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2025 DAILYLAW 45825 (KAR)

VIRUPAKSHAPPA MALAKAPPA PATRI v. MANAGING DIRECTOR

WP/10703/2024 · 2025-02-21

S G Pandit

body2025

Judgment text

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- 1 - NC: 2025:KHC:7994 WP No. 10703 of 2024 C/W WP No. 20898 of 2023 WP No. 26505 of 2023 AND 7 OTHERS IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO. 10703 OF 2024 (S-RES) C/W WRIT PETITION NO. 20898 OF 2023 (S-R) WRIT PETITION NO. 26505 OF 2023 (S-R) WRIT PETITION NO. 26593 OF 2023 (S-RES) WRIT PETITION NO. 26793 OF 2023 (S-RES) WRIT PETITION NO. 28629 OF 2023 (S-R) WRIT PETITION NO. 13334 OF 2024 (S-RES) WRIT PETITION NO. 16939 OF 2024 (S-RES) WRIT PETITION NO. 19420 OF 2024 (S-RES) AND WRIT PETITION NO. 31767 OF 2024 (S-RES) IN W.P. No. 10703/2024 BETWEEN: VIRUPAKSHAPPA MALAKAPPA PATRI S/O. MALAKAPPA, AGED ABOUT 74 YEARS, R/AT A BLOCK, III CROSS, BASAVESHWARANAGAR, HAVERI-581 110. …PETITIONER (BY SRI. SRINIVASA. K, ADVOCATE) AND: 1. MANAGING DIRECTOR KPTCL, KAVERI BHAVANA, BANGALORE - 560 009. Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:7994 WP No. 10703 of 2024 C/W WP No. 20898 of 2023 WP No. 26505 of 2023 AND 7 OTHERS 2. DIRECTOR (A AND HR) KPTCL, KAVERI BHAVANA, BANGALORE - 560 009. 3. THE EXECUTIVE ENGINEER (ELE) HESCOM, O AND M DIVISION, HAVERI - 581 110. …RESPONDENTS (BY SRI. CHANDRACHUD A, ADVOCATE FOR R1 AND R2; SRI. H.V. DEVRAJU ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATION OF THE PETITIONER DATED 25.03.2024 VIDE ANNEXURE-D AND TO GRANT ONE ANNUAL INCREMENT FOR THE YEAR OF SERVICE RENDERED BY THE PETITIONER FOR 01.05.2006 TO 30.04.2007 TO PROPERLY FIX HIS BASIC PAY AND TO PAY ALL THE CONSEQUENTIAL MONETARY/ RETIREMENT BENEFITS. IN W.P. NO. 20898/2023 BETWEEN: VENKATARAMU.C S/O CHIKKATHIMMAIAH, AGED ABOUT 75 YEARS, R/A NO. 173, RAJAGERE ROAD, NITTUR KUNIGAL, KEMPANAHALLI TUMKUR, RAJAGERE, TUMKUR - 572 126 ...PETITIONER (BY SRI. SRINIVASA. K, ADVOCATE) AND: THE DIRECTOR (A AND HR) KPTCL, CORPORATE OFFICE, CAUVERY BHAVAN, K.G.ROAD, BANGALORE - 560 009. ...RESPONDENT (BY SMT. RAKSHITHA D.J, ADVOCATE) - 3 - NC: 2025:KHC:7994 WP No. 10703 of 2024 C/W WP No. 20898 of 2023 WP No. 26505 of 2023 AND 7 OTHERS THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATION OF THE PETITIONER DATED 14.07.2023 VIDE ANNEXURE-C AND TO GRANT ONE ANNUAL INCREMENT FOR THE YEAR OF SERVICE RENDERED BY THE PETITIONER FROM 01.04.2005 TO 31.03.2006, TO PROPERLY FIX HIS BASIC PAY AND TO PAY ALL THE CONSEQUENTIAL MONETARY/RETIREMENT BENEFITS. IN W.P. NO. 26505/2023 BETWEEN: 1. SMT. VARALAKSHMI BAI, W/O LATE LAKSHMAN RAO, AGED 61 YEARS, RETIRED OFFICE ATTENDANT GRADE 1, R/AT NO 1662/9, RAILWAY PARALLEL ROAD, RAM MOHAN PURA, MALLESHWARAM BANGALORE – 560 021. 