G K Nagaraja Rao v. The State of Karnataka

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 2946 OF 2026 (S-RES) BETWEEN:

¶1G K NAGARAJA RAO S/O LATE VENAKATA RAO AGED ABOUT 72 YEARS RETIRED SHIRASTEDAR (JUDICIAL) R/AT GUTTIDURGA VILLAGE, JAGALUR TALUK DAVANAGERE DISTRICT-577553.

¶2C V RAJACHAR S/O LATE C. V. GUNDACHAR AGED ABOUT 72 YEARS RETIRED CHIEF ADMINISTRATIVE OFFICER (JUDICIAL) R/AT NO. 40, NEAR SANDHYA DEEPA VINAYAKA LAY-OUT, UTTARAHALLI SUBRAMANYA PURA POST BANGALORE-560061. …PETITIONERS (BY SRI. JAGAN MOHAN M T., ADVOCATE) AND:

¶1THE STATE OF KARNATAKA REP. BY CHIEF SECRETARY VIDHANA SOUDHA BANGALORE - 560001.

¶2THE STATE OF KARNATAKA REP. BY UNDER SECRETARY LAW JUDICIARY AND HUMAN RIGHTS DEPARTMENT VIKASA SOUDHA, BENGALORE-560001.

Location: HIGH COURTOF KARNATAKA NC:(2026:KHC:9823( WP(No.(2946(of(2026( ( , ,,HC-KAR( ( (

3., THE,ACCOUNTANT,GENERAL,(A,AND,E), PB,NO,5329/5369,,ANNEXE,BUILDING,, PARK,HOUSE,ROAD,, BENGALORE,–,560001., ,

4., THE,DISTRICT,TREASURORY,OFFICER, DEPARTMENT,OF,TREASURORY,, DISTRICT,ADMINISTRATIVE,BUILDING,, HADADI,ROAD,,DAVANAGERE,–,577221., ,

5., THE,DISTRICT,TREASURORY,OFFICER, DEPARTMENT,OF,TREASURORY,, , DISTRICT,ADMINISTRATIVE,BUILDING,, NEAR,ONAKE,OBBAVA,CIRCLE,, CHITRADURGA-577501., ,

6., THE,DEPUTY,DIRECTOR, OFFICE,OF,THE,DEPUTY,DIRECTOR,, STATE,PENSION,AND,TREASURY,ADMINISTRATION, PODIUM,BLOCK,V.V.,TOWER,, DR.,B.R.AMBEDKAR,ROAD, BANGALORE,-,560001, …RESPONDENTS, (BY,SRI.SPOORTHY,HEGDE,N,,HCGP,FOR,RESPONDENTS), , THIS, WRIT, PETITION, , IS, FILED, UNDER, ARTICLES, 226, AND,227,OF,THE,CONSTITUTION,OF,INDIA,PRAYING,TO-ISSUE, A,WRIT,OF,MANDAMUS,BY,DIRECTING,THE,RESPONDENTS,TO, CONSIDER, THE, REPRESENTATION, DATED:, 30.10.2025, VIDE, ANNEXURE-C, GIVEN, BY, PETITIONER, NO.1, AND, REPRESENTATION, DATED, 31/10/2025, GIVEN, BY, PETITIONER, NO., 2, VIDE, ANNEXURE-E, REGARDING, THEIR, RECOVERY, OF, PORTION,OF,COMMUTATION,OF,PENSION,AND,ETC., , THIS, PETITION,, COMING, ON, FOR, PRELIMINARY, HEARING,,THIS,DAY,,ORDER,WAS,MADE,THEREIN,AS,UNDER:, CORAM:, HON'BLE,MR.,JUSTICE,H.T.,NARENDRA,PRASAD, , (

ORAL ORDER

¶1The learned High Court Government Pleader is directed to take notice for the respondents.

¶2In this writ petition, the petitioners have sought the following relief/s: "a). ISSUE A WRIT of Mandamus by directing the Respondents to consider the representation dated 30/10/2025 vide ANNEXURE-C given by Petiitoner and representation dated 31/10/2025 given by Petiitoner No. 2 vide ANNEXURE-E regarding their recovery of portion of Commutation of Pension.

b). Grant such other relief as this hon'ble High court deems fit to grant under facts and circumstances of the case including cost of this Writ Petition in the interest of justice."

¶3Brief facts of the case of the petitioners are as under: Petitioner No.1 was working in Judicial Department at various places and lastly retired from service on 28.02.2013 as a Sheristedar at Hosadurga in Chitradurga District, after attaining age of

superannuation. The pension of petitioner No.1 was fixed at Rs.10,006/- per month with admissible Dearness Allowance from time to time. Petitioner No.1 submits that a sum of Rs.3,665/- per month has been recovered from his pension towards commuted pension with effect from 01.03.2013, i.e., from the date of commencement of pension, up to 31.03.2028, for a total period of 15 years. It is submitted that an amount of Rs.5,20,430/- has been recovered from Petitioner No.1 for a period of 11 years and 10 months. However, petitioner No.1 has received only Rs.4,31,444/- towards commuted pension. Thus, an excess amount of Rs.88,986/- has been recovered from Petitioner No.1. Petitioner No.1 submitted a representation along with detailed calculations relating to commutation of pension to respondents on

30.10.2025, vide Annexure-C, requesting them to stop further recovery of the commuted pension amount.

Similarly, petitioner No.2 was also working in the Judicial Department at various places and lastly retired from service on 30.09.2012 as Chief Administrative Officer in the office of the Principal District and Sessions Judge at Hassan, after attaining the age of superannuation. The pension of Petitioner No.2 was fixed at Rs.18,150/- per month with admissible Dearness Allowance from time to time. Petitioner No.2 submits that a sum of Rs.6,500/- per month has been recovered from his pension towards commuted pension with effect from 09.01.2013, i.e., from the date of commencement of pension, up to 09.01.2028, for a total period of 15 years. It is submitted that an amount of Rs.9,31,950/- has been recovered from Petitioner No.2 for a period of 12 years and 1 month. However, petitioner No.2 has received only Rs.7,65,180/- towards commuted pension. Thus, an excess amount of Rs.1,66,070/- has been recovered from petitioner No.2.

Petitioner No.2 also submitted a representation along with detailed calculations relating to commutation of pension to respondents on

31.10.2025, vide Annexure-E, requesting them to stop further recovery of the commuted pension amount. However, the respondents have not taken any steps to consider the representations dated 30.10.2025 and

31.10.2025 submitted by the petitioners, vide Annexure-C and Annexure-E, respectively. Despite the same, the respondents are continuing/proposing to recover the amounts from the petitioners' pension. Hence, the petitioners are before this Court.

¶4Since representations submitted by petitioners have not been considered, it is suffice for this Court to direct the respondents to consider the said representations within a reasonable time.

¶5In view of the above, the following order is passed: ORDER a) The petition is disposed of. b) The respondents are directed to consider the representations dated 30.10.2025 and 31.10.2025 vide Annexure-C and Annexure-E, respectively, in accordance with law, as expeditiously as possible, not later than eight weeks from the date of receipt of a copy of this order. c) Needless to state, until such representations are considered and appropriate orders are passed, no recovery shall be made from petitioners' pensions.

Sd/- (H.T. NARENDRA PRASAD) JUDGE

HA LIST NO.: 1 SL NO.: 6