Full Judgment Text
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NC: 2026:KHC:11100-DB
WP No. 4917 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
RD
DATED THIS THE 23 DAY OF FEBRUARY, 2026
PRESENT
THE HON'BLE MR. JUSTICE S.G.PANDIT
AND
THE HON'BLE MR. JUSTICE K. V. ARAVIND
WRIT PETITION NO. 4917 OF 2026 (S-KSAT)
BETWEEN:
1. THE STATE OF KARNATAKA,
REP. BY ITS ADDL. CHIEF SECRETARY,
DEPARTMENT OF URBAN DEVELOPMENT,
VIKASA SOUDHA,
BENGALURU-560 001.
2. THE ADDL. CHIEF SECRETARY,
DEPARTMENT OF PUBLIC WORKS,
VIKASA SOUDHA,
BENGALURU-560 001.
3. THE CHIEF ENGINEER,
COMMUNICATIONS AND
BUILDINGS (SOUTH)
PWD, K.R. CIRCLE,
BENGALURU-560 001.
4. THE CHIEF ENGINEER,
CENTRAL MECHANICAL ORGANIZATION,
NOW DESIGNATED AS THE DAM
SAFETY ORGANIZATION,
ANANDARAO CIRCLE,
BENGALURU-560 001.
…PETITIONERS
(BY SRI. REUBEN JACOB, AAG A/W
Digitally signed by
NANJUNDACHARI
Location: HIGH
COURT OF
KARNATAKA
SRI VIKAS ROJIPURA, AGA)
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WP No. 4917 of 2026
HC-KAR
AND:
1. VENKATESH. B.M.,
S/O. B.M. MUSALAIAH,
AGED ABOUT 67 YEARS,
THE THEN ASSISTANT EXECUTIVE ENGINEER
(NOW RETIRED),
BBMP, VASANTHANAGAR SUB DIVISION,
BANGALORE-560 079
AND NOW R/AT HOUSE NO.18,
SYNDICATE BANK COLONY,
VIJAYANAGAR NORTH,
BENGALORE -560 079.
2. THE ACCOUNTANT GENERAL (A AND E)
KARNATAKA,
BENGALURU-560 001.
…RESPONDENTS
(BY SRI. RAVIKIRAN P PAWAR, ADV. FOR C/R1)
THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS
RELATING TO ORDER DATED 24/09/2024 IN APPLICATION
NO.1808/2024 PASSED BY THE KARNATAKA STATE ADMINISTRATIVE
TRIBUNAL, BENGALURU; ISSUE AN APPROPRIATE WRIT OR ORDER
OR DIRECTION QUASHING THE IMPUGNED ORDER DATED
24/09/2024 IN APPLICATION NO.808/2024 PASSED BY THE
KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, BENGALURU, IN SO
FAR AS IT RELATES TO RELEASE ADMISSIBLE INTEREST ON THE
WITH HELD PENSIONARY AND DCRG BENEFITS VIDE ANNEXURE-A.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.G.PANDIT
AND
HON'BLE MR. JUSTICE K. V. ARAVIND
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WP No. 4917 of 2026
HC-KAR
ORAL ORDER
(PER: HON'BLE MR. JUSTICE S.G.PANDIT)
Heard learned Additional Advocate General
Sri.Reuben Jacob along with Sri.Vikas Rojipura, learned
Additional Government Advocate, for petitioners and
learned counsel Sri.Ravikiran P. Pawar for
Caveator/respondent No.1.
2. The State is before this Court, aggrieved by a
portion of the order dated 24.09.2024 in Application
No.1808/2024 passed by the Karnataka State
Administrative Tribunal at Bengaluru (for short, ‘the
Tribunal’) insofar as directing payment of interest on the
belated payment of pensionary benefits.
3. Learned Additional Advocate General
Sri.Reuben Jacob would submit that in pursuance to the
order of the Tribunal, entire pensionary benefit i.e., DCRG,
leave encashment etc., has been paid to the respondent
No.1 on 16.12.2024 and 04.02.2025. However, it is
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HC-KAR
submitted that the interest on delayed payment of
pensionary benefit is not paid in view of the Government
order dated 13.09.1994 and subsequent Government
orders governing the payment of interest on the belated
payment of pensionary benefits. He invites attention of
this Court to Clause 2(b) of Government order dated
13.09.1994 and submits that unless one is exonerated of
all the charges, he would not be entitled for interest.
