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Karnataka High Court
Sri Ningappa vs The State Of Karnataka on 9 March, 2026
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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NC: 2026:KHC-K:2225
WP No. 201121 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. 201121 OF 2026 (S-R)
BETWEEN:
SRI NINGAPPA S/O BAILAPPA HEROOR,
AGED ABOUT 71 YEARS, SENIOR CITIZEN
ADHAAR NO. 6795 5100 4305,
OCC: RETIRED DEPUTY COMMANDANT,
PRESENTLY R/A NO 164A, NEAR HANUMAN TEMPLE,
BIDDAPUR COLONY,
KALABURAGI KARNATAKA-585103.
...PETITIONER
(BY SRI. BIRADAR SHARANAPPA SHANKAREPPA,
ADVOCATE THROUGH (VC))
Digitally signed by
NIJAMUDDIN
JAMKHANDI 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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WP No. 201121 of 2026
HC-KAR
3. THE PRINCIPAL ACCOUNTANT GENERAL (A AND E)
KARNATAKA PARK HOUSE ROAD,
BENGALURU-560001.
4. THE DIRECTOR GENERAL
AND INSPECTOR GENERAL OF POLICE,
NRUPATUNGA ROAD, BENGALURU-560001.
5. THE DEPUTY DIRECTOR
DEPARTMENT OF TREASURIES
DISTRICT TREASURY OFFICE,
KALABURAGI-585401.
...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, 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.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
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WP No. 201121 of 2026
HC-KAR
ORAL ORDER
1. The petitioner 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
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
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HC-KAR
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
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
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HC-KAR
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
amount, such excess amount shall be refunded to
the petitioner, forthwith.
Sd/-
(S.VISHWAJITH SHETTY)
JUDGE
Svh/-
List No.: 1 Sl No.: 15
CT:PK
