Karnataka High Court
Sri. Rohit Hanchimani S/O Basalingappa vs The Chairman on 17 November, 2025
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
-1-
NC: 2025:KHC-D:15662
WP No. 104105 of 2024
AND CONNECTED MATTERS
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 17TH DAY OF NOVEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
WRIT PETITION NO.104105 OF 2024 (S-R)
C/W. WRIT PETITION NOS. 104030 OF 2024 (S-R),
104092 OF 2024, 104094 OF 2024 (S-RES),
104107 OF 2024, 104109 OF 2024,
104119 OF 2024 (S-R), 104246 OF 2024,
104256 OF 2024 (S-RES), 104476 OF 2024 (S-R),
104653 OF 2024, 104826 OF 2024 (S-RES),
104869 OF 2024, 104935 OF 2024 (S-R),
106015 OF 2024, 106076 OF 2024 (S-RES)
IN W.P.NO.104105/2024:
BETWEEN:
SRI. SUBHAS YARAGANAVI S/O. CHANNAPPA,
AGE ABOUT 67 YEARS,
R/AT: PLOT NO 210, ANNAPURNA BUILDING,
NEAR BUDA COMPLEX, T. V. CENTRE,
BELAGAVI - 590 019.
...PETITIONER
Digitally signed by
VISHAL NINGAPPA (BY SRI. S.H.MITTALKOD &
PATTIHAL
Location: High
SRI. AKASH MITTALKOD, ADVOCATES)
Court of Karnataka,
Dharwad Bench,
Dharwad AND:
THE CHAIRMAN,
KARNATAKA VIKAS GRAMEEN BANK,
HEAD OFFICE BELAGAVI ROAD,
DHARWAD - 580 008.
...RESPONDENT
(BY SRI. MALLIKARJUNSWAMY B. HIREMATH, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A
-2-
NC: 2025:KHC-D:15662
WP No. 104105 of 2024
AND CONNECTED MATTERS
HC-KAR
WRIT OF CERTIORARI QUASHING THE ANNEXURE-E BEARING
NO. REF NO.42/SL920/PENSION/PHRDD/2024 THE REPLY DATED
07.02.2024 ISSUED BY RESPONDENT NO.1. ISSUE A WRIT OF
MANDAMUS TO RESPONDENT FOR REFUNDING THE EXCESS
AMOUNT OF RS. 2,16,715/- COLLECTED TOWARDS EMPLOYERS
SHARE OF EPFO AS SOUGHT IN ANNEXURE-D DATED
31.01.2024 AND ETC.,
IN W.P.NO.104030/2024:
BETWEEN:
SRI. DEVENDRAPPA NARASAPPA NAVALE,
AGED ABOUT 68 YEARS,
PENSIONER, JANANI PLOT NO 59,
KRUSHI NAGR, KELAGERI ROAD,
DHARAWAD 580 001.
...PETITIONER
(BY SRI. S.H.MITTALKOD &
SRI. AKASH MITTALKOD, ADVOCATES)
AND:
THE CHAIRMAN,
KARNATAKA VIKAS GRAMEEN BANK,
HEAD OFFICE, BELAGAVI ROAD,
DHARWAD - 580 008.
...RESPONDENT
(BY SRI. MALLIKARJUNSWAMY B. HIREMATH, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A
WRIT OF CERTIORARI QUASHING THE ANNEXURE-E BEARING
NO. REF NO. 6/E-1012 /SL-202/PENSION/PHRDD/2024 THE
REPLY DATED 04.01.2024 ISSUED BY RESPONDENT. ISSUE A
WRIT OF MANDAMUS TO RESPONDENT FOR REFUNDING THE
EXCESS AMOUNT OF RS. 2,85,316/- COLLECTED TOWARDS
EMPLOYERS SHARE OF EPFO AS SOUGHT IN ANNEXURE-D
DATED 18.10.2023 AND ETC.,
-3-
NC: 2025:KHC-D:15662
WP No. 104105 of 2024
AND CONNECTED MATTERS
HC-KAR
IN W.P.NO.104092/2024:
BETWEEN:
SRI PARAMESHWARAYYA
S/O. VIRUPAKSHAYYA SALIMATH,
AGE ABOUT 68 YEARS,
R/AT VIRUPAKSHA NILAYA,
1ST MAIN, PRASHANT NAGAR, DHARWAD 580 008.
