Allowed

Wilfred R D Souza v. State of Karnataka

Karnataka HC23 Jun 2026WP/36675/2018

Case brief

AI extract

What is this about?

Retired aided-college lecturers and a family pensioner challenged treasury communications reducing their UGC-revised pensions and ordering recovery of alleged excess arrears without notice. Holding that no hearing or enquiry was afforded before refixation, the High Court quashed the orders, directed reconsideration after personal hearing within two months, and ordered defreezing the family pension

What did the court decide?

Impugned orders quashed; respondents to reconsider with personal hearing within two months; bank directed to defreeze petitioner's account in W.P.54576/2018.

Wilfred R D Souza Vs State of Karnataka — Pension and Retirement Benefits | Karnataka HC (2026)

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NC: 2026:KHC:31182 WP No. 40059 of 2018 C/W WP No. 36675 of 2018 WP No. 47495 of 2018 HC-KAR WP No. 54576 of 2018

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 23^RD DAY OF JUNE, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE ASHOK S.KINAGI

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WRIT PETITION NO. 40059 OF 2018 (S-R)

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C/W

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WRIT PETITION NO. 36675 OF 2018 (S-RES)

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WRIT PETITION NO. 47495 OF 2018 (S-R)

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WRIT PETITION NO. 54576 OF 2018 (S-RES)

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IN WP No. 40059/2018

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BETWEEN:

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B DEENADASA SHETTY SINCE DECEASED BY HER LEGAL REPRESENTATIVES

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Digitally signed by KIRAN KUMAR R

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Location: HIGH COURT OF KARNATAKA

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1(A) SMT. GEETHA BALLAL W/O LATE SRI. B DEENADASA SHETTY AGED ABOUT 72 YEARS

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1(B) SHRAMADHA BALLAL D/O LATE SRI. B DEENADASA SHETTY AGED ABOUT 41 YEARS

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1(C) SRI. VIJITHASHWA BALLAL S/O LATE SRI. B DEENADASA SHETTY AGED ABOUT 38 YEARS

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ALL ARE R/AT NEAR APMC BUILDING POST AMBALPADY

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HC-KAR

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ADI UDUPI, UDUPI DISTRICT – 576 103

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…PETITIONERS

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(BY SRI. SUBRAMANYA BHAT M., ADVOCATE)

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AND:

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STATE OF KARNATAKA DEPARTMENT OF EDUCATION (COLLEGIATE EDUCATION)K M.S.BUILDING, BENGALURU-560001 REPRESENTED BY THE PRINCIPAL SECRETARY

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PRINCIPAL ACCOUNTANT GENERAL (A & E) KARNATAKA, P B NO.5329/5369, PARK HOUSE ROAD, BANGALORE-01

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DEPUTY DIRECTOR DISTRICT TREASURY UDUPI UDUPI DISTRICT – 576 103

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BRANCH MANAGER VIJAYA BANK, K M ROAD, UDUPI 576103

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PRINCIPAL MILAGRES COLLEGE KALLIANPURA , UDUPI DISTRICT, UDUPI 576114

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…RESPONDENTS

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(BY SRI. G. RAMESH NAIK, AGA FOR R1 TO R3 (MA NOT FILED) SRI. N. SUKUMAR JAIN, ADVOCATE FOR R4 R5 SERVED)

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HC-KAR

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS PERTAINING TO THE CASE OF THE PETITIONER QUASH THE COMMUNICATION DTD 18.5.2018 AND 26.6.2018 ISSUED BY THE R-3 TO THE R-4 [ANNEXURE-F AND J] AND THE COMMUNICATION DTD 8.6.2018 ISSUED BY THE R-4 TO THE PETITIONER [ANNEXURE-G] WITH AS THE SAME ARE ARBITRARY, ILLEGAL AND IRRATIONAL AND VIOLATIVE OF ARTICLES 14 AND 21 OF THE CONSTITUTION OF INDIA. DIRECT R-1 TO 4 TO RESTORE THE PENSION OF THE PETITIONER WHICH WAS BEING PAID TO HIM PRIOR TO THE IMPUGNED COMMUNICATION AND ALSO EXTEND THE REVISION OF PENSION, IF ANY IN THE INTEREST OF JUSTICE.