2. SRI. MADHUSUDHANA S/O H GOPAL RAO, AGED ABOUT 70 YEARS, RETIRED JUNIOR ENGINEER R/AT DHANYASHREE NILAYA 2ND CROSS, MALAVAGOPPA LEFT SIDE, NIDIGE, SHIVAMOGGA – 577 222. 3. SRI. SIDDA SHETTY, S/O THOTA SHETTY, AGED ABOUT 71 YEARS RETIRED SENIOR ASSISTANT R/AT SIDASHWARA NILAYA NO 410A, 1ST B MAIN, 1ST A CROSS, MANJUNATH NAGAR WEST OF CHORD ROAD BANGALORE – 560 010. ...PETITIONERS (BY SRI. DEVARAJ N, ADVOCATE) - 4 - NC: 2025:KHC:7994 WP No. 10703 of 2024 C/W WP No. 20898 of 2023 WP No. 26505 of 2023 AND 7 OTHERS AND: 1. THE MANAGING DIRECTOR KARNATAKA POWER TRANSMISSION CORPORATION LIMITED CAUVERI BHAVAN BANGALORE – 560 009. 2. THE GENERAL MANAGER / DIRECTOR (ADMN AND HRD), KARNATAKA POWER TRANSMISSION CORPORATION LIMITED CAUVERI BHAVAN, BANGALORE – 560 009. ...RESPONDENTS (BY SRI. ASWATHAPPA D, ADVOCATE FOR R1 AND R2) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R1 TO CONSIDER THE REPRESENTATIONS DATED 30/10/2023, 20/09/2023 AND 14/07/2023 RESPECTIVELY VIDE ANNEXURE-F1 TO F3 IN TERMS OF THE DIVISIONS BENCH JUDGMENT DATED 23/01/2020 PASSED IN THE CASE OF SRI. C.P. MUNDINAMANI AND OTHERS IN W.A. NO. 4193/2017 VIDE ANNEXURE-C AND JUDGMENT DATED 11/04/2023 PASSED BY THE HON’BLE SUPREME COURT OF INDIA IN CIVIL APPEAL NO. 2471/2023 VIDE ANNEXURE-D AND ALSO IN TERMS OF THE JUDGMENT DATED 13/09/2023 PASSED IN W.P. NO. 11822/2019 AND OTHER CONNECTED MATTERS VIDE ANNEXURE-G AND FURTHER TO DIRECT THE RESPONDENTS TO RE-FIX THE RETIRAL BENEFITS AFTER INCLUDING ONE ANNUAL INCREMENT AND TO FURTHER TO REFIX THE PENSION / FAMILY PENSION, ETC AFTER ADDING ONE ANNUAL INCREMENT AND PAY THE SAME ALONG WITH 18 PERCENT INTEREST PER ANNUM TILL THE DATE OF SETTLEMENT OF BENEFITS. IN W.P. NO. 26593/2023 BETWEEN: 1. SRI. B. GOVINDARAJU, S/O LATE DODDABAYYANNA AGED ABOUT 73 YEARS, RETIRED JUNIOR ENGINEER ELECTRICAL, - 5 - NC: 2025:KHC:7994 WP No. 10703 of 2024 C/W WP No. 20898 of 2023 WP No. 26505 of 2023 AND 7 OTHERS KPTCL, RPAR NO.15752, PENSION NO.KP/1516, R/O LOHITH NAGARA, KASABA HOBLI, NELAMANGALA TALUK, BENGALURU RURAL – 562 123. 2. SRI. B.C. HANUMANTHARAYA, S/O CHIKKAHANUMANTHAIAH, AGED ABOUT 70 YEARS, RETIRED MECHANICAL GRADE-II, BESCOM, RPAR NO. 200078, PENSION NO.BP-60, R/O BASAVANAHALLI VILLAGE, NELAMANGALA TALUK, BENGALURU RURAL – 562 123. 