Karnataka High Court
Sri Mallikarjun vs The State Of Karnataka on 2 March, 2026
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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NC: 2026:KHC-K:2011
WP No. 200354 of 2026
C/W WP No. 200392 of 2026
WP No. 200855 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 2ND DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
WRIT PETITION NO. 200354 OF 2026 (S-R)
C/W
WRIT PETITION NO. 200392 OF 2026 (S-R)
WRIT PETITION NO. 200855 OF 2026 (S-R)
IN WP No. 200354/2026
BETWEEN:
SRI MALLIKARJUN S/O MUDDAPPA BILAGI,
AGED ABOUT 72 YEARS, SENIOR CITIZEN,
ADHAAR NO.9011 1506 2393,
OCC: RETIRED MARKETING SUPERVISOR,
PRESENTLY R/A H.NO. 82, TRUPTI NILAYA,
WARD NO. 22 BIJAPUR HUDCO COLONY,
Digitally signed
by NIJAMUDDIN BAGALKOT RING ROAD, SAI PARK BIJAPUR,
JAMKHANDI KARNATAKA-586109
Location: HIGH
COURT OF
KARNATAKA
...PETITIONER
(BY SRI BIRADAR SHARANAPPA SHANKAREPPA AND
SRI JUKALE SHIVARAJ K,ADVOCATES)
AND:
1. THE STATE OF KARNATAKA,
R/BY IT'S ADDITIONAL CHIEF SECRETARY,
FINANCE DEPARTMENT
GOVERNMENT OF KARNATAKA,
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NC: 2026:KHC-K:2011
WP No. 200354 of 2026
C/W WP No. 200392 of 2026
WP No. 200855 of 2026
HC-KAR
VIDHANA SOUDHA,
BENGALURU-560001.
2. THE PRINCIPAL SECRETARY,
DEPARTMENT OF CO-OPERATION
(AGRICULTURE AND MARKETING DEPARTMENT),
M S BUILDING BENGALURU-560001.
3. THE PRINCIPAL ACCOUNTANT
GENERAL (A AND E),
KARNATAKA PARK HOUSE ROAD
BENGALURU-560001.
4. THE SECRETARY
APMC, BIJAPUR-586109.
5. THE DEPUTY DIRECTOR,
DEPARTMENT OF TREASURIES
DISTRICT TREASURY OFFICE
VIJAYAPURA-586109
...RESPONDENTS
(BY SRI VIRANAGOUDA BIRADAR, 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 SHOP RECOVERY OF THE COMMUTED
PORTION OF PENSION BEYOND 10 YEARS AND 8 MONTHS 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.
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NC: 2026:KHC-K:2011
WP No. 200354 of 2026
C/W WP No. 200392 of 2026
WP No. 200855 of 2026
HC-KAR
IN WP NO. 200392/2026
BETWEEN:
SRI SHIVARAJ S/O BHEEMANNA ANDURE,
AGED ABOUT 70 YEARS AND 05 MONTHS,
SENIOR CITIZEN ADHAAR NO. 4234 7965 7933,
OCC: RETIRED CRAFT TEACHER,
NALANDA HIGH SCHOOL, AURAD (B)
(DEPARTMENT OF SCHOOL EDUCATION AND
LITERACY),
PRESENTLY R/A H.NO. 14-204,
NEAR DATTA MANDIR,
SHARANABASAVESHWAR COLONY, AURAD (B),
DIST. BIDAR-585326.
...PETITIONER
(BY SRI BIRADAR SHARANAPPA SHANKAREPPA AND
SRI JUKALE SHIVARAJ K, ADVOCATES)
AND:
1. THE STATE OF KARNATAKA,
R/BY IT'S ADDITIONAL CHIEF SECRETARY,
FINANCE DEPARTMENT
GOVERNMENT OF KARNATAKA,
VIDHANA SOUDHA,
BENGALURU-560001.
2. THE PRINCIPAL SECRETARY
DEPARTMENT OF SCHOOL EDUCATION AND LITERACY,
MS BUILDING,
BENGALURU-560001.
3. THE PRINCIPAL ACCOUNTANT
GENERAL (A AND E),
KARNATAKA PARK HOUSE ROAD,
BENGALURU-560001.
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NC: 2026:KHC-K:2011
WP No. 200354 of 2026
C/W WP No. 200392 of 2026
WP No. 200855 of 2026
HC-KAR
4. THE DEPUTY DIRECTOR
PUBLIC INSTRUCTION DEPARTMENT OF SCHOOL
EDUCATION AND LITERACY,
BIDAR-585401.
