Karnataka High Court
Sri Obedulla D H vs The State Of Karnataka on 1 April, 2026
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2026:KHC:17714
WP No. 9604 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF APRIL, 2026
BEFORE
THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO. 9604 OF 2026 (S-R)
BETWEEN:
SRI OBEDULLA D H
S/O. LATE D HONNUR SAB,
AGED ABOUT 69 YEARS,
RETIRED ATTENDER,
JUDICIAL DEPARTMENT,
R/AT. BHAGYAJYOTHI NAGAR,
MOLAKALMURU,
CHITRADURGA - 577 535
...PETITIONER
(BY SRI. ANIL KUMAR J.M., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
Digitally signed REPRESENTED BY ITS PRINCIPAL SECRETARY,
by
SHARADAVANI DEPARTMENT OF LAW,
B
JUSTICE AND HUMAN RIGHTS,
Location: High
Court of VIDHANA SOUDHA,
Karnataka
BENGALURU - 560 001.
2. THE STATE OF KARNATAKA,
REPRESENTED BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF FINANCE,
VIDHANA SOUDHA,
BENGALURU - 560 001.
3. THE ACCOUNTANT GENERAL (A AND E),
KARNATAKA, ANNEX BUILDING,
-2-
NC: 2026:KHC:17714
WP No. 9604 of 2026
HC-KAR
PARK HOUSE ROAD,
BENGALURU - 560 001.
...RESPONDENTS
(BY SRI. SPOORTHY HEGDE, AGA FOR R1 AND R2
SRI. N. AMARESH, ADVOCATE FOR R3)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA PRAYING TO A) DIRECT, DECLARING
THAT RULE 376(14) OF THE KARNATAKA CIVIL SERVICES RULES
1976, IS ULTRA VIRES BY STRIKING DOWN THE SAME B) DIRECT,
DIRECTING THE RESPONDENTS NOT TO RECOVER THE CVP
ABOVE THE VALUE OF CVP PAID AT THE TIME OF RETIREMENT
AND FURTHER DIRECT THE RESPONDENTS TO REFUND THE
AMOUNT DEDUCTED IN EXCESS TO THE CVP.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
In this petition, the petitioner has sought for the following reliefs:
"a) Issue a writ of certiorari or any other appropriate writ, order or direction, declaring that Rule 376(14) of the Karnataka Civil Services Rules 1976, is ultra vires by striking down the same.-3-
NC: 2026:KHC:17714 WP No. 9604 of 2026 HC-KAR
b) Issue a writ of mandamus or any other appropriate writ, order or direction, directing the Respondents not to recover the CVP above the value of CVP paid at the time of retirement and further direct the respondents to refund the amount deducted in excess to the CVP and
c) Grant such other reliefs as this Hon'ble Court deems fit in the facts and circumstances of the case, including costs, in the interest of justice and equity."
2. Learned counsel for the petitioner submits that in the light of the judgment of the co-ordinate Bench of this Court, in the case of Smt. Regina and others Vs. State of Karnataka1, at Annexure - C, present petition may be disposed of accordingly. In the said judgment, this Court held as under:
"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 1 In WP.No.5625/2025 C/w WP.No.23448/2024, WP.No.34844/2024 dated 12.01.2026 -4- NC: 2026:KHC:17714 WP No. 9604 of 2026 HC-KAR 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:
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.
-5-NC: 2026:KHC:17714 WP No. 9604 of 2026 HC-KAR v. Exempt the petitioner from issuance of advance notices to the respondents, in the interest of justice, and 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 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:-6-
NC: 2026:KHC:17714 WP No. 9604 of 2026 HC-KAR "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.
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 -7- NC: 2026:KHC:17714 WP No. 9604 of 2026 HC-KAR 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.
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.
(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.-8-
NC: 2026:KHC:17714 WP No. 9604 of 2026 HC-KAR
(iv) Till then, the respondents are directed not to pass any order for recovery from the petitioners' commuted value of pension."
3. In view of the fact that the petitioner is similarly/identically situated as that of the petitioner in WP No.5625/2025 and connected matters, I deem it just and appropriate to dispose of this petition in terms of that said petition.
4. In the result, I pass the following:
ORDER
(i) Petition is hereby disposed of in terms of the judgment of this Court in WP.No.5625/2025 and connected matters.
(ii) The petitioner is permitted to submit representation/additional representation within two weeks from the date of receipt of a copy of this order.
(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 copy of the representation.-9-
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(iv) Till then, the respondents are directed not to pass any order for recovery from the petitioner's commuted value of pension.
(v) The various other contentions urged by the petitioner as regards the challenge to the validity of Rule 376 (14) of the Karnataka Civil Services Rules, 1976 are kept open and no opinion is expressed on the merits of the said contention and liberty is reserved in favour of the petitioner to approach this Court subsequently, if the occasions so arises.
Sd/-
(S.R.KRISHNA KUMAR) JUDGE BH List No.: 1 Sl No.: 11