Karnataka High Court
Dr. Jayaprakash vs The State Of Karnataka on 30 July, 2024
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WP No. 19172 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE R. NATARAJ
WRIT PETITION NO. 19172 OF 2024 (S-RES)
BETWEEN:
1. DR. JAYAPRAKASH
S/O. B.S. SIDDEGOWDA
AGED 71 YEARS
RETIRED PROFESSOR
BANGALORE UNIVERSITY
BANGALORE-560056
R/AT NO.1192, 18TH MAIN ROAD,
5TH BLOCK, RAJAJINAGAR,
BANGALORE-560010.
2. DR. P.M. BALAGONDAR
S/O. LATE MALAPPA
AGED 73 YEARS
RETIRED PROFESSOR
BANGALORE UNIVERSITY
BANGALORE-560056
Digitally signed R/AT NO.301, D S MAX SAMRAT,
by
MARKONAHALLI
RAMU PRIYA
HMR LAYOUT, MATHIKERE,
Location: HIGH BENGALURU-560054.
COURT OF
KARNATAKA
3. ADILAKSHMI R
S/O NANJAPPA SETTY G.N.
AGED 71 YEARS
ASSISTANT LIBRARIAN, SELECTION GRADE
BANGALORE UNIVERSITY
BANGALORE-560056
R/AT NO.723, 2ND MAIN,
2ND STAGE, 11TH BLOCK
NAGARBHAVI,
BENGALURU-560072.
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4. DR. B.A. KAGALI
S/O. A.T. KAGALI
AGED 73 YEARS
RETIRED PROFESSOR
BANGALORE UNIVERSITY
BANGALORE-560056
R/AT. NO.406, F ROAD,
IDEAL HOMES TOWNSHIP, 2ND STAGE,
RAJARAJESHWARI NAGAR
BENGALURU-560056.
5. V. KESHAVA MURTHY
S/O D. VENKATAPPA
AGED 75 YEARS
RETIRED PROFESSOR
BANGALORE UNIVERSITY,
BANGALORE-560056
R/AT 509/A, 15TH A MAIN ROAD,
1ST BLOCK, 3RD STAGE,
BASAVESHWARANAGAR,
BENGALURU-560079.
6. DR. B.G. SUDHA
D/O. LATE B.S. GOPINATHA RAO
AGED 76 YEARS
RETIRED PROFESSOR
BANGALORE UNIVERSITY,
BANGALORE-560056
R/AT NO.41, SURABHI NIVAS,
2ND CROSS, 5TH MAIN, LIC COLONY,
3RD BLOCK, EAST JAYANAGAR,
BANGALORE-560011
7. DR. K.L. NARAHARI RAO
S/O. LATE K.M. LAKSHMI NARASIMHA RAO
AGED 71 YEARS
RETIRED PROFESSOR
BANGALORE UNIVERSITY,
BANGALORE-560056
1134, 4TH CROSS,
2ND RAILWAY PARALLEL ROAD,
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KENGERI UPANAGARA,
BANGALORE-560060.
8. K.T. PARTHASARATHY
S/O LATE GOPALA IYENGAR
AGED 75 YEARS
RETIRED PROFESSOR
BANGALORE UNIVERSITY,
BANGALORE-560056
R/AT NO.27, SRINIKETHANA,
BRINDAVAN ROAD, RAMANJANEYANAGAR,
CHIKKALLASANDRA, BANGALORE-560061.
9. DR. VASANTHY VIJAY
S/O. A.N. VIJAYAMURTHY
AGED 74 YEARS
RETIRED PROFESSOR
BANGALORE UNIVERSITY,
BANGALORE-560056
R/AT NO.92, DHARANI, 3RD CROSS,
SVK LAYOUT, BASAVESHWARNAGAR,
BANGALORE-560079.
10. DR. MEHTA SHANKER
S/O. AMBANNA
AGED 74 YEARS
READER
RETIRED PROFESSOR
BANGALORE UNIVERSITY,
BANGALORE-560056
R/AT NO.500/52, HORAMAVU AGARA,
JYOTHINAGAR, 4TH CROSS,
BEHIND MOHRE PUBLIC SCHOOL,
BANGALORE-560043.
11. DR. Y.B. MARALABHAVI
S/O BASAPPA MARAHABHAVI,
AGED 73 YEARS
RETIRED PROFESSOR
BANGALORE UNIVERSITY,
BANGALORE-560056
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R/AT NO.5, SHIVAKRUPE,
RAJU LAYOUT (NETAJI ROAD),
NAGADEVANAHALLI,
BANGALORE-560056
12. SMT. B.G. SREELAKSHMI
S/O. B.K. GOVINDA RAJU
AGED 74 YEARS
RETIRED PROFESSOR
BANGALORE UNIVERSITY,
BANGALORE-560056
R/AT NO.1/4 (1/B), BHAVANI, 2ND CROSS,
RANGA RAS ROAD,
SHANKARAPURAM,
BANGALORE-560004.
