- 1 - NC: 2025:KHC:5498-DB WA No. 724 of 2024 C/W CCC No. 1174 of 2024 (CIVIL) IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY, 2025 PRESENT THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR JUSTICE M.I.ARUN WRIT APPEAL NO. 724 OF 2024 (S-R) C/W CCC NO. 1174 OF 2024 (CIVIL) IN W.A. No. 724/2024 BETWEEN: 1. THE KARNATAKA POWER TRANSMISSION CORPORATION LIMITED CAUVERY BHAVAN, K.G. ROAD BANGALORE - 560 009 REPRESENTED BY ITS MANAGING DIRECTOR …APPELLANT (BY SRI SHIRISH KRISHNA, ADVOCATE) AND: 1. JAVARI GOWDA AGED ABOUT 73 YEARS R/AT DOOR NO.KT 328 NEW MARIGOWDA LAYOUT II CROSS, BEHIND KALEGOWDA HIGH SCHOOL MANDYA - 571 401 …RESPONDENT (BY SRI T.P. VIVEKANANDA, ADVOCATE) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED FEBRUARY 13, 2024, PASSED BY THE Ld. SINGLE Digitally signed by AMBIKA H B Location: High Court of Karnataka - 2 - NC: 2025:KHC:5498-DB WA No. 724 of 2024 C/W CCC No. 1174 of 2024 (CIVIL) JUDGE OF THIS HON'BLE COURT IN WRIT PETITION No.1566/2016, WITH EXEMPLARY COSTS. IN CCC NO. 1174/2024 (CIVIL) BETWEEN: 1. SRI JAVARAI GOWDA AGED ABOUT 73 YEARS S/O. LATE JAYARAME GOWDA RESIDING AT DOOR NO.KT 328 NEW MARIGOWDA LAYOUT II CROSS, BEHIND KALEGOWDA HIGH SCHOOL MANDYA - 571 401 ...COMPLAINANT (BY SRI T.P. VIVEKANANDA, ADVOCATE) AND: 1. SRI PANKAJ KUMAR PANDEY MANAGING DIRECTOR THE KARNATAKA POWER TRANSMISSION CORPORATION LTD. CAUVERY BHAVAN K.G.ROAD, BANGALORE - 560 009 ...ACCUSED 2. STATE OF KARNATAKA DEPARTMENT OF ENERGY VIDHANA SOUDHA BANGALORE - 560 001 REPRESENTED BY ITS SECRETARY …PRO FORMA RESPONDENT (BY SRI SHIRISH KRISHNA, ADVOCATE) THIS CCC IS FILED UNDER SECTION 11 AND 12 OF CONTEMPT OF COURTS ACT R/W ARTICLE 215 OF THE CONSTITUTION OF INDIA, PRAYING TO TAKE COGNIZANCE OF WILLFUL DISOBEDIENCE OF THE ORDER PASSED BY THIS HON'BLE COURT IN W.P.NO.1566/2016 DATED 13.02.2024 AT ANNEXURE-A. - 3 - NC: 2025:KHC:5498-DB WA No. 724 of 2024 C/W CCC No. 1174 of 2024 (CIVIL) THIS APPEAL AND CCC COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE M.I.ARUN ORAL JUDGMENT (PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA) The present is an appeal filed by the appellant-the Karnataka Power Transmission Corporation Limited which is directed against judgment and order dated 13.02.2024 in Writ Petition No.1566 of 2016 whereby, the petition filed by the respondent-original petitioner came to be allowed. 2. As per the operative orders passed by learned Single Judge, the impugned order of penalty passed against the petitioner came to be set aside. Consequential, directions were issued by learned Single Judge to pay to the petitioner the arrears of salary from 30.08.2002 till 30.06.2011, which was the date when the petitioner reached the age of superannuation. - 4 - NC: 2025:KHC:5498-DB WA No. 724 of 2024 C/W CCC No. 1174 of 2024 (CIVIL) 2.1 The second direction was to accord promotion to the petitioner for which he was entitled to during the period between 30.08.2002 and 30.06.2011. There was a further direction requiring the Karnataka Power Transmission Corporation Limited (KPTCL) to fix the pay scale and pay of the petitioner and to fix the pension on such basis. It is also directed to pay the arrears to the petitioner which may arise on account of refixation of pay scale and pension. 2.2 Learned Single Judge in the next directed that the KPTCL shall pay interest on the amounts payable to the petitioner and that interest shall be paid at the rate of 8%. Furthermore, cost of Rs.50,000/- was awarded to the petitioner to be paid by the appellant-KPTCL. 3. When the appeal came up for consideration, learned advocate Mr. Shirish Krishna for the appellant stated that in response to the contempt petition, all the directions issued by learned Single Judge regarding payment of salary, refixation of pension, arrears of pension, etc. have been complied with - 5 - NC: 2025:KHC:5498-DB WA No. 724 of 2024 C/W CCC No. 1174 of 2024 (CIVIL) excepting the interest amount and the cost awarded by learned Single Judge. 4. Learned advocate for the appellant submitted, on instructions of the appellant, that he confines the challenge to the judgment and order of learned Single Judge insofar as it imposes cost of Rs.50,000/- and directs the payment of benefits to the petitioner with interest at the rate of 8%. 5. Having heard learned advocate Mr. Shirish Krishna for the appellant and learned advocate Mr. T.P Vivekananda for the respondent-original petitioner, the Court is of the view that learned Single Judge did not commit any error in requiring the appellant to pay the interest on the amount payable to the original petitioner. 5.1 In paragraph 17 of the order, the following observations are made which justify the grant of interest on the payments becoming due to the petitioner, "The respondents being an instrumentality of the State cannot be permitted to act in a manner which is so brazenly unfair and arbitrary. The moment the order of punishment was quashed, unless there was a specific order denying the arrears of salary, the KPTCL was both morally and legally - 6 - NC: 2025:KHC:5498-DB WA No. 724 of 2024 C/W CCC No. 1174 of 2024 (CIVIL) bound to pay to the petitioner the entire arrears of salary for the period during which the petitioner was kept out of employment. In other words, from the date on which an order of compulsory retirement was passed i.e., on 30.08.2002 till the petitioner attained the age of superannuation, the KPTCL would be bound to pay to the petitioner the arrears of salary that he is entitled to." 5.2 While above observations justify the award of interest, the Court is of the view that interest at the rate of 8% is on an higher side. Therefore, it is directed by modifying the rate of interest that the original petitioner shall be entitled to interest at the rate of 6%, which would be reasonable. 6. As far as the imposition of cost of Rs.50,000/- is concerned, the Court finds that it was a direction not warranted to be passed by learned Single Judge. The cost part is set aside. 7. The appeal is partly allowed and accordingly disposed of. The contempt petition will not survive in view of the above order partially allowing the appeal. However, it is directed that if any compliance is left out, it shall be done within eight weeks. - 7 - NC: 2025:KHC:5498-DB WA No. 724 of 2024 C/W CCC No. 1174 of 2024 (CIVIL) In view of disposal of the appeal, the interlocutory application, as may be pending, would not survive and it stands accordingly disposed of. Sd/- (N. V. ANJARIA) CHIEF JUSTICE Sd/- (M.I.ARUN) JUDGE AHB List No.: 1 Sl No.: 99