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IN WP NO. 36675/2018

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BETWEEN:

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WILFRED R D SOUZA SINCE DECEASED REP. BY HIS LEGAL REPRESENTATIVES

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1(A) MRS WINIFRED D’SOUZA W/O LATE WILFRED D’SOUZA AGED ABOUT 76 YEARS R/AT 1-61A, ‘WILSON’ JAI JAWAN ROAD, NEAR APMC UDUPI – 576 103

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1(B) MR. WILSON LAWRENCE D’SOUZA S/O LATE WILFRED D’SOUZA AGED ABOUT 50 YEARS R/AT 901, MANDAVI PARADISE VIDYARATNA NAGARA UDUPI – 576104

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HC-KAR

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1(C) MRS. WILMA BABITHA BOGREN D/O LATE WILFRED D’SOUZA AGED ABOUT 46 YEARS R/AT BUNKERVAGEN 12 DANDERYD, STOCKHOLM SWEDEN – 18257

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1(D) MR. WELWYN S D’SOUZA S/O LATE WILFRED D’SOUZA AGED ABOUT 35 YEARS R/AT No.1-61A, ‘WILSON’ JAI JAWAN ROAD, NEAR APMC UDUPI – 576 103

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...PETITIONERS

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(BY SRI. SUBRAMANYA BHAT M., ADVOCATE)

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AND:

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STATE OF KARNATAKA DEPARTMENT OF EDUCATION, (COLLEGIATE EDUCATION) M.S.BUILDING, BENGALURU-560001 REPRESENTED BY THE PRINCIPLE SECRETARY.

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PRINCIPAL ACCOUNTANT GENERAL (A & E) KARNATAKA P B NO.5329/5369, PARK HOUSE ROAD, BANGALORE-01

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DEPUTY DIRECTOR DISTRICT TREASURY UDUPI. UDUPI DISTRICT-576103

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BRANCH MANAGER SYNDICATE BANK, BAIDASHREE BUILDING, AMBALPADY, ADI UDUPI, UDUPI DISTRICT-576103

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PRINCIPAL MILAGRES COLLEGE,

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HC-KAR

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KALLIANPURA, UDUPI DISTRICT, UDUPI-576114

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...RESPONDENTS

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(BY SRI. G. RAMESH NAIK, AGA FOR R1 R2, R3 & R5 ARE SERVED SRI. M.R. SHASHIDHAR, ADVOCATE FOR R4)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS PERTAINING TO THE CASE OF THE PETITIONER QUASH THE COMMUNICATION BEARING No.JIKHAU/PINCHANI/17-18 DTD 16.5.2018 ISSUED BY THE R-3 TO THE R-4, A COPY OF THE SAME IS PRODUCED AS ANNEXURE-F, AS THE SAME IS ARBITRARY, ILLEGAL AND IRRATIONAL AND VIOLATIVE OF ARTICLE 14 AND 21 OF THE CONSTITUTION OF INDIA. DIRECT R- 1TO 4 TO RESTORE THE PENSION PAYABLE TO BE PETITIONER AS HAS BEEN PAID TO HIM PRIOR TO THE IMPUGNED COMMUNICATION AND ALSO EXTEND THE REVISION OF PENSION, IF ANY IN THE INTEREST OF JUSTICE.

