Kapinipathi Vs State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

Kapinipathi Vs State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Writ petition allowed; respondents 1 and 2 to re-compute pension as per order dated 05.01.2011 in W.P.No.11582 of 2007 counting service from 01.10.1967 till retirement on 31.07.2004, pay arrears to the legal representatives of the deceased petitioner as of the date of retirement with interest at 6% per annum, completing re-computation within 3 months; I.A.No.1 of 2025 disposed of as not surviving.

Issue for consideration

Whether the respondents are bound to re-fix the petitioner's pension by taking into consideration the qualifying services rendered to the fourth respondent from 01.10.1967 till retirement on 31.07.2004, and to pay arrears with interest, in compliance with the order dated 05.01.2011 in W.P.No.11582 of 2007.

Court's answer

The order passed in W.P.No.11582 of 2007 has attained finality; the respondents should have re-computed the pensionary benefit from the date of joining service, i.e., from 01.10.1967 till the date of retirement.

Ratio / Principle

The respondents' action in not re-computing the pensionary benefits from the date of entering into service is arbitrary and erroneous, and contrary to this Court's order in the earlier writ petition.

Key takeaways

Respondents directed to re-compute the pension as per the order dated 05.01.2011 in W.P.No.11582 of 2007, i.e., from 01.10.1967 till the date of retirement.ratio¶79
Arrears of pension to be paid to the legal representatives of the petitioner as of the date of his retirement.ratio¶81
Interest on the arrears of pension directed at 6% per annum (against 15% claimed in the petition).ratio

Detailed headnote1 paragraphs

Karnataka HC (Ashok S. Kinagi J.) allowed W.P. No. 3347 of 2019 (S-R): the legal representative of a deceased ex-peon of a grant-in-aid law college (CBR National College of Law, Shivamogga; fourth respondent National Education Society) sought re-fixation of pension counting qualifying service from 01.10.1967 (pre-grant-in-aid) to superannuation on 31.07.2004, in terms of the Co-ordinate bench order dated 05.01.2011 in W.P.No.11582 of 2007, which had attained finality. Held: the action of respondents 1 and 2 (State of Karnataka, Department of Higher Education; Director/Commissioner of Collegiate Education) in not re-computing the pensionary benefits from the date of entering into service was arbitrary and erroneous and contrary to this Court's order. Directed: re-computation within 3 months and payment of arrears to the legal representatives with interest at 6% per annum (15% had been claimed). Petitioner died during proceedings and his legal representatives were brought on record; I.A.No.1 of 2025 disposed of as not surviving.

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 8^TH DAY OF OCTOBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE ASHOK S.KINAGI

WRIT PETITION NO. 3347 OF 2019 (S-R)

BETWEEN:

KAPINIPATHI S/O LATE NANJUNDE GOWDA SINCE DEAD BY LEGAL REPRESENTATIVE

SMT. DHANALAKSHMI AGED ABOUT 63 YEARS W/O LATE KAPANIPATHI SRI. CHANNAKESHAVA NILAYA 3^RD MAIN, 2^ND CROSS SIDDESHWARANAGAR VIDYANAGAR POST SHIVAMOGGA DISTRICT - 577 201.

…PETITIONER

Digitally signed by SUNITHA K S (BY SRI. GURUPRASAD HEGDE, ADVOCATE FOR Location: SRI. S V PRAKASH, ADVOCATE) HIGH COURT OF KARNATAKA AND:

STATE OF KARNATAKA

BY ITS PRINCIPAL SECRETARY DEPARTMENT OF HIGHER EDUCATION M.S.BUILDING

BENGALURU - 560 001.

THE DIRECTOR / COMMISSIONER DEPARTMENT OF COLLEGIATE EDUCATION,

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PALACE ROAD BENGALURU - 560 009.

