- 1 - NC: 2025:KHC:4303 WP No. 14751 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO. 14751 OF 2024 (S-R) BETWEEN: SRI. B SHARANAPPA S/O LATE BORAIAH, AGED ABOUT 61 YEARS, R/AT JAGALUR GOLLARAHATTY, MADANAYAKANAHALLI POST, JAGALUR TALUK, DAVANAGERE DISTRICT-577528. …PETITIONER (BY SRI. RAMACHANDRAIAH R., ADV.) AND: 1. THE SENIOR ACCOUNTS OFFICER OFFICE OF THE ACCOUNTANT GENERAL (A AND E) P.B. NO.5329/5369, ANNEX BUILDING, PARK HOUSE ROAD, BENGALURU-560001. 2. THE DIRECTOR OFFICE OF THE COMMISSIONER OF COLLEGIATE EDUCATION, CENTRAL OFFICE, PALACE ROAD, BENGALURU-560001. 3. THE JOINT DIRECTOR DEPARTMENT OF COLLEGE EDUCATION, REGIONAL OFFICE, SHIVAMOGGA-577203. Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:4303 WP No. 14751 of 2024 4. THE ASSISTANT TREASURY OFFICER SUB TREASURY OFFICE, TALUK ADALATH BHAVAN, JAGALUR-577528, DAVANAGERE DISTRICT. 5. THE PRINCIPAL MAHARAJA MADAKARINAAYAKA, FIRST GRADE COLLGE, CHITRADURGA-577533. …RESPONDENTS (BY SRI.V SHIVAREDDY, AGA FOR R1-R4 V/O DATED 19.08.2024, NOTICE TO R5 IS D/W) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO I) SET ASIDE THE ORDER BEARING NO. PV9/1/1023393762/2092362585/424509 DATED 12/01/2024 ISSUED BY THE R1 VIDE ANNEXURE-B AND II) DIRECT THE RESPONDENTS AUTHORITIES TO CONSIDER THE REPRESENTATION OF THE PETITIONER DATED 28/04/2024 VIDE ANNEXURE-D, TO RELEASE THE BALANCE CLAIM AMOUNT OF RS. 3,42,051/-. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.G.PANDIT ORAL ORDER Heard the learned counsel Sri.Ramachandraiah.R., for petitioner and learned Additional Government Advocate Sri.V.Shivareddy for respondent Nos.1 to 4. Perused the writ petition papers. 2. Learned counsel for the petitioner would submit that the petitioner, a retired ‘D’ Group employee of fifth - 3 - NC: 2025:KHC:4303 WP No. 14751 of 2024 respondent is before this Court praying to quash Annexure-D insofar as recovery of a sum of Rs.3,42,051/- is concerned. Learned counsel would submit that the petitioner retired from service on attaining the age of superannuation on 31.07.2023 and under Annexure-B, Communication dated 12.01.2024 of the first respondent, petitioner was intimated his entitlement of pension and pensionary benefits. Further, he submits that in the said Communication, it was indicated that in terms of letter dated 06.10.2023 of respondent Nos.2 and 3, a sum of Rs.3,42,051/- is ordered to be recovered. Learned counsel would submit that the said amount is said to be excess pay paid to the petitioner and further he submits that in terms of Circular dated 27.06.2023 (Annexure-E) no recovery could be made in respect of Group-C and D employees official who retired from service, which is based on the decision of the Hon'ble Apex Court in STATE OF PUNJAB AND OTHERS v/s RAFIQ MASIH (WHITE WASHER) (AIR 2015 SC 696). In that regard, learned counsel would submit that the petitioner has submitted - 4 - NC: 2025:KHC:4303 WP No. 14751 of 2024 representation at Annexure-D dated 28.04.2024 requesting to reimburse the recovered amount and copy of that representation is also submitted to the respondent Nos.2 and 4. But, he submits that no action is taken by the respondents and the said representation is pending consideration. 3. Per contra, learned Additional Government Advocate Sri.V.Shivareddy for respondents would submit that petitioner was paid excess pay during his service and to recover the said excess pay, rightly respondents have directed to recover a sum of Rs.3,42,051/- from the pensionary benefits of the petitioner. Further, he submits that the petitioner is liable to refund the excess pay received by him. Thus, he prays for dismissal of the writ petition. 4. On hearing the learned counsel appearing for the parties and on perusal of the writ petition papers, particularly Annexure-B, Communication of the first respondent-Accountant General dated 21.01.2024, it is - 5 - NC: 2025:KHC:4303 WP No. 14751 of 2024 seen that in terms of letter dated 06.10.2023 of respondent No.2, a sum of Rs.3,42,051/- arranged for recovery from the pensionary benefits of the petitioner. It appears that it is apparently on the ground that the petitioner was paid excess pay in his service. However, while directing recovery, no notice, opportunity, whatsoever was provided to the petitioner. Be that as it may, the Hon'ble Apex Court in RAFIQ MASIH (WHITE WASHER) (supra) has held that no recovery is permissible from a Group-C or Group-D retired employees. In pursuance to the judgment of the Hon'ble Apex Court in RAFIQ MASIH (WHITE WASHER) (supra) the State Government has issued Circular dated 27.06.2023 as at Annexure-E, laying down certain guidelines in the matter of recovery. Hence, the following: ORDER a) The respondent Nos.1 to 3 are directed to consider the representation of the petitioner as at Annexure-D dated 28.04.2024 with regard to recovery of a - 6 - NC: 2025:KHC:4303 WP No. 14751 of 2024 sum of Rs.3,42,051/- from out of the retirement benefits of the petitioner in the light of the decision of Hon'ble Apex Court in RAFIQ MASIH (WHITE WASHER) (supra) and also Circular bearing No.DE 4(E) ¸Éä¸Éà 2023 dated 27.06.2023 (Annexure-E) and pass appropriate order. b) Time for compliance: Three months from today. c) With the above, writ petition stands disposed of. Sd/- (S.G.PANDIT) JUDGE NC CT:bms List No.: 1 Sl No.: 16