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IN WP NO. 47495/2018

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BETWEEN:

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RICHARD REBELLO S/O LATE SRI. ELIAS REBELLO AGED ABOUT 79 YEARS RETIRED SELECTION GRADE LECTURER, MILAGRES COLLEGE, KALLIANPUR, UDUPI DISTRICT, AND RESIDING AT MARIA, 4TH CROSS, GOPALAPURA, SANTHEKATTE,

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HC-KAR

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KALLIANPURA, UDUPI DISTRICT-576105

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...PETITIONER

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(BY SRI. S R RAVIPRAKASH.,ADVOCATE SRI. M SUBRAMANYA BHAT, ADVOCATE)

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AND:

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STATE OF KARNATAKA DEPARTMENT OF EDUCATION (COLLEGIATE EDUCATION) M.S.BUILDING, BENGALURU-560 001 REP BY THE PRINCIPLE SECRETARY

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PRINCIPAL ACCOUNTANT GENERAL (A AND E) KARNATAKA, P.B.NO.5329/5369 PARK HOUSE ROAD, BANGALORE-1

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DEPUTY DIRECTOR DISTRICT TREASURY UDUPI, UDUPI DISTRICT-576103

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SENIOR MANAGER CANARA BANK, KALLIANPURA BRANCH, SANTHEKATTE, UDUPI-576105

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PRINCIPAL MILAGRES COLLEGE, KALLIANPURA, UDUPI DISTRICT, UDUPI-576114

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...RESPONDENTS

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(BY SRI. G RAMESH NAIK, AGA FOR R1 TO R3 SRI. T.P. MUTHANNA, ADVOCATE FOR R4)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO

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NC: 2026:KHC:31182 WP No. 40059 of 2018 C/W WP No. 36675 of 2018 WP No. 47495 of 2018 WP No. 54576 of 2018

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HC-KAR

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CALL FOR THE ENTIRE RECORDS PERTAINING TO THE CASE OF THE PETITIONER, QUASH THE COMMUNICATIONS BEARING No.JIKHAU/PINCHANI/17-18 DTD 16.5.2018 ISSUED BY THE R-3 TO THE R-4 [ANNEXURE-F] AND THE COMMUNICATION DTD11.7.2018 ISSUED BY THE R-4 TO THE PETITIONER [ANNEXURE-H] WITH AS THE SAME ARE ARBITRARY, ILLEGAL AND IRRATIONAL AND VIOLATIVE OF ARTICLES 14 AND 21 OF THE CONSTITUTION OF INDIA. DIRECT R-1 TO 4 TO RESTORE THE PENSION OF THE PETITIONER WHICH WAS BEING PAID TO HIM PRIOR TO THE IMPUGND COMMUNICATION AND ALSO EXTEND THE REVISION OF PENSION, IF ANY.

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IN WP NO. 54576/2018

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BETWEEN:

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SMT SYLVIA PASSANHA

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W/O LATE SRI VALENTINE PASSANHA, AGED ABOUT 70 YEARS, R/AT "SUNSHINE", SANTHEKATTE POST, UDUPI DISTRICT-576105

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...PETITIONER

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(BY SRI. SUBRAMANYA BHAT M., ADVOCATE)

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AND:

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STATE OF KARNATAKA DEPARTMENT OF EDUCATION, (COLLEGIATE EDUCATION) M.S.BUILDING, BENGALURU-560001. REPRESENTED BY THE PRINCIPAL SECRETARY.

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PRINCIPAL ACCOUNTANT GENERAL (A & E)

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HC-KAR

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KARNATAKA, P B NO.5329/5369, PARK HOUSE ROAD, BANGALORE-01.

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DEPUTY DIRECTOR DISTRICT TREASURY UDUPI, UDUPI DISTRICT-576103.

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CANARA BANK KALLIYANAPURA BRANCH SANTHEKATTE UDUPI – 576 105 BY THE SR. MANAGER

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PRINCIPAL MILAGRES COLLEGE, KALLIANPURA, UDUPI DISTRICT, UDUPI-576114.

