H P Prakash Vs Chief Secretary Government of… — Writ and Judicial Review | Karnataka HC (2026)

H P Prakash Vs Chief Secretary Government of… — Writ and Judicial Review | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Liberty to the petitioner to submit a fresh representation to respondent Nos.5 and 6; respondent Nos.5 and 6 directed to consider the representation along with relevant documents and pass an appropriate order in accordance with law within 15 days of receipt.

Issue for consideration

Whether the petitioner was entitled to a direction to respondents 1 to 4 to encash EL benefit amounts of Rs.24,655/-, Rs.25,260/- and Rs.4,82,035/- with interest at 18 percent p.a. and family benefit fund, and to re-fix pension considering 7th and 8th pay stagnation increments. (Raised in the prayer; not adjudicated, petition withdrawn.)

Ratio / Principle

The writ petition is dismissed as withdrawn, with liberty to the petitioner to submit a fresh representation to respondent Nos.5 and 6.

Key takeaways

If the petitioner submits a fresh representation along with relevant documents, respondent Nos.5 and 6 are directed to consider the representation and pass an appropriate order in accordance with the law within 15 days from the date of receipt of the copy of the representation.ratio¶52

Detailed headnote1 paragraphs

Writ Petition (S-R) under Articles 226 and 227 of the Constitution of India by a retired SDA of ARG College of Arts and Commerce, Davanagere, seeking a direction to respondents 1 to 4 to encash EL benefit amounts of Rs.24,655/-, Rs.25,260/- and Rs.4,82,035/- with interest at 18 percent p.a., and to re-fix pension considering 7th and 8th pay stagnation increments. After arguing the matter for some time, learned counsel for the petitioner sought leave to withdraw the writ petition with liberty to submit a fresh representation to respondent Nos.5 and 6 (Bapuji Educational Institution and the Principal, ARG College). Held: writ petition dismissed as withdrawn with the aforesaid liberty; respondent Nos.5 and 6 directed to consider the fresh representation along with relevant documents and pass an appropriate order in accordance with law within 15 days of receipt of the copy of the representation. No adjudication on merits.

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NC: 2026:KHC:34653 WP No. 18038 of 2022

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 8^TH DAY OF JULY, 2026

BEFORE

THE HON'BLE MR. JUSTICE ASHOK S.KINAGI

WRIT PETITION NO. 18038 OF 2022 (S-R)

BETWEEN:

H P PRAKASH S/O H C PARVATACHARI AGED ABOUT 63 YEARS,

RETIRED SDA

ARG COLLEGE ARTS AND COMMERCE COLLEGE DAVANAGERE -577004

Digitally signed by SHILPABAI S Location: HIGH COURT OF KARNATAKA

R/O D NO.743/1

KALPAVRUKSHA 10^TH MAIN ROAD P J EXTENSION DAVANAGERE -577002

…PETITIONER

(BY SRI. REVANNA BELLARY.,ADVOCATE)

AND:

CHIEF SECRETARY

GOVERNMENT OF KARNATAKA

2 - NC: 2026:KHC:34653 WP No. 18038 of 2022

HC-KAR

VIDHANA SOUDHA

BENGALURU -560001

UNDER SECRETARY

EDUCATION DEPARTMENT GOVERNMENT OF KARNATAKA

VIDHANA SOUDHA BENGALURU -560001

COMMISSIONER COLLEGIATE EDUCATION MALLESHWARAM

BENGALURU -560009

JOINT DIRECTOR

OFFICE OF THE JOINT DIRECTOR OF REGIONAL

SHIVAMOGGA -577203

HONARARY SECRETARY

BAPUJI EDUCATIONAL INSTITUTION AVK ROAD

DAVANAGERE -577002

PRINCIPAL

ARG COLLEGE OF ARTS AND COMMERCE

DAVANAGERE -577004

…RESPONDENTS

(BY SRI. PRINCE ISAC, AGA FOR R1 TO R4 (MA NOT FILED) SRI. CHIDAMBARA G S, ADVOCATE FOR R5 & R6)

3 - NC: 2026:KHC:34653 WP No. 18038 of 2022

HC-KAR

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT R-1 TO 4 TO ENCASH EL BENEFIT AMOUNTS OF RS.24,655/-, RS.25,260/- AND RS.4,82,035/- WITH INTEREST AT 18 PERCENT P.A. THEREON ABOVE AMOUNTS AND FAMILY BENEFIT FUND DUE FROM 01.12.2016 AND RE-FIX THE PENSION CONSIDERING 7^TH AND 8^TH PAY STAGNATION INCREMENTS SALARIES TO THE VIDE GOVERNMENT ORDER EAR F DATED 1.12.2016 BEARING NO. PRAKASHI KASHI E 347/ GARANA/2016-17 VIDE ANNEXURE-F SALARY CERTIFICATE AT ANNEXURE G AND GO ORDER DATED 12.05.2022 VIDE ANNEXURE L BEARING NO. ED 33 UPC 2022.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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

ORAL ORDER

After arguing the matter for some time, learned counsel for the petitioner seeks leave of this Court to withdraw the writ petition with liberty to submit a fresh representation to respondent Nos.5 and 6.

The memo is placed on record.

4 - NC: 2026:KHC:34653 WP No. 18038 of 2022

HC-KAR

Accordingly, the writ petition is dismissed as withdrawn with the aforesaid liberty.

If the petitioner submits a fresh representation along with relevant documents, respondent Nos.5 and 6 are directed to consider the representation and pass an appropriate order in accordance with the law within a period of 15 days from the date of the receipt of the copy of the representation.

Sd/(ASHOK S.KINAGI) JUDGE

SSB