13. M.S. BHAVANI
S/O LATE H.D. CHINNAPPA
AGED 72 YEARS
RETIRED PROFESSOR
BANGALORE UNIVERSITY,
BANGALORE-560056
R/AT NO. 355, 9TH MAIN,
VIDHYAPEETHI LAYOUT,
BSK 3RD STAGE,
BANGALORE-560085.
14. DR. C. CHANDRASEKHARA REDDY
S/O. LATE C. RAMA REDDY
AGED 76 YEARS
RETIRED PROFESSOR
BANGALORE UNIVERSITY
BANGALORE-560056
R/AT 139, 4TH MAIN ROAD,
UNIVERSITY LAYOUT, BEML 5TH STAGE,
RAJARAJESHWARI NAGAR,
BENGALURU-560098.
15. PROF. R.G. DESAI
S/O GIRIYAPPA DESAI
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AGED 73 YEARS
RETIRED PROFESSOR
BANGALORE UNIVERSITY
BANGALORE-560056
R/AT NO.50, AVANI SRENGHI NAGAR,
7TH CROSS, BTM 6TH STAGE,
NYARAPPATHATHI ROAD,
BEGUR POST, BANGALORE-560114
16. DR. H.R. SUDHA
S/O H.S. RAMACHANDRA
AGED 70 YEARS
RETIRED PROFESSOR
BANGALORE UNIVERSITY,
BANGALORE-560056
R/AT NO.37, RENUKA,
NANJAPPA ROAD,
SHANTHI NAGAR,
BANGALORE-560027.
17. K.R. NAGASUNDARA
S/O. K.S. RAJENDRA SWAMY,
AGED 72 YEARS
RETIRED PROFESSOR
BANGALORE UNIVERSITY,
BANGALORE-560056
R/AT NO.611, 2ND A MAIN ROAD,
11TH BLOCK, NAGARBHAVI 2ND STAGE,
BENGALURU-560072
18. DR. G.S. MOHAN
S/O LATE SRI G. SRINIVASA RAO,
AGED 75 YEARS
RETIRED PROFESSOR
BANGALORE UNIVERSITY
BANGALORE-560056
R/AT NO.1256, 7TH CROSS,
4TH MAIN ROAD,
CHANDRA LAYOUT,
BANGALORE-560040.
19. DR. MUNIRAJAPPA
S/O LATE M. LINGAPPA
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AGED 73 YEARS
RETIRED PROFESSOR
BANGALORE UNIVERSITY
BANGALORE-560056
R/AT NO.43, "HOMBELAKU",
BINNY LAYOUT,
BEHIND ATTIGUPPE,
VIJAYANAGARA,
BANGALORE 560040
20. K. ERESI
S/O K. VENKATESH,
AGED 73 YEARS
RETIRED PROFESSOR
BANGALORE UNIVERSITY
BANGALORE-560056
R/AT 117, "ADVAITH", 5TH CROSS,
VYALI KAVAL HOUSING SOCIETY (VHCS)
VIJAYANAGARA
BANGALORE-560040.
21. P.S. JAYARAMU
S/O. SRINIVASA RAO,
AGED 72 YEARS
RETIRED PROFESSOR
BANGALORE UNIVERSITY
BANGALORE-560056
R/AT 100, 2ND CROSS,
CENTRAL EXCISE LAYOUT,
VIJAYANAGARA,
BANGALORE - 560040.
22. DR. K.S. GURUMURTHY
S/O LATE SRI. K. SATYANARAYANA RAO,
AGED 74 YEARS
RETIRED PROFESSOR
BANGALORE UNIVERSITY
BANGALORE-560056
R/AT NO. K-41,
SHRI RAM SADHANA APARTMENTS,
MSR ROAD, GOKULA,
BANGALORE-560054
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23. K.N. MAHENDRA
S/O LATE SRI. KADIDAL NAGAPPA,
AGED 72 YEARS
RETIRED PROFESSOR
BANGALORE UNIVERSITY
BANGALORE-560056
R/AT NO.34, "BELAKU",
10TH CROSS, BALAJI LAYOUT,
MALLATHHALLI,
BANGALORE-560056
24. L.S. GHANDI DOSS
S/O L. SWAMI DOSS,
AGED 77 YEARS
RETIRED PROFESSOR
BANGALORE UNIVERSITY
BANGALORE-560056
R/AT NO.218, SHIVA PRAKRUTHI APT.,
TALACAUVERY LAYOUT, AMRUTHAHALLI,
BANGALORE - 560092.
25. PROF. K.N. NINGE GOWDA
S/O LATE NINGE GOWDA,
AGED 69 YEARS
RETIRED PROFESSOR
BANGALORE UNIVERSITY
BANGALORE-560056
R/AT NO.01, PUSHKARA,
VYALIKAVAL LAYOUT,
VIJAYANAGARA,
BANGALORE-560054.