CBR NATIONAL COLLEGE OF LAW BALRAJ URS ROAD SHIVAMOGGA CITY - 577 201 REPRESENTED BY ITS PRINCIPAL

NATIONAL EDUCATION SOCIETY (R) BALRAJ URS ROAD SHIVAMOGGA CITY - 577 201 REPRESENTED BY ITS PRINCIPAL

…RESPONDENTS (BY SRI. B.J. ESHWARAPPA, AGA FOR R1 & R2. R3 & R4 ARE SERVED)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO COMMAND THE RESPONDENTS TO RE-FIX THE PENSION BY TAKING INTO CONSIDERATION THE QUALIFYING SERVICES HE RENDERED TO THE FOURTH RESPONDENT FROM 01.10.1967 TILL THE DATE OF RETIREMENT ON 31.07.2004 AND TO PAY HIM ARREARS OF PENSION PAYABLE TO HIM AS ON THE DATE OF HIS RETIREMENT WITH INTEREST AT THE RATE OF 15% TILL PAYMENT.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI

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ORAL ORDER

This writ petition is filed by the petitioner seeking the

following reliefs:

a) Issue a writ in the nature of mandamus commanding the respondents to re-fix the pension by taking into consideration the qualifying services he rendered to the fourth respondent from 01.10.1967 till the date of retirement on 31.07.2004 and to pay him arrears of pension payable to him as on the date of his retirement with interest at the rate of 15% till payment.

b) Issue any other appropriate writ or order or direction as this Hon'ble Court deems it appropriate in the admitted facts and circumstances of the case in the interest of justice;

c) Pass such other suitable orders as this Hon'ble Court deems it appropriate in the attendant circumstances and facts of the case; d) Award the cost of the proceedings.

It is the case of the petitioner that the

petitioner was appointed as peon by the fourth respondent

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on 01.10.1967 and posted him to work as such in the third respondent - college. The third respondent - college was admitted to grant-in-aid on 10.10.1991. The petitioner having attained the age of superannuation retired from service of third respondent college on 31.07.2004. On 16.05.2005, the petitioner got issued a legal notice calling upon the second respondent to settle his retirement benefits including the pension.

The respondent No.2 issued an endorsement declined to grant pension to the petitioner on the ground that the petitioner did not render minimum services of 15 years after the college admitted to grant-in-aid vide endorsement dated 08.09.2005. The petitioner aggrieved by the endorsement issued by the second respondent filed the writ petition in W.P.No.11582 of 2007 before this court. This Court vide order dated 05.01.2011 allowed the writ petition and directed the respondents to re-compute the pensionary benefit by considering the services

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rendered by the petitioner in the third respondent college

from 01.10.1967 till his retirement on 31.07.2004.

The respondents did not comply the order passed by the Co-ordinate bench in W.P.No.11582 of 2007. The petitioner initiated the contempt proceedings in CCC No. 333 of 2012 against the respondents. The second respondent submitted proposal to the Accountant General, Karnataka, Bengaluru requesting to pay the pensionary benefits to the petitioner as per the order passed in the aforesaid petition. The petitioner was intimated the grant of pensionary benefit. The petitioner having noticed that the re-computation of pensionary benefits by the respondents is not in accordance with the order passed by this Court in the aforesaid writ petition. Hence, the petitioner filed this writ petition.

Heard the learned counsel for the petitioner and learned Additional Government Advocate for the

respondents.

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The learned counsel for the petitioner submits

that this court in W.P.No.11582 of 2007 filed by the petitioner has directed respondents 1 and 2 to re-compute the pensionary benefits by taking into account the services of the petitioner from the date of entry into service i.e., 01.10.1967 till the date of retirement within 4 months from the date of receipt of copy of this order. After the disposal of the said writ petition, the petitioner submitted a representation to re-compute the pensionary benefits. Respondents 1 and 2 declined to re-compute the pensionary benefits. The respondents have not complied with the order passed by this Court. Hence, on these grounds, he prays to allow the writ petition.

Per contra , learned Additional Government Advocate supports the action of the respondents and contended that the respondents 1 and 2 have rightly computed the pensionary benefits. Hence, the petitioner is not entitled to re-compute the pensionary benefits with

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effect from the date of joining the service. Hence, on these

grounds, he prays to dismiss the writ petition.

Perused the records and considered the

submissions of the learned counsel for the parties.

There is no dispute regarding the appointment of the petitioner in the third respondent college as a peon in the year 1967, and he was superannuated in the year

The petitioner issued a legal notice to the respondents to compute the pensionary benefits with effect from the date of joining the service. The respondents 1 and 2 declined to consider the services rendered by the petitioner from the date of joining the service till the date of retirement. The petitioner aggrieved by the inaction on the part of the respondents in declining to compute the pensionary benefits from the date of joining service filed a writ petition before this Court in W.P. No.11582 of 2007.

