- 1 - NC: 2025:KHC:16275-DB WP No. 17201 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF APRIL, 2025 PRESENT THE HON'BLE MR JUSTICE KRISHNA S DIXIT AND THE HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR WRIT PETITION NO. 17201 OF 2024 (S-KSAT) BETWEEN: SRI. K.S. RAJSHEKHAR S/O LATE SHIVARAMAIAH AGED ABOUT 61 YEARS INSPECTOR OF EXCISE (RETIRED) RESIDING AT PLOT NO.81-82 WARD NO.35, MALLIGENAHALLI SHIVAMOGGA-577 205 …PETITIONER (BY SRI. SHREEDHAR G.B ADVOCATE FOR SRI. RAGHAVENDRA G. GAYATRI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY DEPARTMENT OF FINANCE VIDHANA SOUDHA BENGALURU-560 001 2. THE COMMISSIONER OF EXCISE 2ND FLOOR, TTMA 'A' BLOCK BMTC BUILDING, SHANTHINAGAR BANGALORE-560 027. 3. THE DEPUTY COMMISSIONER OF EXCISE BIDAR DISTRICT, BIDAR-585 401 …RESPONDENTS (BY SRI. B. RAVINDRANATH, AGA) Digitally signed by SHAKAMBARI Location: High Court of Karnataka - 2 - NC: 2025:KHC:16275-DB WP No. 17201 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS RELATING TO ORDER DATED 19.03.2024 PASSED BY THE HON'BLE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL IN APPLICATION No. 4846/2023 (ANNEXURE-A) AND ISSUE A WRIT OR ORDER IN THE NATURE OF CERTIORARI SETTING ASIDE THE IMPUGNED ORDER DATED 19.03.2024 IN APPLICATION No. 4846/2023 PASSED BY THE HON'BLE TRIBUNAL (ANNEXURE-A) AND CONSEQUENTLY, ALLOW THE APPLICATION AND DIRECT THE RESPONDENTS TO SEND THE RETIREMENT PAPERS OF THE PETITIONER AND SANCTION AND RELEASE THE RETIREMENT BENEFITS OF THE PETITIONER WITH INTEREST AT THE RATE OF 12 PERCENT PA AND TO GIVE ALL CONSEQUENTIAL BENEFITS 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 KRISHNA S DIXIT and HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR ORAL ORDER (PER: HON'BLE MR JUSTICE KRISHNA S DIXIT) The petitioner, an ex-serviceman is knocking at the doors of writ Court assailing the State Administrative Tribunal's order dated 7.3.2024 whereby, his application No.4846/23 has been negatived. In the said application, petitioner had challenged the Official Memorandum dated 20.07.2023 whereby, his pay having been re-fixed, the alleged excess payment was sought to be recovered. - 3 - NC: 2025:KHC:16275-DB WP No. 17201 of 2024 2. The learned counsel appearing for the petitioner submits and the learned AGA appearing for the official respondents does not much dispute that the subject matter of this petition is substantially similar to the ones in two co-ordinate Bench decisions in WP No.4437/2022 (KSAT) between State of Karnataka vs. Sri Ramakrishna K. and others disposed of on 15.03.2022 and in WP No.9943/2024 (S-KSAT) between Sri Santosh Kumar vs. The Commissioner of Excise and others disposed off on 26.06.2024. 3. It has been a rule of administration of justice that, like cases should be decided alike and if relief is granted to a litigant, the same cannot be denied to similarly circumstanced litigant, subject to all just exceptions into which the argued case of respondent does not fit. In the above circumstances, this petition is allowed. Impugned Order of the Tribunal is set at naught and so also, the impugned office memorandum dated 20.07.2023 - 4 - NC: 2025:KHC:16275-DB WP No. 17201 of 2024 is quashed. A writ of Mandamus issues to the official respondents to release terminal benefits including pension, DCRG etc., within an outer limit of eight weeks failing which, delay shall carry monthly interest of 1% for the first two months and 2% for the period next following. However all this is subject to the outcome of the pending SLA (C) 15515/2021 before the Hon'ble Apex Court. It is made clear that whatever the condition in the Co-ordinate Bench judgments is stipulated, would apply to the case of petitioner too. No order as to costs. Sd/- (KRISHNA S DIXIT) JUDGE Sd/- (RAMACHANDRA D. HUDDAR) JUDGE SK List No.: 1 Sl No.: 42