- 1 - HC-KAR NC: 2025:KHC:23689 WP No. 24837 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 24837 OF 2024 (S-RES) BETWEEN: 1. SHRI JANARDHAN K G S/O GOVIND SETTY AGED ABOUT 61 YEARS RETD. ASSOCIATE PROFESSOR IN CHEMISTRY VIJAYA COLLEGE, BENGALURU-560004 R/AT NO.702, IST BLOCK SOBAGU, BANASHANKARI 6TH STAGE, RAJARAJESHWARINAGAR POST BENGALURU-560098 SENIOR CITIZENSHIP NOT CLAIMED. 2. SHRI. MAHESH ARVIND S/O SOMASHEKAR AGED ABOUT 61 YEARS RETD. ASSOCIATE PROFESSOR IN CHEMISTRY VIJAYANAGAR COLLEGE BENGALURU-560004 R/AT NO.748, 1-C MAIN, 6TH CROSS 2ND PHASE GIRINAGAR BENGALURU-560085. SENIOR CITIZEN NOT CLAIMED …PETITIONERS (BY SRI. NANJA REDDY P N., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY EDUCATION DEPARTMENT (HIGHER EDUCATION) Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:23689 WP No. 24837 of 2024 DR AMBEDKAR VEEDHI BENGALURU-560001. 2. THE COMMISSIONER FOR COLLEGIATE AND TECHNICAL EDUCATION K R CIRCLE, BENGALURU-560001. 3. THE DIRECTOR FOR COLLEGIATE AND TECHNICAL EDUCATION K R CIRCLE, BENGALURU-560001. 4. THE ADDL. DIRECTOR FOR COLLEGIATE AND TECHNICAL EDUCATION PALACE ROAD, BENGALURU-560001. …RESPONDENTS (BY SRI. B J ESWARAPPA AGA., FOR R1 TO R4) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE CIRCULAR BEARING NO.CED.38.OTHERS.2021- 22.VA AND NI DATED 06.01.2022 (ANNEXURE-S) ISSUED BY THE 2ND RESPONDENT IN SO FAR AS THE PETITIONER IS CONCERNED AS THE SAME IS ILLEGAL, ARBITRARY 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 It is submitted at the Bar that the issues raised in this writ petition are covered by a decision rendered by a Co-ordinate Bench of this Court in W.P.No.7871/2022 C/w. W.P.No.4813/ 2022 disposed of on 11.04.2023. - 3 - HC-KAR NC: 2025:KHC:23689 WP No. 24837 of 2024 2. The learned counsel for the petitioners submits that since the petitioners are retired from the service, the amount has been withheld from the retirement benefits. In the light of the above, the following order is passed: (i) The writ petition is allowed. (ii) The impugned Circular dated 06.01.2022 vide Annexure S and the communications directing recovery of the amounts dated 02.03.2024 and 17.05.2024, vide Annexures-K and N are quashed. (iii) The respondents are directed to refund the amount to the petitioners within six weeks from the date of receipt of a certified copy of this order. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM LIST NO.: 1 SL NO.: 54