T. Narayanaswamy v. Union of India

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 39796 OF 2025 (S-R) BETWEEN:

T. NARAYANASWAMY S/O LATE THAMMANNA AGED 69 YEARS JUDICIAL MEMBER (RETD.) KARNATAKA STATE ADMINISTRATIVE TRIBUNAL PRESENTLY R/AT NO. 22, 3RD CROSS DHANALAKSHMI LAYOUT VIRUPAKSHAPURA, BENGALURU-560097. …PETITIONER (BY SRI. NARAYANA BHAT M., ADVOCATE) AND:

¶1UNION OF INDIA THROUGH ITS SECRETARY MINISTRY OF PERSONNEL PUBLIC GRIEVANCES AND PENSIONS DEPARTMENT OF PERSONNEL & TRAINING (DOPT) NEW DELHI - 110001.

¶2STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORM VIDHANA SOUDHA, BENGALURU-560001.

¶3THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL REP. BY ITS REGISTRAR KANDAYA BHAVAN BENGALURU - 560009.

Location: HIGH COURTOF KARNATAKA NC:(2026:KHC:11526( WP(No.(39796(of(2025( ( , ,,HC-KAR( ( (

4., THE,PRINCIPAL,ACCOUNTANT,GENERAL,(A,&,E), KARNATAKA,,PARK,HOUSE,ROAD, BENGALURU-560001., ,

5., SENIOR,ACCOUNTS,OFFICER, OFFICE,OF,THE,PRINCIPAL,ACCOUNTANT,, GENERAL,(A,&,E),KARNATAKA, PARK,HOUSE,ROAD,,BENGALURU,-,560001, …RESPONDENTS, (BY,SRI.,S.RAJASHEKAR,,ADVOCATE,FOR,R1, SRI.,SPOORTHY,HEGDE,N,,HCGP,FOR,R2:, SRI.,RAGHAVENDRA,G,GAYATHRI,,ADVOCATE,FOR,R3:,, SRI.,N,AMARESH,,SENIOR,CGC,,FOR,R4,&,R5), , , THIS,WRIT,PETITION,IS,FILED,UNDER,ARTICLE,226,OF, THE,CONSTITUTION,OF,INDIA,PRAYING,TO,ISSUE,A,WRIT,OF, CERTIORARI, QUASHING, THE, PORTION, OF, THE, PPO, ORDER, BEARING,NO, 10557-JUDICIAL, DATED, 12.02.2025, ISSUED, BY, THE, 5TH, RESPONDENT, PRODUCED, AT, ANNEXURE-C, TO, THE, EXTENT, OF, NON, CONSIDERATION, OF, 15, YEARS, AND, 4, MONTHS,SERVICE, AND, CONSIDERING,ONLY, 5, YEARS, AND, 4, MONTHS,OF,SERVICE,BY,IGNORING,ADDITIONAL,10,YEARS,OF, SERVICE,AT,BAR,AS,VIOLATIVE,OF,ARTICLE,14,16,AND,21,OF, THE,CONSTITUTION,AND,ETC., , THIS,PETITION,,COMING,ON,FOR,PRELIMINARY,HEARING, IN, 'B', GROUP,, THIS, DAY,, ORDER, WAS, MADE, THEREIN, AS, UNDER:, CORAM:, HON'BLE,MR.,JUSTICE,H.T.,NARENDRA,PRASAD, ORAL(ORDER( This, writ, petition, is, filed, under, Article, 226, of, the, Constitution,of,India,,seeking,the,following,reliefs:, a), Issue, a, writ, of, certiorari, quashing, the, portion, of, the, PPO, order, Bearing, No, 10557-Judicial, dated, 12.02.2025, issued, by, the, 5th,

Respondent produced at Annexure-C to the extent of non consideration of 15 years and 4 months service and considering only 5 years and 4 months of service by ignoring additional 10 years of service at Bar as violative of Article 14,16 and 21 of the Constitution.

b) Issue a writ of mandamus directing the Respondents to:

(i) Add 10 years of Bar practice under Section 14-A of the High Court Judges (Salaries and Conditions of Service) Act, 1954 to the Petitioner's qualifying service;

(ii) Re-fix the pension based on 15 years 4 months of qualifying service;

(iii) Recalculate and pay revised DCRG accordingly;

(iv) Consider and sanction pension commutation as per law by addition of 15 years 4 months of qualifying service;

(v) Pay all arrears arising from revision of pension, DCRG, and commutation together with interest at admissible rates.

(vi) Pay interest on all arrears arising from revision of pension, DCRG, and commutation together with interest at admissible rates at 15% per annum to meet the ends of Justice.

c) Issue a writ of mandamus, any other appropriate writ, order or direction holding that the Petitioner is entitled to pensionary benefits on par with Judges appointed under Article 217(2) of the Constitution to meet the ends of justice.

d) Award Costs of this Writ Petition and Pass any other order as deemed fit in the interests of justice and equity.

¶2The case of the petitioner is that he is a retired Judicial Member of the Karnataka State Administrative Tribunal. He was appointed to the said post under the Advocates' quota, having been directly recruited from the Bar, and retired on attaining the age of superannuation on

18.10.2024, after rendering five years of service, four months and four days as a Judicial Member. Though he

retired on 18.10.2024, his pension and terminal benefits have not been settled till date.

¶3The learned counsel appearing for the fourth respondent has filed a memo enclosing the Pension Payment Order in respect of the petitioner.

¶4In view of the above, the respondent Nos. 4 and 5 are directed to pay the pension and gratuity as per the Pension Payment Order submitted along with the memo, in any event, within a period of four weeks from the date of receipt of a copy of this order.

¶5The learned counsel for the petitioner submits that there has been a delay of more than ten months in settling the pension and, therefore, the petitioner is entitled to interest.

¶6Insofar as this aspect is concerned, liberty is reserved to the petitioner to file a representation before the Government seeking interest. If such a representation

is submitted, the second respondent – State is directed to consider the same in accordance with law.

¶7Further, if there is any discrepancy in the fixation of pension, liberty is reserved to the petitioner to submit a representation to the competent authority. If such a representation is submitted, the competent authority shall consider the same, after giving notice to the petitioner, and pass orders in accordance with law. With the above observations, the writ petition stands disposed of. In view of disposal of the main matter, all pending applications stand disposed of.

Sd/- (H.T. NARENDRA PRASAD) JUDGE

CM LIST NO.: 1 SL NO.: 73