...PETITIONER
(BY SRI. S.H.MITTALKOD
& SRI. AKASH MITTALKOD, ADVOCATES)
AND:
THE CHAIRMAN,
KARNATAKA VIKAS GRAMEEN BANK,
HEAD OFFICE, BELAGAVI ROAD,
DHARWAD - 580 008.
...RESPONDENT
(BY SRI. MALLIKARJUNSWAMY B. HIREMATH, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A
WRIT OF CERTIORARI QUASHING THE ANNEXURE-E BEARING
NO. REF NO. 6/E-112/SL-241/PENSION/PHRDD/2024 THE REPLY
DATED 04.01.2024 ISSUED BY RESPONDENT. ISSUE A WRIT OF
MANDAMUS TO RESPONDENT FOR REFUNDING THE EXCESS
AMOUNT OF
RS. 3,28,162/- COLLECTED TOWARDS EMPLOYERS SHARE OF
EPFO AS SOUGHT IN ANNEXURE-D AND ETC.,
IN W.P.NO.104094/2024:
BETWEEN:
SRI. HAREESHWAR VEERABHADRAPPA MALLABADI
S/O. VEERABHADRAPPA MALLABADI,
AGED ABOUT 67 YEARS, PENSIONER
' VEERASHREE', 2ND MAIN, 3RD CROSS,
SHIVAGIRI, DHARAWAD 580 007.
...PETITIONER
(BY SRI. S.H.MITTALKOD
& SRI. AKASH MITTALKOD, ADVOCATES)
-4-
NC: 2025:KHC-D:15662
WP No. 104105 of 2024
AND CONNECTED MATTERS
HC-KAR
AND:
THE CHAIRMAN
KARNATAKA VIKAS GRAMEEN BANK,
HEAD OFFICE BELAGAVI ROAD,
DHARWAD - 580 008.
...RESPONDENT
(BY SRI. MALLIKARJUNSWAMY B. HIREMATH, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A
WRIT OF QUASHING THE ANNEXURE- E BEARING NO. 370/E-
279/PENSION/PHRDD/2023 THE REPLY DATED 04.01.2024
ISSUED BY RESPONDENT. ISSUE A WRIT OF MANDAMUS TO
RESPONDENT FOR REFUNDING THE EXCESS AMOUNT OF RS
1,11,639/-EMPLOYERS SHARE OF EPFO AS SOUGHT IN
ANNEXURE-D AND ETC.,
IN W.P.NO.104107/2024:
BETWEEN:
SRI BASAVARAJ MORAB
S/O. UDACHAPPA,
AGE ABOUT 68 YEARS,
R/AT. KRUSHI NAGAR,
DHARWAD - 580 008.
...PETITIONER
(BY SRI. S.H.MITTALKOD
& SRI. AKASH MITTALKOD, ADVOCATES)
AND:
THE CHAIRMAN,
KARNATAKA VIKAS GRAMEEN BANK,
HEAD OFFICE BELAGAVI ROAD,
DHARWAD 580 008.
...RESPONDENT
(BY SRI. MALLIKARJUNSWAMY B. HIREMATH, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A
WRIT OF QUASHING THE ANNEXURE- E THE REPLY DATED
-5-
NC: 2025:KHC-D:15662
WP No. 104105 of 2024
AND CONNECTED MATTERS
HC-KAR
04.01.2024 ISSUED BY RESPONDENT BEARING NO. 6/E-928/SL-
49/ PENSION/ PHRDD/ 2024. ISSUE A WRIT OF MANDAMUS TO
RESPONDENT FOR REFUNDING THE EXCESS OF RS 2,00,220/-
EMPLOYERS SHARE AS SOUGHT IN ANNEXURE-D AND ETC.,
IN W.P.NO.104109/2024:
BETWEEN:
SRI. BASAPPA PATTANASHETRA
S/O. VEERAPPA,
AGED ABOUT 64 YEARS,
PENSIONER, 2ND MAIN, 2ND CROSS,
VIVEKANANDNAGAR, GADAG - 582 101.