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...RESPONDENTS (BY SRI. G. RAMESH NAIK, AGA FOR R1 TO R3 R4 & R5 ARE SERVED)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TOCALL FOR THE ENTIRE RECORDS PERTAINING TO THE CASE OF THE PETITIONER AND QUASH THE COMMUNICATIONS DATED 25.7.2018 ISSUED BY THE R-3 TO THE PETITINER (ANNEXURE-F) AND THE COMMUNICATION DATED 25.7.2018 ISSUED BY THE R-3 TO THE R-4 (ANNEXURE-G) AS THE SAME ARE ARBITRARY, ILLEGAL AND IRRATIONAL AND VIOLATIVE OF ARTICLES 14 AND 21 OF THE CONSTITUTION OF INDIA; DIRECT R-1 TO 4 TO RESTORE THE FAMILY PENSION OF THE PETITIOENR WHICH WAS BEING PAID TO HIM PRIOR TO THE IMPUGNED COMMUNICATIONS AND ALSO EXTEND THE FUTURE REVISION OF FAMILY PENSION.

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HC-KAR

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THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI

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ORAL ORDER

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The petitioners have filed these writ petitions seeking following reliefs:

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In WP No.40059/2018:

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a) Issue a writ of certiorari or any other appropriate writ, order or direction quashing the communications bearing No.JIKHAU/PINCHANI/17-18 dtd 18.5.2018 and 26.6.2018 issued by respondent No.3 to respondent No.4 [Annexures-F and J] and the communication bearing No. OR/BM/UDUPI/01/2018 dtd 8.6.2018 issued by respondent No.4 to the petitioner [Annexure-G] with as the same are arbitrary, illegal and irrational and violative of Articles 14 and 21 of the Constitution of India.

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b) Issue a writ of mandamus or any other appropriate writ, order or

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HC-KAR

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direction directing respondent Nos.1 to 4 to restore the pension of the petitioner which was being paid to him prior to the impugned communication and also extend the revision of pension, if any in the interest of justice.

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c) Grant the petitioner the costs of this writ petition and pass such other order/orders as this Hon’ble Court deems fit to pass, in the circumstances of the case to meet the ends of justice.

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In WP No.36675/2018:

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a) Issue a writ of certiorari or any other appropriate writ, order or direction quashing the communications bearing No.JIKHAU/PINCHANI/17-18 dated 16.5.2018 issued by the respondent No.3 to respondent No.4, a copy of the same is produced as Annexure-F, as the same is arbitrary, illegal and irrational and violative of Articles 14 and 21 of the Constitution of India.

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HC-KAR

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b) Issue a writ of mandamus or any other appropriate writ, order or direction directing respondent Nos.1 to 4 to restore the pension of the petitioner which was being paid to him prior to the impugned communication and also extend the revision of pension, if any, in the interest of justice.

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c) Grant the petitioner the costs of this writ petition and pass such other order/orders as this Hon’ble Court deems fit to pass, in the circumstances of the case to meet the ends of justice.

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In WP No.47495/2018:

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a) Issue a writ of certiorari or any other appropriate writ, order or direction quashing the communications bearing No.JIKHAU/PINCHANI/17-18 dated 16.5.2018 issued by respondent No.3 to respondent No.4, Annexure-F, and the communication bearing No.NIL dated 11.07.2018 issued by respondent No.4 to the petitioner (Annexure-H) with as the same are arbitrary, illegal and

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HC-KAR

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irrational and violative of Articles 14 and 21 of the Constitution of India.

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b) Issue a writ of mandamus or any other appropriate writ, order or direction directing respondent No.1 to respondent No.4 to restore the pension of the petitioner which was being paid to him prior to the impugned communication and also extend the revision of pension, if any, in the interest of justice.

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c) Grant the petitioner the costs of this writ petition and pass such other order/orders as this Hon’ble Court deems fit to pass, in the circumstances of the case to meet the ends of justice.

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In WP No.54576/2018:

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a) Issue a writ of certiorari or any other appropriate writ, order or direction quashing the communications bearing No.JIKHAU/PINCHANI/17-18 dated 25.7.2018 issued by respondent No.3 to the petitioner (Annexure-F) and the communication bearing no No.JIKHAU/PINCHANI/17-18 dated

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HC-KAR

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25.7.2018 issued by respondent No.3 to respondent No.4 (Annexure-G) as the same are arbitrary, illegal and irrational and violative of Articles 14 and 21 of the Constitution of India.