4. Further, learned Additional Advocate General
would submit that a charge memo was issued to the
respondent along with several others and the said articles
of charge was the subject matter of application before the
Tribunal in Application No.837/2022 and the said
application was allowed by order dated 27.05.2023
quashing the articles of charge. However, he submits that
the said impugned order passed by the Tribunal is the
subject matter of W.P.No.30871/2024, which is pending
before this Court. It is the specific contention of the
learned Additional Advocate General that, in view of
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pendency of the above writ petition, the State has not
released the payment of interest on the pensionary
benefits.
5. On the other hand, learned counsel
Sri.Ravikiran P. Pawar for Caveator/respondent No.1
would submitt that there is no interim oder in the writ
petition and the State has also not preferred any writ
petition against the order quashing the articles of charge.
Therefore, he suggests that when the entire pensionary
benefit is paid subsequent to quashing of the articles of
charge, consequently, the petitioner would be entitled for
interest on the belated payment of pensionary benefits.
Thus, he would pray for rejecting the writ petition.
6. Having heard the learned counsel appearing for
the parties and on perusal of the entire writ petition
papers, we are of the considered opinion that the State
authorities have not made out a ground to interfere with
the order passed by the Tribunal for the following reasons:
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The Tribunal considering the fact that the articles of
charge is quashed by order dated 27.05.2023 in
Application No.837/2022 and having taken note of the fact
that DCRG and other pensionary benefits are already paid,
rightly directed the payment of interest. As submitted by
learned Additional Advocate General, the DCRG and other
pensionary benefits have been paid on 16.12.2024 and
04.02.2025. When the State has released the withheld
DCRG, the State could not have withheld the consequent
interest, which the respondent No.1 would be entitled to
on the belated payment of pensionary benefit in terms of
the relevant Government orders.
7. As on this day, no departmental or judicial
proceedings are pending against respondent No.1. Only if
any departmental or judicial proceedings are pending
against respondent No.1, then the State would get
jurisdiction to withhold any benefit available to such
retired Government servant.
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8. For the reasons recorded above, we do not find
any merit in the writ petition and accordingly writ petition
stands rejected .
9. Six weeks time granted to comply with the
Tribunal's order insofar as interest is concerned.
Sd/-
(S.G.PANDIT)
JUDGE
Sd/-
(K. V. ARAVIND)
JUDGE
NC
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NC: 2026:KHC:11100-DB
WP No. 4917 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
RD
DATED THIS THE 23 DAY OF FEBRUARY, 2026
PRESENT
THE HON'BLE MR. JUSTICE S.G.PANDIT
AND
THE HON'BLE MR. JUSTICE K. V. ARAVIND
WRIT PETITION NO. 4917 OF 2026 (S-KSAT)
BETWEEN:
1. THE STATE OF KARNATAKA,
REP. BY ITS ADDL. CHIEF SECRETARY,
DEPARTMENT OF URBAN DEVELOPMENT,
VIKASA SOUDHA,
BENGALURU-560 001.
2. THE ADDL. CHIEF SECRETARY,
DEPARTMENT OF PUBLIC WORKS,
VIKASA SOUDHA,
BENGALURU-560 001.
3. THE CHIEF ENGINEER,
COMMUNICATIONS AND
BUILDINGS (SOUTH)
PWD, K.R. CIRCLE,
BENGALURU-560 001.
4. THE CHIEF ENGINEER,
CENTRAL MECHANICAL ORGANIZATION,
NOW DESIGNATED AS THE DAM
SAFETY ORGANIZATION,
ANANDARAO CIRCLE,
BENGALURU-560 001.
…PETITIONERS
(BY SRI. REUBEN JACOB, AAG A/W
Digitally signed by
NANJUNDACHARI
Location: HIGH
COURT OF
KARNATAKA
SRI VIKAS ROJIPURA, AGA)
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WP No. 4917 of 2026
HC-KAR
AND:
1. VENKATESH. B.M.,
S/O. B.M. MUSALAIAH,
AGED ABOUT 67 YEARS,
THE THEN ASSISTANT EXECUTIVE ENGINEER
(NOW RETIRED),
BBMP, VASANTHANAGAR SUB DIVISION,
BANGALORE-560 079
AND NOW R/AT HOUSE NO.18,
SYNDICATE BANK COLONY,
VIJAYANAGAR NORTH,
BENGALORE -560 079.
2. THE ACCOUNTANT GENERAL (A AND E)
KARNATAKA,
BENGALURU-560 001.