3. SRI. RANGASWAMY S/O PUTTAIAH, AGED ABOUT 67 YEARS, RETIREE MECHANIC GRANDE II, BESCOM RPAR NOL201718, PENSION NO. BP/1142, R/O NO.988, 1ST CROSS, VAJARAHALLI MAIN ROAD, SUBHASH NAGAR, NELAMANGALA TALUK, BENGALURU RURAL - 562 123. 4. SRI. VENKATESHAIAH. G S/O GANGAIAH, AGED ABOUT 71 YEARS, RETIRED JR ASSISTANT, BESCOM RPAR NO.21538 PENSION NO.BP/3177, R/O NO.12, DODDABERLE RAILWAY STATION, DODDABELE, NELAMANGALA TALUK, BENGALURU RURAL – 562 123. 5. SRI. GANGAIAH S/O LATE GANGAIAH, AGED ABOUT 70 YEARS, RETIRED JR ASSISTANT, BESCOM RPAR NO.200084, PENSION NO. BP/61, R/O 2ND MAIN, 2ND CROSS, - 6 - NC: 2025:KHC:7994 WP No. 10703 of 2024 C/W WP No. 20898 of 2023 WP No. 26505 of 2023 AND 7 OTHERS KANAKANAGAR, VV EXTENSION, HOSKOTE TALUK, BENGALURU RURAL – 562 114. 6. SRI. HANUMANTHAIAH S/O RANGAIAH, AGED ABOUT 69 YEARS, RETIRED SR MECHANIC, BESCOM RPAR NO.200524, PENSION NO.BP/365, R/O NO.5510, LAKSHMANAPPA LAYOUT, SUBHASHNAGAR, NELAMANGALA TALUK, BENGALURU RURAL – 562 123 7. SRI. BASAVARAJU M S S/O SAMPAIAH, AGED ABOUT 77 YEARS, RETIRE SR. ASSISTANT, BESCOM, RPAR NO.8540, PENSION NO. BP/623, R/O NO.221, 10TH CROSS, SUBHASHNAGAR EXTENSION, NELAMANGALA TALUK, BENGALURU RURAL – 562 123. 8. SRI. NAGARAJAIAH. N S/O NAGANNA, AGED ABOUT 68 YEARS, RETIRED JUNIOR ENGINEER (ELE), BESCOM, RPAR NO.201918, PENSION NO.BP/1267, R/O BEHIND LAKSHMI VENKATESHWARA TEMPLE, BASAVANAHALLI, NELAMANGALA TALUK, BENGALURU RURAL – 562 123. 9. SRI. HANUMAIAH K S/O HANUMAIAH, AGED ABOUT 69 YEARS, RETIRED SR MECHANIC, BESCOM RPAR NL200527, PENSION NO.BP/368, - 7 - NC: 2025:KHC:7994 WP No. 10703 of 2024 C/W WP No. 20898 of 2023 WP No. 26505 of 2023 AND 7 OTHERS R/O 5534, NEAR SUV RISE SCHOOL, THIMMASHETRAPPA LAYOUT, NELAMANGALA TALUK, BENGALURU RURAL – 562 123. 10. SRI. GANGAPPA N K S/O KARIYAPPA, AGED ABOUT 69 YEARS, RETIRED SR MECHANIC, BESCOM, RPAR NO.200606, PENSION NO BP/428, R/O KOOLIPURA VILLAGE, NELAMANGALA TALUK, BENGALURU RURAL – 562 123. 11. SRI. SATHYANARAYANA MURTHY S/O G SRIKANTHAIAH, AGED ABOUT 74 YEARS, RETIRED ASSISTANT, BESCOM RPAR NO.14389, PENSION NO.BP/1796, R/O NO.5821, ANUGRAHA, GOVINDAPPA LAYOUT, SUBHASHNAGAR, NELAMANGALA TALUK, BENGALURU RURAL – 562 123. 12. SRI. SHIVAPPA S G S/O LATE GUBBISHETTAPPA, AGED ABOUT 77 YEARS, RETIRED JUNIOR ENGINEER (ELE), BESCOM RPAR NO.9111, PENSION NO.BP/739, R/O SEETKAL POST AND VILLAGE, URDIGERE HOBLI, NELAMANGALA TALUK, BENGALURU RURAL – 562 123 ...PETITIONERS (BY SRI. SUBRAHMANYA P.D, ADVOCATE) AND: 1. THE MANAGING DIRECTOR, KPTCL, KPTCL CORPORATE OFFICE, - 8 - NC: 2025:KHC:7994 WP No. 10703 of 2024 C/W WP No. 20898 of 2023 WP No. 26505 of 2023 AND 7 OTHERS KAVERI BHAVAN, BENGALURU – 560 009. 