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The Co-ordinate bench of this Court, vide order dated 05.01.2011 allowed the writ petition and passed endorsement vide Annexure-D dated 08.09.2005 and directed the respondents 1 and 2 to re-compute the pensionary benefits by taking into the account the services of the petitioner from the date of entering into services i.e., on 01.10.1969 till the date of retirement. The said order was not complied by respondents 1 and 2.

The petitioner filed the contempt proceedings in CCC No.333 of 2012. The second Respondent submitted a proposal to the Accountant General, Bengaluru, Karnataka, requesting to pay the pensionary benefits to the petitioner as per the order passed in the aforesaid writ petition. Respondents 1 and 2, despite direction issued by the Co-ordinate bench of this Court, did not comply the order passed by the Co-ordinate bench. The order passed in the aforesaid writ petition has attained a finality. The respondents should have re-computed the pensionary benefit from the date of joining service i.e., from

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01.10.1967 till the date of his retirement. The action of

the respondents in not re-computing the pensionary benefits from the date of entering into service is arbitrary and erroneous, and it is contrary to the order passed by this Court in the aforesaid writ petition. The petitioner died during the pendency of the writ petition, and his legal representatives were brought on record.

In view of the above discussion, I proceed to pass the following order:

ORDER

i. Writ petition is allowed .

ii. The respondents are directed to re-compute

the pension by taking into consideration as per the order dated 05.01.2011 passed in W.P.No.11582 of 2007 i.e., from 01.10.1967

till the date of retirement i.e., on 31.07.2004

and to pay the arrears of pension to legal representatives of the petitioner as of the

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date of his retirement with interest at the rate

of 6 % per annum.

iii. Respondents 1 and 2 are directed to

re-compute the pensionary benefits within 3 months from the date of receipt of copy of this order.

iv. In view of disposal of the petition, I.A.No.1 of

2025 does not survive for consideration. Accordingly, disposed of.

Sd/(ASHOK S.KINAGI) JUDGE

sks

List No.: 1 Sl No.: 6

Procedural history

How this case reached the court

AI extract

Order under challenge
Respondents' re-computation of the petitioner's pensionary benefits not in accordance with this Court's order in W.P.No.11582 of 2007 (failure to count service from 01.10.1967 till retirement), challenged via the present writ petition.¶48
Respondents 1 and 2 - State of Karnataka (Department of Higher Education) and Director/Commissioner, Department of Collegiate Education
Prior proceeding
As pleaded, the petitioner was appointed as peon by the fourth respondent.¶38
Prior proceeding
Posted to work in the third respondent college with effect from 01.10.1967; the college was admitted to grant-in-aid on 10.10.1991.¶42
Prior proceeding
Retired on superannuation from the third respondent college on 31.07.2004.¶42
Prior proceeding
Legal notice dated 16.05.2005 issued to the second respondent to settle retirement benefits including pension.¶42
Prior proceeding
Respondent No.2's endorsement dated 08.09.2005 declined pension on the ground that the petitioner did not render minimum services of 15 years after the college was admitted to grant-in-aid.¶43
Prior proceeding
Aggrieved by the endorsement, the petitioner filed W.P.No.11582 of 2007 before this Court; the Co-ordinate bench allowed it vide order dated 05.01.2011 and directed the respondents to re-compute the pensionary benefit considering his services.¶43
Prior proceeding
Services directed to be counted under the order dated 05.01.2011: those rendered in the third respondent college from 01.10.1967 till retirement on 31.07.2004.¶47
Prior proceeding
Respondents did not comply with the Co-ordinate bench order; the petitioner initiated contempt proceedings in CCC No. 333 of 2012.¶48
Prior proceeding
Second respondent submitted a proposal to the Accountant General, Karnataka, Bengaluru requesting payment of pensionary benefits as per the order in the earlier writ petition.¶48
Prior proceeding
Petitioner intimated grant of pensionary benefit.¶48
Prior proceeding
Finding the re-computation not in accordance with this Court's order in the earlier writ petition, the petitioner filed the present writ petition.¶48
Prior proceeding
Later recounting of the order dated 05.01.2011 prints the commencement date as 01.10.1969 (elsewhere 01.10.1967) for services from the date of entering into service till retirement.¶68
Prior proceeding
Petitioner died during the pendency of the writ petition; his legal representatives were brought on record.¶74