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Karnataka High Court
Sri Shivasharanappa vs The State Of Karnataka on 9 March, 2026
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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WP No. 201117 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 9TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
WRIT PETITION NO. 201117 OF 2026 (S-R)
BETWEEN:
SRI SHIVASHARANAPPA
S/O SIDRAMAPPA KUMBAR,
AGED ABOUT 70 YEARS 8 MONTHS
SENIOR CITIZEN,
ADHAAR NO. 5459 3992 2294,
OCC: RETIRED RESERVE SUB INSPECTOR,
PRESENTLY R/A NO.22-49,
MAHATMA GANDHI TANGUDANA
SWARGATE NAGAR, TAJ SULTANPUR
KALABURAGI KARNATAKA-585104.
...PETITIONER
Digitally signed by
NIJAMUDDIN
JAMKHANDI (BY SRI. BIRADAR SHARANAPPA SHANKAREPPA,
Location: HIGH
COURT OF
ADVOCATE THROUGH (VC))
KARNATAKA
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 HOME AFFAIRS,
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WP No. 201117 of 2026
HC-KAR
M S BUILDING, BENGALURU-560001.
3. THE PRINCIPAL ACCOUNTANT
GENERAL (A AND E),
KARNATAKA PARK HOUSE ROAD,
BENGALURU-560001.
4. THE COMMANDANT
RESERVE POLICE
KSRP, 6TH BATTALLION
KALABURAGI CITY-585102.
5. THE DEPUTY DIRECTOR
DEPARTMENT OF TREASURIES
DISTRICT TREASURY OFFICE
KALABURAGI-585102.
...RESPONDENTS
(BY SRI VIRANAGOUDA M. BIRADAR, AGA FOR R1 TO R2 AND
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
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 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 COMMUNICATION 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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WP No. 201117 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 is before this Court in this writ
petition filed under Articles 226 & 227 of the Constitution of
India, 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
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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
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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 commutation
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amount, such excess amount shall be refunded to
the petitioner, forthwith.
Sd/-
(S.VISHWAJITH SHETTY)
JUDGE
Svh/-
List No.: 1 Sl No.: 14
CT:PK