26. DR. B C SANJEEVAIAH
S/O LATE CHINNAVENKATAPPA
AGED 73 YEARS
RETIRED PROFESSOR
BANGALORE UNIVERSITY
BANGALORE-560056
R/AT NO.461/21, APT. 201,
8TH B MAIN, IV BLOCK,
JAYANAGAR,
BANGALORE-560011
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27. DR. S.CHANDRASHEKAR
S/O LATE VEERABADRAPPA
AGED ABOUT 75 YEARS
RETIRED PROFESSOR
BANGALORE UNIVERSITY
R/AT NO.150B, 3RD FLOOR,
5TH MAIN, 4TH BLOCK,
RAJAJINAGAR,
BANGALORE-560010.
28. DR. A.S.RAYAMANE
S/O LATE SANKAR
AGED ABOUT 67 YEARS
RETIRED PROFESSOR
BANGALORE UNIVERSITY
R/AT NO.66, ANNAPOORNESHWARI NAGAR,
3RD SUB-CROSS, 10TH MAIN CROSS,
MUNESHWAR NAGAR, ULLAL MAIN ROAD,
BANGALORE-560056.
...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. THE STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY
DEPARTMENT OF FINANCE
M.S. BUILDING,
DR.AMBEDKAR VEEDHI
BENGALURU-560001.
3. INDIAN AUDIT AND ACCOUNTS DEPARTMENT
R/BY SENIOR AUDIT OFFICER
OFFICE OF PRINCIPAL ACCOUNTANT GENERAL
(G AND SSA)
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WP No. 19172 of 2024
P.B. NO 5398,
BENGALURU-560001.
4. BANGALORE UNIVERSITY
R/BY REGISTRAR
JNANABHARATHI,
BENGALURU-560056.
...RESPONDENTS
(BY SRI. PRINCE ISAC, ADDITIONAL GOVERNMENT ADVOCATE
FOR RESPONDENT NOS.1 TO 3;
SRI. B. PRAMOD, ADVOCATE FOR RESPONDENT NO.4)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECT
RESPONDENTS TO STAY FURTHER RECOVERY OF PORTION OF
COMMUTATION OF PENSION IMMEDIATELY, AS THE
PETITIONERS IS 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 11.06.2024 WHICH DISCLOSES THE
NAMES OF THE PETITIONERS VIDE ANNEXURE- C AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE R. NATARAJ
ORAL ORDER
The petitioners have sought for a direction to stay further
recovery of portion of the commuted pension on the ground
that the petitioners have repaid the commuted pension for
more than 10 years and 08 months and submitted their
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representations dated 11.06.2024 to roll back the period of
repayment of the commuted pension. The petitioners have also
sought for a writ in the nature of mandamus to refund the
excess amount of commuted pension which is already
recovered from the petitioners.
2. The petitioners were employees of Bengaluru
University who have all retired from service. The petitioners
opted for commuting their pension which was to be recovered
over a period of 15 years. The petitioners contend that from
the date of their retirement, till today, there have been several
events, such as, reduced interest rates and therefore, the
respondents are not entitled to recover the commuted pension
over a period of 15 years and they are bound to reconsider the
same. In that regard, the petitioners submitted a
representations dated 11.06.2024 before the respondents.
3. The learned counsel for the petitioners submits that
following certain directions issued by the High Court of Punjab
and Haryana, the Principal Accountant General, A and E
Haryana had issued a circular dated 19.07.2024 stating that
the State of Haryana had decided to stop recovery of
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commuted value of pension till the orders of stay granted by
the High Court of Punjab and Haryana is vacated. He therefore,
submits that the said circular should be taken into
consideration while considering the representations of the
petitioners.
4. The learned counsel for the respondents on the
other hand, contended that the Division Bench of this Court in
W.A.No.865/2006 has considered the very same question and
had held that the petitioners had all subscribed to the scheme
and had agreed that the commuted value of the pension would
be recovered over a period of 15 years and the petitioners
cannot now back track and claim that the recovery has to be
reduced from 15 years to less than 15 years. He also referred
to the judgment of the Hon'ble Supreme Court of India in the
case of 'Common Cause' A Registered Society & Others
Vs. Union of India - (1987) 1 SC 142 which was also on a
similar issue and which was referred to and relied upon by the
Division Bench of this Court referred supra. He therefore,
contends that the issue raised by the petitioners is no longer
res-integra. None the less, he submits that the representations
of the petitioners dated 11.06.2024 would be considered in
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accordance with law and appropriate orders would be passed
taking into account the latest position of law.
5. In view of the aforesaid submission, this writ
petition is disposed off directing the respondents to consider
the representations of the petitioners dated 11.06.2024 in
accordance with law.
6. It is open for the petitioners to produce any
additional material in support of their representations which
shall be considered by the respondents within a period of three
months from the date of receipt of a copy of this order.
Sd/-
(R. NATARAJ)
JUDGE
HJ