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b) Issue a writ of mandamus or any other appropriate writ, order or direction directing respondent No.1 to respondent No.4 to restore the pension of the petitioner which was being paid to him prior to the impugned communication and also extend the revision of pension, if any, in the interest of justice.

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c) Grant the petitioner the costs of this writ petition and pass such other order/orders as this Hon’ble Court deems fit to pass, in the circumstances of the case to meet the ends of justice.

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Brief facts leading rise to the filing of these writ

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petitions are as follows:

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HC-KAR

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In W.P. No.36675/2018 :

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The petitioner in this case was appointed as lecturer in the year 1970 and he was promoted as Selection Grade Lecturer. The petitioner took voluntary retirement from service from the post of Selection

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Grade Lecturer with effect from 31.08.2000. It is stated that the petitioner held the post of Selection Grade Lecturer, which was admitted to grant in aid. He was extended the benefit of UGC pay scales from 01.01.1986 and the subsequent revision took place with effect from 01.01.1996.

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UGC adopted the Official Memorandum dated 06.04.2016 issued by the Government of India, which provided for revision of pension of Teachers who retired on or before 01.01.2006 at the rate of 50% of last drawn emoluments irrespective of the fact whether they had completed 33 years of qualifying service or not. By virtue of this move by the UGC, petitioner's pension was revised and re-

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HC-KAR

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fixed upwards to Rs. 53,576/- from Rs.48,705/- per month with effect from April, 2012. The petitioner was also paid arrears of pension of Rs.3,87,099/- by crediting the amount to the Pension Account on 16.09.2017 and crediting the arrears of enhanced pension till May 2018 and the total amount till May 2018 comes to Rs.4,36,353/-.

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Respondent No.2 directed the District Treasury to revise and re-fix the pension of the petitioner by reducing the same on the ground that petitioner's pension was revised and re-fixed erroneously. Based on such directions, respondent No.3 has written the impugned letters to respondent No.4 to revise downwards and re-fix the pension of the petitioner and also to recover the alleged excess pension paid to the Petitioner.

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It is contended that the petitioner has not been issued with any notice nor has he been afforded with

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HC-KAR

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any opportunity to have his say before revising the pension and effecting recovery. The petitioner came to know about the illegal action of respondent Nos.2 and 4 only when he received the intimation from respondent No.4, regarding the revision, refixation and recovery of pension. The impugned order passed by respondent No.4 in respect of revision, refixation and recovery of pension is arbitrary, erroneous and in violation of the principles of natural justice and hence, on these grounds, he prays to allow the writ petition.

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In W.P. No.47495/2018 :

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The petitioner in this case joined respondent No.5 as a Lecturer in the year 1968 and he was promoted as Selection Grade Lecturer. At the time of his retirement, petitioner was drawing a basic pay of Rs.5,450/and retired on 31.03.1997. The petitioner was drawing the salary at UGC pay scale.

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HC-KAR

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His pension was fixed at the State basic pay scale

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ever since the date of retirement.

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The Government of Karnataka issued a Government order dated 22.07.2000 extending the revised UGC pay scales to the teachers, Librarians, etc., of Government / Aided colleges with effect from 01.01.1996. The UGC issued a circular circulating an official memorandum dated 06.04.2016 to implement the said official memorandum and made applicable to all the teachers who have retired on or before 01.01.2006.

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The Government of India, Department of Personnel, Public Grievance and Pensions issued on Official Memorandum granting pension at the rate of 50% of the last drawn salary as correspondingly revised with effect from 01.01.2006 to those who have retired on or before 01.01.2006, irrespective of completion of 33 years or not.

