- 1 - HC-KAR NC: 2025:KHC:22050 WP No. 15170 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 15170 OF 2024 (S-RES) BETWEEN: SRI RAMAKRISHNA S/O VEERAMASTHI GOWDA AGED ABOUT 61 YEARS RETIRED JUNIOR ENGINEER (ELEC.) O/O THE EXECUTIVE ENGINEER (ELEC.) KARNATAKA POWER TRANSMISSION CORPORATION LIMITED TL AND SS S.R.S PEENYA DIVISION BANGALORE 560058 RESIDING AT NO.1 2ND B MAIN SRIGANDANAGAR NEAR KTM COLLEGE HEGANAHALLI CROSS SUNKADAKATTE BANGALORE-560091. …PETITIONER (BY SRI. DEVARAJ N., ADVOCATE) AND: 1. THE MANAGING DIRECTOR KARNATAKA POWER TRANSMISSION CORPORATION LTD., CAUVERI BHAVAN BANGALORE 560009. 2. THE GENERAL MANAGER/DIRECTOR (ADMIN AND HRD) KARNATAKA POWER TRANSMISSION CORPORATION LTD., CAUVERI BHAVAN BANGALORE 560009. Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:22050 WP No. 15170 of 2024 3. THE EXECUTIVE ENGINEER (ELEC) KARNATAKA POWER TRANSMISSION CORPORATION LTD., TL AND SS SRS PEENYA DIVISION BANGALORE 560058. …RESPONDENTS (BY SRI. SHIRISH KRISHNA., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER BEARING NO. KA.NI.HIM(V).T.L AND S.S/DIVISION PEENYA/LE/SA.LE/KA-6/3947 DATED 07/11/2023 MARKED AT ANNEXURE-B AND ORDER BEARING NO. KA.NI.HIM(V)/T.L AND S.S./DIVISION PEENYA/LE/SA.LE /KA-6/4199 DATED 21/11/2023 MARKED AT ANNEXURE-C ISSUED BY THE R3 AS THE SAME IS ILLEGAL, UNJUST, ARBITRARY, MALAFIDE, UNREASONABLE AND GROSSLY VIOLATIVE OF PRINCIPLES OF NATURAL JUSTICE 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 Articles 226 & 227 of the Constitution of India, seeking the following reliefs: “(a) Issue a writ of certiorari or any other appropriate writ, order or direction, quashing the impugned order bearing No.Ka.Ni.Him(V)T.L & S.S./ Division Peenya/Le/Sa.Le/Ka-6/3947 dated 07.11.2023 marked at Annexure-B and order bearing No.Ka.Ni.Him(V)/T.L & S.S/Division Peenya/Le/Sa.Le/Ka-6/4199 dated 23.11.2023 - 3 - HC-KAR NC: 2025:KHC:22050 WP No. 15170 of 2024 marked at Annexure-C issued by the 3rd respondent as the same is illegal, unjust, arbitrary, malafide, unreasonable and grossly violative of principles of natural justice. (b) Issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondents to pay Rs.4,06,553/- along with 18% interest p.a. to meet the ends of justice.” 2. The brief facts of the case are that, the petitioner was appointed as an Assistant Lineman in the respondent – Establishment. While he was working, he was promoted as a Lineman in the year 2006 and further promoted as a Meter Reader on 22.02.2010. Thereafter, he was further promoted as a Junior Engineer in the year 2020. When he was working as a Junior Engineer, he attained the age of superannuation with effect from 30.04.2023. After seven months from the date of retirement, the pay of the petitioner has been re-fixed on the ground that the increment granted to him from April 2010 to April 2023 has been withdrawn and his pay has been re-fixed and ordered to recover a sum of Rs.4,06,553/- from the - 4 - HC-KAR NC: 2025:KHC:22050 WP No. 15170 of 2024 pensionary benefits. Being aggrieved by the same, the petitioner is before this Court. 3. The learned counsel for the petitioner submits that, in view of the judgment of the Apex Court in the case of STATE OF PUNJAB AND OTHERS vs. RAFIQ MASIH reported in AIR 2015 SC 696, recovery from an employee belonging to Class-III and IV services, that too from retired employee, is impermissible. 4. It is also submitted that, in identical matter, this Court, in W.P.No.48553/2016 disposed of on 06.11.2020, allowed the writ petition. 5. In view of the above, the following order is passed: (i) The writ petition is allowed. (ii) The order dated 23.11.2023 vide Annexure-C is quashed. (iii) The respondents are directed to pay a sum of Rs.4,06,553/- along with interest @ 6% p.a. - 5 - HC-KAR NC: 2025:KHC:22050 WP No. 15170 of 2024 to the petitioner from the date of recovery till the date of payment. (iv) This exercise shall be completed within a period of six months from the date of the receipt of a copy of this order. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM LIST NO.: 1 SL NO.: 48