...PETITIONER
(BY SRI. S.H.MITTALKOD
& SRI. AKASH MITTALKOD, ADVOCATES)
AND:
THE CHAIRMAN,
KARNATAKA VIKAS GRAMEEN BANK,
HEAD OFFICE BELAGAVI ROAD,
DHARWAD 580 008.
...RESPONDENT
(BY SRI. MALLIKARJUNSWAMY B. HIREMATH, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A
WRIT OF CERTIORARI QUASHING THE ANNEXURE-E BEARING
NO. REF NO.438/E-850/SL-197/PENSION/PHRDD/2023 THE
REPLY DATED 19.10.2023 ISSUED BY RESPONDENT. ISSUE A
WRIT OF MANDAMUS TO RESPONDENT FOR REFUNDING THE
EXCESS AMOUNT OF RS. 3,37,546/- COLLECTED TOWARDS
EMPLOYERS SHARE OF EPFO AS SOUGHT IN ANNEXURE-D
DATED 03.10.2023 AND ETC.,
IN W.P.NO.104119/2024:
BETWEEN:
SRI. ARUN SURYAVANSHI
S/O. GANAPAT RAO SURYAVANSHI,
AGE. 64 YEARS,
-6-
NC: 2025:KHC-D:15662
WP No. 104105 of 2024
AND CONNECTED MATTERS
HC-KAR
R/AT. DANESHWARI NAGAR,
2ND CROSS, VIDYAGIRI,
DHARWAD - 580 004.
...PETITIONER
(BY SRI. S.H.MITTALKOD
& SRI. AKASH MITTALKOD, ADVOCATES)
AND:
THE CHAIRMAN,
KARNATAKA VIKAS GRAMEEN BANK,
HEAD OFFICE BELAGAVI ROAD,
DHARWAD 580 008.
...RESPONDENT
(BY SRI. MALLIKARJUNSWAMY B. HIREMATH, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A
WRIT OF CERTIORARI QUASHING THE ANNEXURE-E BEARING
NO. REF NO. 438/E-856/SL-393/PENSION/PHRDD/2023 THE
REPLY DATED 19.10.2023 ISSUED BY RESPONDENT. ISSUE A
WRIT OF MANDAMUS TO RESPONDENTS FOR REFUNDING THE
EXCESS AMOUNT OF RS.3,05,570/- COLLECTED TOWARDS
EMPLOYERS SHARE OF EPFO AS SOUGHT IN ANNEXURE-D AND
ETC.,
IN W.P.NO.104246/2024:
BETWEEN:
SRI. LAXMINARAYAN HEGDE
S/O. MAHABALESHWAR,
AGE. 63 YEARS, PENSIONER,
H.NO.92, MULAKINAKOPPA,
ARASAPUR, SIRSI - 581 402.
...PETITIONER
(BY SRI. S.H.MITTALKOD, ADVOCATE)
AND:
THE CHAIRMAN,
KARNATAKA VIKAS GRAMEEN BANK,
HEAD OFFICE BELAGAVI ROAD,
-7-
NC: 2025:KHC-D:15662
WP No. 104105 of 2024
AND CONNECTED MATTERS
HC-KAR
DHARWAD 580 008.
...RESPONDENT
(BY SRI. MALLIKARJUNSWAMY B. HIREMATH, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A
WRIT OF CERTIORARI QUASHING THE ANNEXURE-D THE
DEMAND DATED 04.01.2024 ISSUED BY RESPONDENT. ISSUE A
WRIT OF MANDAMUS TO RESPONDENTS TO REFUND THE
EXCESS OF EMPLOYERS SHARE OF EPFO RECOVERED AS
SOUGHT IN ANNEXURE-C AND ETC.,
IN W.P.NO.104256/2024:
BETWEEN:
SRI. GADIGAYYA HIREMATH
S/O. CHANNABASAYYA,
AGE. 63 YEARS, PENSIONER
H.NO.95, 7TH CROSS SHRIPAD NAGAR,
NEAR MADINA B.ED COLLEGE,
DHARWAD - 580 001.