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HC-KAR

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Respondent No.2 directed the Respondent No.3 to

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revise the pension of the petitioner in terms of the UGC pay scales. Based on the same, petitioner’s pension was revised by respondent No.3. Accordingly, the Deputy Director, District Treasury, Udupi addressed a letter a letter to respondent No.4 stating that the petitioner is eligible for pensionary benefits under UGC scales.

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Petitioner received a letter dated 11.07.2018 from respondent No.4 informing that a sum of Rs.18,58,334/- is the amount recoverable from the petitioner on account of alleged excess payment of arrears of pension to the petitioner. The impugned order passed by respondent No.4 in respect of revision, refixation and recovery of pension is arbitrary, erroneous and in violation of the principles of natural justice and hence, on these grounds, he prays to allow the writ petition.

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In W.P. No.54576/2018 :

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The petitioner in this case has filed the present writ petition challenging the action of Respondents 2, 3 and 4 in reducing the family pension payable to her and also ordering for recovery from her in the guise

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of arrears of family pension being paid in excess.

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Petitioner's husband was a Selection Grade Lecturer in respondent No.5, who died on 27.11.1994 after having put in 27½ years of service. The post held by the deceased employee was admitted to grant-inaid. He was extended the benefit of UGC pay scales from 01.01.1986.

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UGC adopted the Official Memorandum dated 06.04.2016 issued by the Government of India, which provided for revision of pension of Teachers who retired on or before 01.01.2006 at the rate of 50% of the last drawn emoluments irrespective of the fact whether they had completed 33 years of

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HC-KAR

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qualifying service. By virtue of the above order, the petitioner was entitled to have her family pension revised and refixed by extending the revised UGC pay scales of 1996 and 2006.

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Respondent No.3 instructed respondent No.4 to switch over the family pension payable to the petitioner to the UGC revised scale and pay her the revised family pension from December 1994. Accordingly, the family pension of the petitioner was revised under UGC scale and she was also paid arrears of family pension of Rs. 29,93,630/-.

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Respondent No.2 directed the District Treasury to revise and re-fix the family pension of the petitioner by reducing the same on the ground that the petitioner's family pension was revised and re-fixed erroneously. Respondent No.3 has written the impugned letters to respondent No.4 to revise the family pension downwards and re-fix the same and

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also to recover the alleged excess family pension

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paid to the Petitioner.

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It is contended that the petitioner has not been issued with any notice nor has she been afforded with any opportunity to have his say before revising the family pension and effecting recovery. Petitioner came to know about the illegal action of respondent Nos.2 and 4 only when she received the intimation from respondent No.3 regarding the revision, refixation and recovery of family pension. The impugned order passed by respondent No.4 in respect of revision, refixation and recovery of pension is arbitrary, erroneous and in violation of the principles of natural justice and hence, on these grounds, he prays to allow the writ petition.

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In W.P. No.40059/2018 :

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The petitioner joined respondent No.5 Institution as

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Lecturer in the year 1969 and he was promoted as

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Selection Grade Lecturer. At the time of his retirement, the petitioner was drawing a basic pay of ₹5,150/- [i.e., ₹4,950/- + interim relief ₹200/-] and retired on 31.12.1994. The petitioner was drawing the salary at University Grant Commission (“UGC”) pay scale. His pension was fixed at the State basic pay scale ever since the date of retirement. His monthly pension was fixed at ₹1,913/- with effect from 01.01.1995.

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The Government of Karnataka issued a Government Order dated 22.07.2000 extending the revised UGC pay scales to the teachers, Librarians, etc. of Govt./ Aided Colleges with effect from 01.01.1996. The UGC issued a circular circulating an official memorandum dated 06.04.2016 to implement the said official memorandum and made applicable to all the teachers who have retired on or before 01.01.2006.

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HC-KAR

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The Government of India, Department of Personnel,

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Public Grievance and Pensions issued on the official memorandum granting pension at the rate of 50% of the last drawn salary as correspondingly revised with effect from 01.01.2006 to those who have retired on or before 01.01.2006, irrespective of completion of 33 years or not.

