IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 20^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 105257 OF 2025 (S-RES)

BETWEEN:

SHRI. JILANI HAVALDAR S/O. IMAMSAB HAVALDAR, AGE: 70 YRS, OCC: RETIRED R/O: 2021 SIDDHARTHA COLONY, 3^RD CROSS, OPP NEW BUS STAND, DHARWAD 580 008, KARNATAKA.

…PETITIONER (BY SRI. SHIVARAJ S. BALLOLI, ADVOCATE)

AND:

1. STATE BANK OF INDIA, VIDHAN BHAVAN MARG, MADAM CAMA ROAD, NARIMAN POINT, MUMBAI, MAHARASHTRA - 400 021, Digitally signed by VISHAL NINGAPPA RPT. BY ITS MANAGING DIRETOR.

PATTIHAL Location: High Court of Karnataka, 2. STATE BANK OF INDIA, Dharwad Bench, Dharwad LOCAL HEAD OFFICE, ST. MARKS ROAN, BENALURU - 560 001, REPT BY ITS CHIEF GENERAL MANAGER.

3. STATE BANK OF INDIA, HUMAN RESOURCED DEPT., LOCAL HEAD OFFICE, ST. MARKS ROAD, BANGALORE - 560 001.

RPTD. BY ITS DEPUTY GENERAL MANGER HRD.

4. STATE BANK OF INDIA, HIREKERUR BRANCH, TQ: HIREKERUR, DIST: HAVERI 581 111, REPT. BY ITS CHIEF MANAGER.

5. STATE BANK OF INDIA, DHARWAD MAIN BRANCH, COLLEGE ROAD, TQ AND DIST DHARWAD - 580 008, REPT. BY ITS CHIEF MANAGER.

…RESPONDENTS (BY SRI. K.L.PATIL, ADVOCATE FOR R1 TO R5)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND

227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT CERTIORARI QUASHING THE LETTERS DATED 28/03/2014, 04/04/2014, AND 28/04/2014 PASSED BY RESPONDENT NO.5 VIDE ANNEXURE-Q, ANNEXURE-R, AND ANNEXURE-S. ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO PAY THE PETITIONER HIS UNPAID LEGITIMATE PROVIDENT FUND AMOUNT OF RS.5,56,408/- ALONG WITH INTEREST AT 12% PER ANNUM AND DAMAGES AS CLAIMED BY THE PETITIONER IN HIS REPRESENTATIONS DATED 08/01/2025 VIDE ANNEXURE - V TO MEET THE ENDS OF JUSTICE AND EQUITY AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)

1. The petitioner is before this Court seeking the following reliefs:

A. Issue a Writ Certiorari quashing the letters dated

28/03/2014, 04/04/2014, and 28/04/2014 passed by Respondent no.5 vide Annexure-Q, Annexure-R, and Annexure-S.

B. Issue a Writ of Mandamus directing the Respondents to pay the Petitioner his unpaid legitimate Provident fund amount of Rs.5,56,408/- along with interest at 12% per annum and damages as claimed by the Petitioner in his representations dated 08/01/2025 vide Annexure - V to meet the ends of justice and equity.

C. Pass any such other orders as deemed fit by this Hon’ble court to meet the ends of justice and equity.

2. Heard the learned counsel Sri.Shivaraj Ballolli, appearing for petitioner and learned counsel Sri.K.L.Patil, appearing for respondents No.1 to 5.

3. Facts in brief germane are as follows:

The petitioner joined the services of the respondent-Bank as a clerk. After about 28 years of service, owing to certain omissions and commissions, the petitioner came to be dismissed from service. The dismissal was challenged before this Court and this Court modified the order of dismissal to one of compulsory retirement. The said modification made by the learned Single Judge is tossed before the Division Bench and the Division Bench is seized the matter.

4. The issue in the lis does not pertain to the merit of the petitioner’s dismissal or otherwise. The issue concerns provident fund amount. The records reveal that the petitioner's provident fund both his contribution and the management's contribution was received by the Bank from the hands of the Provident fund authorities on 01.10.2009 and that the petitioner, owing to certain circumstances, thereafter accepted or gave his consent for the provident fund amount, including both contributions, to be adjusted towards the housing loan.

5. The learned counsel Sri.Shivaraj Balloli submits that prior to the adjustment of the provident fund amount towards the housing loan, a sum of ₹2,00,000/- had been adjusted towards the petitioner’s overdraft account, which, according to the learned counsel was done without th