...PETITIONER
(BY SRI. S.H.MITTALKOD
& SRI. AKASH MITTALKOD, ADVOCATES)
AND:
THE CHAIRMAN
KARNATAKA VIKAS GRAMEEN BANK
HEAD OFFICE, BELAGAVI ROAD,
DHARWAD - 580 008.
...RESPONDENT
(BY SRI. MALLIKARJUNSWAMY B. HIREMATH, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A
WRIT OF CERTIORARI QUASHING THE ANNEXURE-E THE REPLY
DATED 22.03.2024 ISSUED BY RESPONDENT. ISSUE A WRIT OF
MANDAMUS TO RESPONDENTS TO REFUND THE EXCESS OF
EMPLOYERS SHARE OF EPFO RECOVERED AS CLAIMED IN
ANNEXURE-D AND ETC.,
-8-
NC: 2025:KHC-D:15662
WP No. 104105 of 2024
AND CONNECTED MATTERS
HC-KAR
IN W.P.NO.104476/2024:
BETWEEN:
SRI. ISHWARAPPA KUBASAD S/O. CHANNAPPA,
AGE. 62 YEARS, OCC. PENSIONER,
B BLOCK, 17TH CROSS,
BASAVESHWAR NAGAR,
HAVERI-581 110.
...PETITIONER
(BY SRI. S.H.MITTALKOD
& SRI. AKASH MITTALKOD, ADVOCATES)
AND:
THE CHAIRMAN,
KARNATAKA VIKAS GRAMEEN BANK,
HEAD OFFICE, BELAGAVI ROAD,
DHARWAD - 580 008.
...RESPONDENT
(BY SRI. MALLIKARJUNSWAMY B. HIREMATH, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A
WRIT OF CERTIORARI QUASHING THE ANNEXURE- D THE REPLY
DATED 04.01.2024 ISSUED BY RESPONDENT BEARING NO. REF
NO. 6/E-479/SL-1443/PENSION/PHRDD/2024 ISSUE A WRIT OF
MANDAMUS TO RESPONDENT TO REFUND THE EXCESS AMOUNT
COLLECTED TOWARDS EMPLOYERS SHARE OF EPFO AS SOUGHT
IN ANNEXURE C DATED 19.10.2023 AND ETC.,
IN W.P.NO.104653/2024:
BETWEEN:
SRI. S N PURUSHOTTAM
S/O. S.T. NARAYNAYY,
AGE. 64 YEARS, PENSIONER
38/A SRINIVAS, SHRI NAGAR,
NEAR UNAKAL, HUBBALLI - 580 031.
...PETITIONER
(BY SRI. S.H.MITTALKOD
& SRI. AKASH MITTALKOD, ADVOCATES)
-9-
NC: 2025:KHC-D:15662
WP No. 104105 of 2024
AND CONNECTED MATTERS
HC-KAR
AND:
THE CHAIRMAN,
KARNATAKA VIKAS GRAMEEN BANK,
HEAD OFFICE, BELAGAVI ROAD,
DHARWAD - 580 008.
...RESPONDENT
(BY SRI. MALLIKARJUNSWAMY B. HIREMATH, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A
WRIT OF CERTIORARI QUASHING THE ANNEXURE-E BEARING
REF NO. 6/E-517/SL-116/PENSION/PHRDD/2024 THE REPLY
DATED 04.01.2024 ISSUED BY RESPONDENT. ISSUE A WRIT OF
MANDAMUS TO RESPONDENT TO REFUND THE EXCESS AMOUNT
OF RS.2,68,805/- COLLECTED TOWARDS EMPLOYERS SHARE OF
EPFO AS SOUGHT IN ANNEXURE-D AND ETC.,
IN W.P.NO.104826/2024:
BETWEEN:
SRI. ROHIT HANCHIMANI S/O. BASALINGAPPA,
AGE. 65 YEARS, PENSIONER
143/C/2 MUDHOLAKAR COMPOUND,
BEHIND JD OFFICE, BELAGAVI ROAD,
DHARWAD - 580 008.
...PETITIONER
(BY SRI. S.H.MITTALKOD
& SRI. AKASH MITTALKOD, ADVOCATES)
AND:
THE CHAIRMAN,
KARNATAKA VIKAS GRAMEEN BANK,
HEAD OFFICE, BELAGAVI ROAD,
DHARWAD-580 008.
