAL ORDER

1. The petitioners in the above captioned writ petitions are before this Court seeking for the following reliefs:

In W.P.No.201602/2026.
(a) Issue a writ of mandamus directing the 3rd respondent to stop recovery of the commuted portion of pension beyond 10 years and refund the amount recovered beyond the said period with interest at the rate of 12% per annum;

- 12 -

NC: 2026:KHC-K:3444 WP No. 201602 of 2026 C/W WP No. 201599 of 2026 WP No. 201600 of 2026 AND 3 OTHERS HC-KAR

(b) Issue a writ of mandamus directing the 1st respondent to constitute an expert committee for the reassessment of the quantum of commutation of pension and the years of restoration of full pension;

(c) Issue any other writ, order, direction as this Hon'ble Court deems fit in the interest of justice and equity.

In W.P.No.201599/2026.

(a) Issue a writ of mandamus directing the 3rd respondent to stop recovery of the commuted portion of pension beyond 10 years and refund the amount recovered beyond the said period with interest at the rate of 12% per annum;

(b) Issue a writ of mandamus directing the 1st respondent to constitute an expert committee for the reassessment of the quantum of commutation of pension and the years of restoration of full pension;

(c) Issue any other writ, order, direction as this Hon'ble Court deems fit in the interest of justice and equity.

In W.P.No.201600/2026.

(a) Issue a writ of mandamus directing the 3rd respondent to stop recovery of the commuted portion of pension beyond 10 years and refund the amount recovered beyond the said period with interest at the rate of 12% per annum;

(b) Issue a writ of mandamus directing the 1st respondent to constitute an expert committee for the re-assessment of the quantum of commutation of pension and the years of restoration of full pension;

(c) Issue any other writ, order, direction as this Hon'ble Court deems fit in the interest of justice and equity.

- 13 -

NC: 2026:KHC-K:3444 WP No. 201602 of 2026 C/W WP No. 201599 of 2026 WP No. 201600 of 2026 AND 3 OTHERS HC-KAR In W.P.No.201603/2026.

(a) Issue a writ of mandamus directing the 3rd respondent to stop recovery of the commuted portion of pension beyond 10 years and refund the amount recovered beyond the said period with interest at the rate of 12% per annum;

(b) Issue a writ of mandamus directing the 1st respondent to constitute an expert committee for the re-assessment of the quantum of commutation of pension and the years of restoration of full pension;

(c) Issue any other writ, order, direction as this Hon'ble Court deems fit in the interest of justice and equity.

In W.P.No.201605/2026.

(a) Issue a writ of mandamus directing the 3rd respondent to stop recovery of the commuted portion of pension beyond 10 years and refund the amount recovered beyond the said period with interest at the rate of 12% per annum;

(b) Issue a writ of mandamus directing the 1st respondent to constitute an expert committee for the re-assessment of the quantum of commutation of pension and the years of restoration of full pension;

(c) Issue any other writ, order, direction as this Hon'ble Court deems fit in the interest of justice and equity.

In W.P.No.201606/2026.

(a) Issue a writ of mandamus directing the 3rd respondent to stop recovery of the commuted portion of pension beyond 10 years and refund the amount recovered beyond the said period with interest at the rate of 12% per annum;

(b) Issue a writ of mandamus directing the 1st respondent to constitute an expert committee for the

- 14 -

NC: 2026:KHC-K:3444 WP No. 201602 of 2026 C/W WP No. 201599 of 2026 WP No. 201600 of 2026 AND 3 OTHERS HC-KAR re-assessment of the quantum of commutation of pension and the years of restoration of full pension;

(c) Issue any other writ, order, direction as this Hon'ble Court deems fit in the interest of justice and equity.

2. Heard the learned counsels for the parties.

3. It is the case of the petitioners who are retired government servants that, at the time of retirement they were paid lump sum amount after commutation of their pension, and towards the recovery of the commutation amount paid to them, amount is being deducted from their pension every month. According to the petitioners, the respondents have already recovered the lump sum commutation amount paid to the petitioners and in spite of the same, monthly deduction from the pension amount of the petitioners has not been stopped. It is under these circumstances, the petitioners have preferred these petitions seeking for the aforesaid reliefs.

4. The petitioners have not approached the competent authority before approaching this Court in these writ petitions. According to the petitioners, the respondents

- 15 -

NC: 2026:KHC-K:3444 WP No. 201602 of 2026 C/W WP No. 201599 of 2026 WP No. 201600 of 2026 AND 3 OTHERS HC-KAR have already recovered the commutation amount which was paid to them at the time of their retirement. If that is so, it is for the petitioners to file necessary representation before the competent authority and seek recovery of the excess amount, if any recovered from them. The respondents are bound to consider such representations and pass appropriate orders.

5. Under the circumstances, I am of the opinion that, if the writ petitions are disposed of permitting the petitioners to submit appropriate representations to the competent authority to stop the monthly recovery from their pension towards commutation amount paid to them at the time of their retirement and if it is found that, the respondents have recovered excess amount from the petitioners, to make a request for refund of such amount, the same would serve the ends of justice.

6. Accordingly, the following:

- 16 -
NC: 2026:KHC-K:3444 WP No. 201602 of 2026 C/W WP No. 201599 of 2026 WP No. 201600 of 2026 AND 3 OTHERS HC-KAR ORDER The writ petitions are disposed of with permission to the petitioners to submit appropriate representations to the concerned authority along with the copy of this order and in the event, if such representations are submitted by the petitioners, the competent authority, within a period of three months from the date of receipt of such representations shall consider the said representations in accordance with law, and if it is found that the respondents have recovered excess amount from the petitioners towards commutation amount, such excess amount shall be refunded to the petitioners, forthwith.
Sd/-
(S.VISHWAJITH SHETTY) JUDGE SVH List No.: 1 Sl No.: 16