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The petitioner made a request to respondent No.2 to revise his pension by extending the UGC grade pay. The request was considered and respondent No.2 directed respondent No.3 to revise the pension of the petitioner. Accordingly, the Deputy Director, District Treasury addressed a communication to respondent No.4, stating that the petitioner is eligible for pensionary benefits under UGC scales. The petitioner was also granted additional pension.

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Respondent No.3 issued a letter to respondent No.4 to revise the pension and also to recover the alleged

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HC-KAR

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excess pension, if any, paid to the petitioner. The impugned order passed by respondent No.4, in respect of revision, refixation, recovery of pension is arbitrary, erroneous and in violation of the principles of natural justice and hence, on these grounds, he prays to allow the writ petition.

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The respondents-State filed a statement of objections in W.P. No.40059 of 2018 raising several grounds. The main ground raised by the State in paragraph 14 is that Respondent No.3, vide order dated 06.06.2007, ordered to revise the pensioner’s pension, who had retired or died on 01.07.2005. The Accountant General has ordered to revise the petitioner's pension as per UGC pay scales. Respondent No.3 fixed the basic pension as ₹37,400/- applicable from 01.04.2012 as per UGC pay band scale.

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HC-KAR

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24. Respondent No.3 has got no clear cut order and had

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a doubt, as such, had written a letter to the Accountant General, Bengaluru to direct how to revise the pension of Narasimha Kediya, PPO No.185113/UGC, who was drawing salary as per 1996 UGC/AICTE/ICAR scale and retired. Respondent No.3 came to know that there was a mistake and error while revising the petitioner's pension as per Annexure-R4. Therefore, ordered for revision of pension of the petitioner. Hence, prays to dismiss the writ petition.

¶209

Heard the arguments of the learned counsel to the petitioners and learned Government Advocate for the respondent-State.

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Learned counsel to the petitioners submits that the

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respondents, before passing the impugned orders, conducted no enquiry and the impugned orders are passed in violation of the principles of natural

¶212

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justice. Hence on this ground, he sought for setting

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aside the impugned orders.

¶215

Per contra , learned Additional Government Advocate submits that the respondents will reconsider the case of the petitioners after providing an opportunity of personal hearing to them. Hence, prays to dispose of the petition accordingly.

¶216

Perused the records and considered the submissions of the learned counsel for the parties.

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The petitioners have retired from service and were drawing pension as per the earlier UGC pay scales. Respondent No.3 was having a doubt in regard to re-fixation of pension as per UGC pay scale and hence, respondent No.3 sought for clarification from respondent No.2 and it was found that while refixation of pension of the petitioners, a mistake has occurred and therefore, respondent No.4 revised

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27 -

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downwards and re-fixed the pension of the

¶221

petitioners.

¶222

Respondent No.4, before revising downwards and refixing the pension of the petitioners, had not afforded an opportunity of hearing to the petitioners, and no enquiry was held. Thus, the impugned orders passed by the respondents are in violation of the principles of natural justice and hence, on this ground alone, the impugned orders are liable to be set aside.

¶223

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

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ORDER

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(i) The writ petitions are allowed .

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(ii) The impugned orders passed by the respondents are hereby quashed .

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(iii) Respondent Nos.1 to 4 are directed to reconsider the case of the

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28 -

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HC-KAR

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petitioners, provide an opportunity of personal hearing to them and thereafter, pass an appropriate order in accordance with law within a period of 2 months from the date of receipt of a certified copy of this order.

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(iv) In W.P. No.54576 of 2018, the respondent-Bank is directed to defreeze the account(s) of the petitioner and permit the petitioner to operate the same.

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Sd/(ASHOK S.KINAGI) JUDGE

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List No.: 1 Sl No.: 35

Wilfred R D Souza v. State of Karnataka

Case brief

What is this about?

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Wilfred R D Souza v. State of Karnataka

Case brief

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