…RESPONDENTS
(BY SRI. RAVIKIRAN P PAWAR, ADV. FOR C/R1)
THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS
RELATING TO ORDER DATED 24/09/2024 IN APPLICATION
NO.1808/2024 PASSED BY THE KARNATAKA STATE ADMINISTRATIVE
TRIBUNAL, BENGALURU; ISSUE AN APPROPRIATE WRIT OR ORDER
OR DIRECTION QUASHING THE IMPUGNED ORDER DATED
24/09/2024 IN APPLICATION NO.808/2024 PASSED BY THE
KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, BENGALURU, IN SO
FAR AS IT RELATES TO RELEASE ADMISSIBLE INTEREST ON THE
WITH HELD PENSIONARY AND DCRG BENEFITS VIDE ANNEXURE-A.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.G.PANDIT
AND
HON'BLE MR. JUSTICE K. V. ARAVIND
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WP No. 4917 of 2026
HC-KAR
ORAL ORDER
(PER: HON'BLE MR. JUSTICE S.G.PANDIT)
Heard learned Additional Advocate General
Sri.Reuben Jacob along with Sri.Vikas Rojipura, learned
Additional Government Advocate, for petitioners and
learned counsel Sri.Ravikiran P. Pawar for
Caveator/respondent No.1.
2. The State is before this Court, aggrieved by a
portion of the order dated 24.09.2024 in Application
No.1808/2024 passed by the Karnataka State
Administrative Tribunal at Bengaluru (for short, ‘the
Tribunal’) insofar as directing payment of interest on the
belated payment of pensionary benefits.
3. Learned Additional Advocate General
Sri.Reuben Jacob would submit that in pursuance to the
order of the Tribunal, entire pensionary benefit i.e., DCRG,
leave encashment etc., has been paid to the respondent
No.1 on 16.12.2024 and 04.02.2025. However, it is
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submitted that the interest on delayed payment of
pensionary benefit is not paid in view of the Government
order dated 13.09.1994 and subsequent Government
orders governing the payment of interest on the belated
payment of pensionary benefits. He invites attention of
this Court to Clause 2(b) of Government order dated
13.09.1994 and submits that unless one is exonerated of
all the charges, he would not be entitled for interest.
4. Further, learned Additional Advocate General
would submit that a charge memo was issued to the
respondent along with several others and the said articles
of charge was the subject matter of application before the
Tribunal in Application No.837/2022 and the said
application was allowed by order dated 27.05.2023
quashing the articles of charge. However, he submits that
the said impugned order passed by the Tribunal is the
subject matter of W.P.No.30871/2024, which is pending
before this Court. It is the specific contention of the
learned Additional Advocate General that, in view of
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HC-KAR
pendency of the above writ petition, the State has not
released the payment of interest on the pensionary
benefits.
5. On the other hand, learned counsel
Sri.Ravikiran P. Pawar for Caveator/respondent No.1
would submitt that there is no interim oder in the writ
petition and the State has also not preferred any writ
petition against the order quashing the articles of charge.
Therefore, he suggests that when the entire pensionary
benefit is paid subsequent to quashing of the articles of
charge, consequently, the petitioner would be entitled for
interest on the belated payment of pensionary benefits.
Thus, he would pray for rejecting the writ petition.
6. Having heard the learned counsel appearing for
the parties and on perusal of the entire writ petition
papers, we are of the considered opinion that the State
authorities have not made out a ground to interfere with
the order passed by the Tribunal for the following reasons:
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HC-KAR
The Tribunal considering the fact that the articles of
charge is quashed by order dated 27.05.2023 in
Application No.837/2022 and having taken note of the fact
that DCRG and other pensionary benefits are already paid,
rightly directed the payment of interest. As submitted by
learned Additional Advocate General, the DCRG and other
pensionary benefits have been paid on 16.12.2024 and
04.02.2025. When the State has released the withheld
DCRG, the State could not have withheld the consequent
interest, which the respondent No.1 would be entitled to
on the belated payment of pensionary benefit in terms of
the relevant Government orders.
7. As on this day, no departmental or judicial
proceedings are pending against respondent No.1. Only if
any departmental or judicial proceedings are pending
against respondent No.1, then the State would get
jurisdiction to withhold any benefit available to such
retired Government servant.
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HC-KAR
8. For the reasons recorded above, we do not find
any merit in the writ petition and accordingly writ petition
stands rejected .
9. Six weeks time granted to comply with the
Tribunal's order insofar as interest is concerned.
Sd/-
(S.G.PANDIT)
JUDGE
Sd/-
(K. V. ARAVIND)
JUDGE
NC
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