- 1 - NC: 2025:KHC:18294-DB WP No. 14778 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MAY, 2025 PRESENT THE HON'BLE MR JUSTICE B M SHYAM PRASAD AND THE HON'BLE MR JUSTICE K. V. ARAVIND WRIT PETITION NO. 14778 OF 2025 (S-CAT) BETWEEN: SRI SHREYAS B AGED ABOUT 38 YEARS S.O B BASAVARAJA WORKING AS SUB DIVISIONAL ENGINEER BSNL DAVANGERE HUBLI - 577 001. ALSO AT R/AT 121/47,4TH MAIN VIVEKANANDA BADAVANE DAVANAGERE SOUTHERN EXTENSION-1 DVG DAVANAGERE - 577 004. …PETITIONER (BY SRI. SUSHAL N. TIWARI., ADVOCATE FOR SMT. DIVYA B.S., ADVOCATE ) AND: 1. CHAIRMAN AND MANAGING (CMD) BSNL CORPORATE OFFICE R/AT BHARAT SANCHAR BHAWAN HARISH CHANDRA MATHUR LANE Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - NC: 2025:KHC:18294-DB WP No. 14778 of 2025 JANPATH NEW DELHI -110 001. 2. DIRECTOR (HR) CORPORATE OFFICE BSNL CORPORATE OFFICE O/AT BHARAT SANCHAR BHAWAN HARISH CHANDRA MATHUR LANE JANPATH NEW DLHI - 110 001. 3. DIRECTOR (FINANCE) CORPORATE OFFICE BSNL CORPORATE OFFICE O/AT BHARAT SANCHAR BHAWAN HARISH CHANDRA MATHUR LANE JANPATH NEW DELHI - 110 001. 4. CHIEF GENERAL MANAGER BSNL KARNATAKA CIRCLE BENGALUR - 560 008. 5. SENIOR GENERAL MANAGER O/O GENERAL MANAGER DHARWAD TELECOM DISTRICT SANCHAR SADAN BUILDING OLD STATION ROAD HUBLI -580 020. 6. ASSISTANT GENERAL MANAGER (HR/ADMIN) O/O GENRAL MANAGER DHARWAD TELECOM DISTRICT SANCHAR SADAN BUILDING HUBLI - 580 20. - 3 - NC: 2025:KHC:18294-DB WP No. 14778 of 2025 7. ACCOUNTS OFFICER (A &P/CASH) O/O GM TELECOM, BSNL DHARWAD TELECOM DISTRICT SANCHAR SADAN BUILDING HUBLI - 580 020. 8. INTERNAL FINANCIAL ADVISER O/O GMT TELECOM BSNL DHARWAD TELECOM DISTRICT SANCHAR SADAN BUILDING HUBLI - 580 020. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ORDER DATED 17.04.2025 PASSED BY THE CENTRAL ADMINISTRATIVE TRIBUNAL IN APPLICATION No. 176/2025 VIDE ANNEXURE-A AND CONSEQUENTLY, GRANT STAY OF ORDER OF RECOVERY ORDER DATED 13.11.2024 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE B M SHYAM PRASAD and HON'BLE MR JUSTICE K. V. ARAVIND - 4 - NC: 2025:KHC:18294-DB WP No. 14778 of 2025 ORAL ORDER (PER: HON'BLE MR JUSTICE B M SHYAM PRASAD) The petitioner asserts that the respondents allege, without a cause for recovery howsoever, that they have paid him certain excess amount [Rs.3,60,993/-] as salary for the period between the years 2013-2018 and that they propose to recover this alleged excess in eighteen installments. The petitioner has filed the present petition with the Central Administrative Tribunal [the Tribunal] challenging the decision in this regard, and the Tribunal, by the impugned order, has observed that it is not inclined to grant interim order without hearing the respondent. Sri Sushal N Tiwari, the learned counsel for the petitioner, submits that the alleged excess salary is paid until 2018 but the decision to recover is in the year 2024, and that this would be impermissible as is observed by the Apex Court in the 'State of Punjab - 5 - NC: 2025:KHC:18294-DB WP No. 14778 of 2025 and Others v. RafiqMasih [White Washer] and Others - reported in [2015] 4 SCC 334. The learned counsel argues that the Apex Court has held that the recoveries by the employers would be impermissible in law, amongst others, when the recovery is for the amount paid over a period in excess of five years as of the date of the order of recovery, and that this would squarely apply in the petitioner's case. On a careful consideration of the circumstances and the grounds urged, this Court is of the view that the petitioner must await the outcome of the decision of the Tribunal and on his request for interim order, this Court must provide against precipitation until such consideration by the Tribunal. In the light of the afore, the following: ORDER The petition stands disposed of accordingly directing the respondents not to take any precipitative action until the - 6 - NC: 2025:KHC:18294-DB WP No. 14778 of 2025 Tribunal decides on the petitioner's request for interim order. Sd/- (B M SHYAM PRASAD) JUDGE Sd/- (K. V. ARAVIND) JUDGE AN/-