[Cites 2, Cited by 0]
Karnataka High Court
Sri Ishwar vs The State Of Karnataka on 17 March, 2026
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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WP No. 201145 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 17TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
WRIT PETITION NO. 201145 OF 2026 (S-R)
BETWEEN:
SRI ISHWAR
S/O SHIVALINGAPPA BADAGI,
AGED ABOUT 71 YEARS 8 MONTHS
SENIOR CITIZEN,
ADHAAR NO. 3209 4701 4383
OCC: RETIRED ASSISTANT DIRECTOR,
PRESENTLY R/A MIG-106, KHB COLONY,
OLD JEWARGI ROAD,
KALABURAGI, KARNATAKA-585102
...PETITIONER
[BY SRI BIRADAR SHARANAPPA SHANKAREPPA,
Digitally signed
by SWETA ADVOCATE THROUGH (VC)]
KULKARNI
Location: HIGH AND:
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 AGRICULTURE,
M. S. BUILDING, BENGALURU-560001.
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WP No. 201145 of 2026
HC-KAR
3. THE PRINCIPAL ACCOUNTANT GENERAL
(A AND E) KARANTAKA PARK HOUSE ROAD,
BENGALURU-560001.
4. THE COMMISSIONER OF AGRICULTURE,
SHESHADRI ROAD,
BENGALURU-560001.
5. THE DEPUTY DIRECTOR,
DEPARTMENT OF TREASURIES
DISTRICT TREASURY OFFICE
KALABURAGI-585102.
...RESPONDENTS
(BY SRI VIRANAGOUDA M. BIRADAR, AGA FOR R1, R2, R4
AND 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 COURT DEEMS FIT.
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WP No. 201145 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
This writ petition is filed under Articles 226 and 227 of
the Constitution of India 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
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 court
deems fit."
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 his 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
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pension every month. According to the petitioner, the
respondents have 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 respondents have 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
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petitioner to submit appropriate representation to the
competent authority to stop the monthly recovery from his
pension towards commutation amount paid to him 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
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excess amount from the petitioner towards
commutation amount, such excess amount shall
be refunded to the petitioner, forthwith.
Sd/-
(S.VISHWAJITH SHETTY)
JUDGE
SWK
List No.: 1 Sl No.: 18
CT:PK
