Dismissed¶¶45

Sri. B.N. Vasu, v. the State of Karnataka

Karnataka HC7 Jan 2026WP/26752/2023

Case brief

AI extract

What is this about?

Maintainability of writ petition under Articles 226/227 against KSAT order favourable to petitioner; pensionary benefits withheld due to pending departmental enquiry declared abandoned (show cause notice dated 21.06.2008); interest at 8% p.a. from retirement 31.05.2017; contempt CCC No.1162/2022 withdrawn with liberty to approach appropriate forum; WP No. 26752 of 2023 (S-KSAT) rejected; Karnataka HC Bengaluru; S.G. Pandit and K.V. Aravind JJ.; Mysuru; Grama Panchayath Secretary pension.

What did the court decide?

No substantive relief; petition rejected with liberty to the petitioner to approach the appropriate forum. ¶¶45

Sri. B.N. Vasu, Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2026)

What the court decided

AI extract

Outcome

No substantive relief; petition rejected with liberty to the petitioner to approach the appropriate forum.

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Issue for consideration

Whether the writ petition is maintainable where the petitioner, having withdrawn contempt proceedings with liberty to approach the appropriate forum, seeks to invoke Articles 226/227 against a Tribunal order passed in his own favour directing settlement of pensionary benefits with interest.

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Court's answer

The writ petition is not maintainable; the petitioner cannot be an aggrieved person to challenge the Annexure-A order dated 06.08.2021 of the Tribunal, since the order is in his favour and directs settlement of his pensionary benefits with 8% p.a. interest from the date of retirement till payment.

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Ratio / Principle

In the above circumstances, the writ petition stands rejected, with liberty to the petitioner to approach the appropriate forum.

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Detailed headnote1 paragraphs

Karnataka HC (Division Bench: S.G. Pandit and K.V. Aravind, JJ.; order per S.G. Pandit, J.) rejected a writ petition under Articles 226 and 227 of the Constitution filed by a retired Grama Panchayath Secretary Grade-II seeking settlement of pensionary benefits in terms of the KSAT, Bangalore order dated 06.08.2021 in Applications No.6674 & 7035/2019 (Annexure-A). The Tribunal had allowed the applications in part, declared the departmental enquiry initiated by show cause notice dated 21.06.2008 with Articles of Charge as abandoned, and directed settlement of pensionary benefits with interest at 8% p.a. from retirement (31.05.2017) till payment, with four months for compliance. After withdrawing contempt proceedings CCC No.1162/2022 with liberty to approach the appropriate forum, the petitioner filed the present writ petition instead. Held: the petitioner cannot be an aggrieved person to challenge an order passed in his favour; the writ petition is not maintainable and stands rejected with liberty to approach the appropriate forum.

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NC: 2026:KHC:813-DB WP No. 26752 of 2023

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7^TH DAY OF JANUARY, 2026

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PRESENT

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THE HON'BLE MR. JUSTICE S.G.PANDIT

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AND

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THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO. 26752 OF 2023 (S-KSAT)

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BETWEEN:

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SRI. B.N. VASU, S/O SRI LINGAIAH AGED ABOUT 66 YEARS RETIRED GRAMA PANCHAYATH SECRETARY GRADE-II TALUK PANCHAYATH H D KOTE, MYSURU DISTIRCT R/AT ARALIMARADA KOOPALU BETTADAPURA HOBLI PERIYAPATNA TALUK MYSURU DISTRICT - 571 102.

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…PETITIONER

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Digitally signed by NANJUNDACHARI Location: HIGH COURT OF KARNATAKA

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(BY SRI. PATTABI C., ADV. -ABSENT)

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AND:

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THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY SHRI ANJUM PARWEZ DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYATH RAJ M S BUILDING, 3^RD FLOOR, 3^RD GATE BENGALURU – 560001.

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THE CHIEF EXECUTIVE OFFICER REP. BY SMT. POORNIMA B R

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2 - NC: 2026:KHC:813-DB WP No. 26752 of 2023

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HC-KAR

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ZILLA PANCHAYATH, MYSURU DISTIRCT MYSURU – 570001.

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…RESPONDENTS

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(BY SRI. V SHIVAREDDY, AGA)

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THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT TO SETTLE THE PENSIONARY BENEFITS ACCORDING TO THE ORDER PASSED BY THE LEARNED TRIBUNAL IN APPLICATION NO.6674 & 7035/2019 DATED 06.08.2021 AS PER ANNEXURE-A AND PASS SUCH OTHER ORDER OR DIRECTIONS THAT THIS HONOURABLE COURT DEEMS FIT UNDER THE CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY.

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

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CORAM: HON'BLE MR. JUSTICE S.G.PANDIT AND HON'BLE MR. JUSTICE K. V. ARAVIND

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ORAL ORDER

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(PER: HON'BLE MR. JUSTICE S.G.PANDIT)

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There is no representation for the petitioner in the

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morning as well as in the afternoon.

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Heard learned AGA for respondents.

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3 - NC: 2026:KHC:813-DB WP No. 26752 of 2023

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HC-KAR

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It is seen from the petition averments that the petitioner is before this Court under Article 226 of the Constitution of India, praying for a writ of mandamus, directing the respondents to settle the pensionary benefits in terms of the order dated 06.008.2021 in Applications No.6674 and 7035 of 2019 passed by the Karnataka State Administrative Tribunal, Bangalore (for short “Tribunal”) at Annexure-A.

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Petitioner was before the Tribunal in the above stated applications and the said applications were allowed in the following terms:

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“Hence, applications are allowed in part. The enquiry proceedings initiate as against the applicant by issuance of the show cause notice dated 21.06.2008 accompanied by the Articles of Charge is hereby declared as abandoned by the respondent authorities. The respondent authorities shall unnecessarily withheld the pensionary benefits of the applicant for the prolonged period only on account of pendency of the departmental enquiry proceedings. Therefore, the respondents have to settle the pensionary benefits of the applicant to

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4 - NC: 2026:KHC:813-DB WP No. 26752 of 2023

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HC-KAR

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which he is legally entitled along with interest at 8% p.a. from the date of retirement of the applicant i.e., 31.05.2017, till the payment of the same to the applicant. Time for compliance is four months from the date of receipt of copy of this order.”

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The order passed by the Tribunal is in favour of the petitioner. Against the said order, the petitioner filed contempt proceedings in CCC No.1162/2022 before this Court. This Court, by order dated 22.08.2023 permitted the complainant i.e., petitioner herein to withdraw the contempt petition, with liberty to approach appropriate forum in accordance with law. The petitioner instead of approaching the appropriate Forum has filed the present writ petition, which is not maintainable. The petitioner cannot be an aggrieved person to challenge Annexure-A order dated 06.08.2021 in Applications No.6674 & 7032/2019 before this Court. In fact, the order of the Tribunal is in favour of the petitioner wherein direction is issued to settle the pensionary benefits of the petitioner

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NC: 2026:KHC:813-DB WP No. 26752 of 2023

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HC-KAR

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with interest at the rate of 8% p.a. from the date of

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retirement till payment of the same.

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