...RESPONDENT
(BY SRI. MALLIKARJUNSWAMY B. HIREMATH, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A
WRIT OF CERTIORARI QUASHING THE ANNEXURE-D THE
- 10 -
NC: 2025:KHC-D:15662
WP No. 104105 of 2024
AND CONNECTED MATTERS
HC-KAR
DEMAND DATED. 02-09-2023 ISSUED BY RESPONDENT
BEARING NO. 369/E-464/PENSION/PHRDD/2023. ISSUE A WRIT
OF MANDAMUS TO RESPONDENTS TO REFUND THE EXCESS OF
EMPLOYERS SHARE OF EPFO RECOVERED AS SOUGHT IN
ANNEXURE-C AND ETC.,
IN W.P.NO.104869/2024:
BETWEEN:
SRI. BABU JINARALE S/O. RACHAPPA,
AGE. 64 YEARS,
R/AT. KRUSHI NAGAR,
DHARWAD - 580 008.
...PETITIONER
(BY SRI. S.H.MITTALKOD
& SRI. AKASH MITTALKOD, ADVOCATES)
AND:
THE CHAIRMAN,
KARNATAKA VIKAS GRAMEEN BANK,
HEAD OFFICE BELAGAVI ROAD,
DHARWAD - 580 008.
...RESPONDENT
(BY SRI. MALLIKARJUNSWAMY B. HIREMATH, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A
WRIT OF CERTIORARI QUASHING THE ANNEXURE-E THE
DEMAND LETTER DATED. 19.10.2023 ISSUED BY RESPONDENT
BEARING REF NO.438/E-1040/SL-1037/PENSION/PHRDD/2023.
ISUE A WRIT OF MANDAMUS TO RESPONDENTS TO REFUND THE
EXCESS AMOUNT OF RS. 1,82,977/- COLLECTED TOWARDS
EMPLOYERS SHARE OF EPFO AS SOUGHT IN ANNEXURE-D
DATED 10.10.2023 AND ETC.,
IN W.P.NO.104935/2024:
BETWEEN:
SRI. MUTTAPPA VERABASAPPA KARER,
AGE. 66 YEARS, OCC. PENSIONER,
SHAMBHAVI NAGAR, NEAR KMF,
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NC: 2025:KHC-D:15662
WP No. 104105 of 2024
AND CONNECTED MATTERS
HC-KAR
DHARWAD - 580 004.
...PETITIONER
(BY SRI. S.H.MITTALKOD
& SRI. AKASH MITTALKOD, ADVOCATES)
AND:
THE CHAIRMAN,
KARNATAKA VIKAS GRAMEEN BANK,
HEAD OFFICE BELAGAVI ROAD,
DHARWAD - 580 008.
...RESPONDENT
(BY SRI. MALLIKARJUNSWAMY B. HIREMATH, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A
WRIT OF CERTIORARI QUASHING THE ANNEXURE-E THE REPLY
DATED 19.10.2023 ISSUED BY RESPONDENT BEARING REF NO.
438/E-401/SL-394/PENSION/PHRDD/2023. ISSUE A WRIT OF
MANDAMUS TO RESPONDENT TO REFUND THE EXCESS OF
RS.1,25,649/- COLLECTED TOWARDS EMPLOYEES SHARE OF
EPFO AS SOUGHT IN ANNEXURE-D AND ETC.,
IN W.P.NO.106015/2024:
BETWEEN:
SRI. K. BHUJANG T SHETTY
S/O. KALAGI THEJAAPPA SHETTY,
AGED ABOUT. 66 YEARS, PENSIONER,
KAVADI VIA BARKUR,
BRAHMAVAR, UDUPI 576210.
...PETITIONER
(BY SRI. S.H.MITTALKOD
& SRI. AKASH MITTALKOD, ADVOCATES)
AND:
THE CHAIRMAN,
KARNATAKA VIKAS GRAMEEN BANK,
HEAD OFFICE BELAGAVI ROAD,
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WP No. 104105 of 2024
AND CONNECTED MATTERS
HC-KAR
DHARWAD - 580 008.