5. THE DEPUTY DIRECTOR,
DEPARTMENT OF TREASURIES
DISTRICT TREASURY OFFICE,
BIDAR-585401.
...RESPONDENTS
(BY SRI VIRANAGOUDA BIRADAR, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
ALLOW THE WRIT PETITION AND PLEASED TO GRANT THE
RELIEF SOUGHT FOR AS UNDER 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 WP NO. 200855/2026
BETWEEN:
SRI SANGASHETTY S/O ADVAPPA MANAKARE,
AGED ABOUT 70 YARS, 07 MONTHS SENIOR CITIZEN
ADHAAR NO 2700 0278 8052,
OCC: RETIRED ASSISTANT ENGINEER,
PRESENTLY R/A H NO 8-9-369/97A,
GURUNANAK COLONY, NEAR SHIVA MANDIR,
BIDAR KARNATAKA-585401.
...PETITIONER
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NC: 2026:KHC-K:2011
WP No. 200354 of 2026
C/W WP No. 200392 of 2026
WP No. 200855 of 2026
HC-KAR
(BY SRI BIRADAR SHARANAPPA SHANKAREPPA AND
SRI JUKALE SHIVARAJ K, ADVOCATES)
AND:
1. THE STATE OF KARNATAKA,
R/BY ITS ADDITIONAL CHIEF SECRETARY,
FINANCE DEPARTMENT
GOVERNMENT OF KARNATAKA,
VIDHANA SOUDHA,
BENGALURU-560001.
2. THE PRINCIPAL SECRETARY,
DEPARTMENT OF WATER RESOURCE DEVELOPMENT
MS BUILDING,
BENGALURU-560001.
3. THE PRINCIPAL ACCOUNTANT,
GENERAL ( A AND E) KARNATAKA
PARK HOUSE ROAD,
BENGALURU- 560001.
4. THE ASST. EXECUTIVE ENGINEER,
SUB DIVISION NO 4 BHALKI OFFICE
CAMP HUMANABAD- 585330.
5. THE DEPUTY DIRECTOR,
DEPARTMENT OF TREASURIES
DISTRICT TREASURY OFFICE,
BIDAR-585401.
...RESPONDENTS
(BY SRI VIRANAGOUDA BIRADAR, 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 YEATS AND 8 MONTHS
AND REFUND THE AMOUNT RECOVERED BEYOND THE SAID
PERIOD WITH INTEREST AT THE RATE OF 12% PER
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NC: 2026:KHC-K:2011
WP No. 200354 of 2026
C/W WP No. 200392 of 2026
WP No. 200855 of 2026
HC-KAR
ANNUM. B) ISSUE A WRIT OF MANDAMUS DIRECTING THE
1ST RESPONDENT TO CONSIDER THE REPRESENTATION
DATED 07.11.2025 SUBMITTED BY THE PETITIONER VIDE
ANNEXURE-D. C) 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. D) ISSUE ANY OTHER
WRIT, ORDER, DIRECTION AS THIS HON'BLE COURT
DEEMS FIT.
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 three captioned writ petitions are before this Court seeking for the following reliefs:
In W.P.No.200354/2026.
(a) Issue a writ of mandamus directing the 3rd respondent to stop recovery of the commuted portion of pension beyond 10 years and 8 months 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;-7-
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(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.200392/2026.
(a) Issue a writ of mandamus directing the 3rd respondent to stop recovery of the commuted portion of pension beyond 10 years and 8 months 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.200855/2026.
(a) Issue a writ of mandamus directing the 3rd respondent to stop recovery of the commuted portion of pension beyond 10 years and 8 months 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 consider the representation dated 07.11.2025 submitted by the petitioner vide Annexure- D;
(c) 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;
(d) 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. -8-
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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 three writ petitions. According to the petitioners, the respondents 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 -9- NC: 2026:KHC-K:2011 WP No. 200354 of 2026 C/W WP No. 200392 of 2026 WP No. 200855 of 2026 HC-KAR the petitioners. The respondents are bound to consider the said representation 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:
ORDER The writ petitions are disposed of with permission to the petitioners to submit appropriate representation to the concerned authority along with the copy of this order and in the event, if such a representation is submitted by the petitioners, the competent authority within
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NC: 2026:KHC-K:2011 WP No. 200354 of 2026 C/W WP No. 200392 of 2026 WP No. 200855 of 2026 HC-KAR a period of three months from the date of receipt of such representation shall consider the said representation 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.: 34 CT:PK