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NC: 2026:KHC:12304

WP No. 6649 of 2026

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 27^TH DAY OF FEBRUARY, 2026

BEFORE

THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD

WRIT PETITION NO. 6649 OF 2026 (S-RES)

BETWEEN:

B. SHANKAREGOWDA

S/O LATE BOREGOWDA

AGED ABOUT 71 YEARS

RETIRED ASSISTANT MASTER

R/AT NO.1765 BEHIND TELEPHONE EXCHANGE

POST OFFICE ROAD, HEBBAL 2^NDSTAGE

MYSORE-570017.

…PETITIONER

(BY SRI. SHARATH S GOWDA., ADVOCATE)

AND:

1. STATE OF KARNATAKA

DEPARTMENT OF PERSONNEL

AND ADMINISTRATIVE REFORMS

REP. BY ITS PRINCIPAL SECRETARY

VIDHANA SOUDHA BANGALORE-560001.

Digitally signed by

DHANALAKSHMI

2. STATE OF KARNATAKA

MURTHY

DEPARTMENT OF SCHOOL EDUCATION AND LITERACY

Location: HI GH

COURTOF REP. BY ITS PRINCIPAL SECRETARY

KARNATAKA M.S. BUILDING, BANGALORE-560001.

3. ACCOUNT GENERAL (A AND D) KARNATAKA

PRINCIPAL ACCOUNTANT GENERAL OFFICE

PARK HOUSE ROAD, BANGALORE- 560001.

…RESPONDENTS

(BY SRI.SPOORTHY HEGDE N, HCGP FOR R1 & R2)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226

AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO

ISSUE WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER

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APPROPRIATE WRIT DIRECTING THE RESPONDENT

AUTHORITIES TO TREAT THE PERIOD OF 15 YEARS AS 10

YEARS 8 MONTHS FOR THE PURPOSE OF RECOVERY OF THE

COMMUTED VALUE OF PENSION, BY CONSIDERING THE

REPRESENTATION GIVEN BY THE PETITIONER VIDE

ANNEXURE-E DATED: 29/01/26.

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

1. This writ petition is filed under Articles 226 & 227 of

the Constitution of India, seeking the following relief/s:

“a. Issue Writ in the nature of Mandamus or

any other appropriate Writ directing the

Respondent authorities to treat the period of 15

years as 10 years 8 months for the purpose of

recovery of the commuted value of pension, by

considering the representation given by the

Petitioner vide Annexure-E dated:29/01/26

b. Issue writ in the nature of Mandamus

directing 3rd Respondent to not deduct any

amount towards recovery of commuted pension

as Petitioner has already completed 10 years 8

months subsequent to his retirement.

c. Grant such other reliefs that this Hon'ble

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Court may deem fit in the fact and

circumstances of the matter.”

2. The learned counsel appearing for the petitioner

submits that, the petitioner is venting out his grievance

after his retirement and submitted a representation

seeking release of commuted value of pension along with

the regular pension. Since the said representation was not

considered, the petitioner is before this Court.

3. He further contended that, in identical circumstances,

a Co-ordinate Bench of this Court, in W.P.No.107063/2025

disposed of on 24.09.2025 has held as follows:

“1. The Petitioner is before this Court

seeking for the following reliefs: a. Issue a writ of

mandamus order or direction directing the 3rd

respondent to stop recovery of the commuted value

of pension beyond 12 years. Or In the alternative

direct the R3 to release the additional commuted

value of pension by calculating the 1/3^rd commuted

value of pension for a period of 15 years and to pay

the arrears of commuted value of pension together

with interest at 12% per annum from the date on

which they were granted the commuted value of

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pension; and b. To consider the representation

submitted by the petitioner dated 22.11.2024 (vide

Annexure-E) in accordance with law, within a time

frame specified by this Hon’ble Court. c. To pass

such other order as this Hon’ble Tribunal deems fit in

the facts and circumstances of the case.

2. The respondents proposing to recover the

commuted value of pension beyond 12 years, the

petitioner submitted the representation on

22.11.2024 at Annexure-E. The said representation

has still not been considered but the respondents are

proposing to recover the amount. It is in that

background that the petition