...RESPONDENT
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A
WRIT OF CERTIORARI QUASHING THE ANNEXURE-D THE REPLY
DATED 22.03.2024 ISSUED BY RESPONDENT. ISSUE A WRIT OF
MANDAMUS TO RESPONDENTS TO REFUND THE EXCESS
AMOUNT OF RS.2,76,808/- OF EMPLOYERS SHARE OF EPFO
RECOVERED AS SOUGHT IN ANNEXURE-C AND ETC.,
IN W.P.NO.106076/2024:
BETWEEN:
SRI. RAMESH ZINGADE S/O. GAGADHAR ZINGADE,
AGE ABOUT 68 YEARS,
R/AT. MOOKAMBIKA NAGAR,
DHARWAD 580 008.
...PETITIONER
(BY SRI. S.H.MITTALKOD
& SRI. AKASH MITTALKOD, ADVOCATES)
AND:
THE CHAIRMAN,
KARNATAKA VIKAS GRAMEEN BANK,
HEAD OFFICE BELAGAVI ROAD,
DHARWAD - 580 008.
...RESPONDENT
(BY SRI. MALLIKARJUNSWAMY B. HIREMATH, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A
WRIT OF CERTIORARI QUASHING THE ANNEXURE-E THE REPLY
BEARING NO.6/E-506/SL-585/PENSION/PHRDD/2024 DATED
04.01.2024 ISSUED BY RESPONDENT. ISSUE A WRIT OF
MANDAMUS TO RESPONDENT TO REFUND THE EXCESS OF
RS.2,63,879/- DATED 19.10.2023 EMPLOYERS SHARE OF EPFO
NO.506 AS SOUGHT IN ANNEXURE-D AND ETC.,
THESE WRIT PETITIONS, COMING ON FOR PRELIMINARY
HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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WP No. 104105 of 2024
AND CONNECTED MATTERS
HC-KAR
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)
1. Heard the learned counsel appearing for the
petitioner and the learned counsel for the respondents.
2. What is called in question in these petitions is the
refund of the excess of employees' share in the provident fund
recovered in terms of the respective orders.
3. The Co-ordinate Bench of this Court, in Writ Petition
No.5005 of 2023, disposed on 17th January 2024, has held as
follows:
"2. This captioned writ petition is filed by the
retired employee of respondent - Bank aggrieved by the
endorsement issued by respondent Nos.5 and 6 as per
Annexures-B and H respectively, wherein the employer,
while rejecting representation letter dated 26.12.2022,
has declined to look into claim made by the petitioner
seeking recovery of amount of Rs.3,14,329/- on the
ground that respondent - Bank has collected excess
amount while extending pension scheme to the petitioner.
The said endorsement issued by respondent No.6 is
called in question.
3. Facts leading to the case are as under;
The petitioner joined respondent - Bank on
31.01.1986 as Filed Supervisor in the erstwhile Chitradurg
Gramin Bank and was promoted to the post of Manager
during his service. The petitioner has attained
superannuation and was relieved from the service on
31.01.2020. While petitioner was in service, the
respondent - Bank issued a Circular No.100/2018-19
dated 01.01.2019 with regard to implementation of the
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AND CONNECTED MATTERS
HC-KAR
pension scheme in the Bank. The Pension Regulations,
2018 introduced by the Bank gave an option to the
employee to become a member of the Fund with requisite
conditions that employee should transfer entire
contribution of the Bank along with interest accrued
thereon, to the credit of the Fund constituted under
Regulation 4 of the Pension Regulations, 2018.
4. The petitioner opted for the scheme and
became a member of the Board and refunded final
amount received by him from the corpus comprising of
Bank's contribution to the provident fund under the
Employees' Pension Scheme, 1995 along with interest
accrued thereon.
5. The petitioner was relieved from service on
31.01.2020. The petitioner, who is now getting a
pension in terms of the Pension Regulations, 2018,
submitted an application on 26.12.2022. In the said
representation, the petitioner has claimed that he has
approached office of respondent - Bank and has
collected information under RTI Act. Placing reliance on
the statement issued by respondent - Bank, petitioner
claimed that the respondent - Bank while extending the
benefit of Pension Regulations, 2018, has collected excess
amount of Rs.3,14,329/- and hence, representation
is submitted as per Annexure - G calling upon the
Bank to return the excess amount of Rs.3,14,329/- along
with interest at the rate of 18% from the date of
recovery till the date of payment.
