Karnataka High Court
Sri Veerabhadrappa vs The State Of Karnataka on 6 March, 2026
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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NC: 2026:KHC-K:2157
WP No. 201105 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 6TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
WRIT PETITION NO. 201105 OF 2026 (S-R)
BETWEEN:
SRI VEERABHADRAPPA
S/O NARASAPPA BADIGER,
AGED ABOUT 71 YEARS 4 MONTHS,
SENIOR CITIZEN ADHAAR NO.8435 9193 4142,
OCC: RETIRED HEAD CONSTABLE,
PRESENTLY R/A NO.AT POST YELHERI,
YADGIR, KARNATAKA-585201.
...PETITIONER
(BY SRI. BIRADAR SHARANAPPA SHANKAREPPA, AND
SRI JUKALE SHIVARAJ K. ADVOCATES)
Digitally signed
by SWETA
KULKARNI AND:
Location: HIGH
COURT OF
KARNATAKA 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 HOME AFFAIRS,
M. S. BUILDING,
BENGALURU-560001.
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NC: 2026:KHC-K:2157
WP No. 201105 of 2026
HC-KAR
3. THE PRINCIPAL ACCOUNTANT
GENERAL (A AND E), KARNATAKA,
PARK HOUSE ROAD,
BENGALURU-560001.
4. THE COMMANDANT
KSRP, 6TH BN
GULBARGA-585102.
5. THE DEPUTY DIRECTOR
DEPARTMENT OF TREASURIES
DISTRICT TREASURY OFFICE
YADGIR-585201.
...RESPONDENTS
(BY SRI MALLIKARJUN SAHUKAR, AGA FOR R1, R2, R4, R5;
SRI SUDHIRSINGH R. VIJAPUR, DSGI FOR R3)
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 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:2157
WP No. 201105 of 2026
HC-KAR
THIS PETITION, 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 petitioner in this writ petition is before this Court seeking for the following reliefs:
(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.
2. Heard the learned counsels for the parties.
3. It is the case of the petitioner who is a retired government servant that, at the time of retirement he was paid lump sum amount after commutation of his pension, and towards the recovery of the commutation amount paid to him, amount is being deducted from his pension every -4- NC: 2026:KHC-K:2157 WP No. 201105 of 2026 HC-KAR month. According to the petitioner, the respondent has already recovered the lump sum commutation amount paid to the petitioner and in spite of the same, monthly deduction from the pension amount of the petitioner has not been stopped. It is under these circumstances, the petitioner has preferred this petition seeking for the aforesaid reliefs.
4. The petitioner has not approached the competent authority before approaching this Court in this writ petition. According to the petitioner, the respondent has already recovered the commutation amount which was paid to him at the time of his retirement. If that is so, it is for the petitioner to file necessary representation before the competent authority and seek recovery of the excess amount, if any recovered from the petitioner. 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 petition is disposed of permitting the petitioners to submit appropriate representation to the -5- NC: 2026:KHC-K:2157 WP No. 201105 of 2026 HC-KAR competent authority to stop the monthly recovery from his pension towards commutation amount paid to them at the time of his retirement and if it is found that, the respondents have recovered excess amount from the petitioner, to make a request for refund of such amount, the same would serve the ends of justice.
6. Accordingly, the following:
ORDER The writ petition is disposed of with permission to the petitioner 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 petitioner, the competent authority within 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 petitioner towards -6- NC: 2026:KHC-K:2157 WP No. 201105 of 2026 HC-KAR commutation amount, such excess amount shall be refunded to the petitioner, forthwith.
Sd/-
(S.VISHWAJITH SHETTY) JUDGE SVH List No.: 1 Sl No.: 13 CT:PK