6. Respondent - Bank has issued an
endorsement on 17.01.2023 thereby informing the
petitioner that the details furnished by the petitioner are
found to be incomplete and therefore, alleged excess
amount claimed by the petitioner cannot be considered for
want of documents and details in that regard. The said
endorsement is under challenge.
7. Heard learned counsel appearing for the
petitioner, learned counsel appearing for respondent Nos.3
to 6 and learned counsel appearing for respondent No.7.
Perused the materials on record.
8. The grievance of the petitioner is that
respondent Nos.3 and 4 have collected excess amount
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AND CONNECTED MATTERS
HC-KAR
while extending benefit of the Pension Regulations, 2018.
The petitioner's claim that Banker's Contribution towards
provident fund under the Employees Pension Scheme,
1995 was only to the tune of Rs.2,45,664/-.
9. Learned counsel appearing for respondent
No.7 referring to the materials on record would bring to
the notice of this Court that employee has periodically
sought release of the contribution made by the
employer as well as by the employee. Referring to the
Bank Statement issued by respondent Nos.3 and 4, she
would point out that the details pertaining to the
employees contribution from 1979-80 clearly gives
an indication that as on 2019-20, the total
contribution by the employer works out to Rs.5,15,421/-
. She has also placed reliance on the account statement
issued by respondent No.7 - Corporation. Referring to
the account statement of the petitioner, it is brought to
the notice of this Court that the petitioner has withdrawn
GPF contribution made by the petitioner as well as by
the Bank.
10. Referring to these significant details, it was
argued by the learned counsel appearing for the
respondent - Organization that petitioner, in absence of
documents to counter these statements, is not entitled to
seek refund by alleging that excess amount is
recovered by respondent Nos.3 and 4 while extending the
Pension Regulation, 2018.
11. On examining materials on record, more
particularly, the account statement issued by respondent
No.7 would place on record by the petitioner and the
statement of the Bank maintained since 1979-80
and 2019-20. The entire claim made by the petitioner
alleging that excess amount was collected while extending
Pension Regulations, 2018 appears to be misconceived
and is an after thought. Interestingly, this petition is
filed in the month of February, 2023. The records reveal
that the petitioner was relieved from service having
attained age of superannuation on 31.01.2020. The
petitioner having opted for the pension scheme and
having received monthly pension for almost three years
has made a feeble attempt alleging that excess amount is
collected. The impugned endorsement would not warrant
any interference as the Bank was justified in declining to
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entertain representation dated 26.12.2022. Except bald
claim in the representation, the representation is not
supported by any documents to indicate that respondent
Nos.3 and 4 have collected excess amount towards
employees contribution. Therefore, I am not inclined to
grant any indulgence to the petitioner.
12. At this juncture, however, petitioner is
unable to furnish bank details and documents to
substantiate his claim. It is open for the petitioner to
submit a fresh representation along with all the relevant
documents. The order passed by this Court would not
come in the way of the petitioner as the impugned
endorsement clearly indicates that the respondents -
Bank while issuing endorsement is only insisting to furnish
the documents relating to the payment made by the Bank
while settling petitioner's service benefits.
With these above observations, the writ petition
stands disposed off.
Pending applications, if any, are also disposed off.
Two weeks' time is granted to the learned counsel
appearing for respondent No.7 to file vakalath in the
counter."
4. The afore-quoted judgment is followed by this Court
in Writ Petition No.104824 of 2024, disposed on 10th February
2025, wherein the petition was rejected on the same lines.
5. Learned counsel appearing for the respondent now
submits that the petitioner and the like have called the said
order in question before the Division Bench, and the Division
Bench is seized of the matter. However, no interim order of stay
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has been granted to the order passed by the learned Single
Judge.
6. In that light, the petitions stand disposed on the
same lines.
Sd/-
(M.NAGAPRASANNA)
JUDGE
VNP/CT-ASC