2. THE DIRECTOR ADMINISTRATION AND HUMAN RESOURCES, CORPORATE OFFICE KPTCL, CAUVERY BHAVAN, BANGALORE – 560 009. 3. THE GENERAL MANAGER ADMINISTRATION AND HUMAN RESOURCES, CORPORATE OFFICE, BESCOM K R CIRCLE, BENGALURU – 560 009. ...RESPONDENTS (BY SRI. A. CHANDRACHUD, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-DIRECT THE RESPONDENTS TO RE-FIX THE SALARY OF THE PETITIONERS BY GRANTING ONE ANNUAL INCREMENT ACCRUED TO THEM ON THE DATE OF RETIREMENT ON COMPLETION OF ONE YEAR SERVICE IMMEDIATELY PRECEDING THE DATE OF RETIREMENT AND CONSEQUENTLY, ALSO REFIT AND PAY THEIR PENSION ALONG WITH THE ARREARS OF SALARY AND PENSION ACCRUED SO FAR OR IN THE ALTERNATIVELY DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATION SUBMITTED BY THE PETITIONER NO.12 DATED 11.10.2023 ANNEXURE-P AND THE REPRESENTATION SUBMITTED BY THE PETITIONERS NO.1 TO 11 DATED 30.10.2023 ANNEXURE-P1 TO P11 FOR RE-FIXATION OF SALARY OF THE PETITIONERS BY GRANTING ONE ANNUAL INCREMENT ACCRUED TO THEM ON THE DATE OF RETIREMENT ON COMPLETION OF ONE YEAR SERVICE IMMEDIATELY PRIOR TO THE DATE OF RETIREMENT AND CONSEQUENTLY, ALSO REFIT AND PAY THEIR PENSION ALONG WITH THE ARREARS OF SALARY AND PENSION ACCRUED SO FAR. IN W.P. NO. 26793/2023 BETWEEN: 1. BASAVARAJA M.M S/O MURUGAPPA, AGED ABOUT 81 YEARS, R/A NUMBER 36, 60 FEET, - 9 - NC: 2025:KHC:7994 WP No. 10703 of 2024 C/W WP No. 20898 of 2023 WP No. 26505 of 2023 AND 7 OTHERS A.P.M YARD ROAD, 5TH CROSS, 2ND STAGE, VINOBA NAGAR, NEAR PARSHVANATHA PARK, SHIVAMOGGA – 577 204. 2. B. SHIVANANDAIAH S/O BASAPPA, AGED ABOUT 78 YEARS, R/A NUMBER SHIVAGANGA, 2ND STAGE, 4TH CROSS, SHUBHAMANGALA KALYANA MANDIRA, 60 FEET ROAD, VINOBANAGARA SHIVAMOGGA – 577 204. 3. M. MAHADEVAPPA S/O LATE S. MADAIAH, AGED ABOUT 70 YEARS, R/AT 4TH CROSS, RIGHT TO MNC GANAPATHY TEMPLE ROAD, HOSAMANE, BHADRAVATHY, SHIVAMOGGA – 577 301. ...PETITIONERS (BY SRI. SRINIVASA K.,ADVOCATE) AND: THE DIRECTOR (A AND HR) KPTCL, CORPORATE OFFICE, CAUVERY BHAVAN, K.G.ROAD, BANGALORE – 560 009. ...RESPONDENT (BY SRI. CHANDRACHUD A, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENTS TO CONSIDER THE REPRESENTATION OF THE PETITIONERS DATED 05/06/2023, 09/08/2023 AND 26/05/2023 VIDE ANNEXURE-D, D1 AND D2 RESPECTIVELY AND TO SANCTION ONE ANNUAL INCREMENT FOR THE LAST YEAR OF SERVICE RENDERED BY THE PETITIONERS AS ON THE DATE OF THEIR RETIREMENT WITH ALL OTHER CONSEQUENTIAL MONETARY BENEFITS INCLUDING PROPER FIXATION OF BASIC, PAYMENT OF DIFFERENCE AND ARREARS OF DCRG, PENSION ARREARS ETC. - 10 - NC: 2025:KHC:7994 WP No. 10703 of 2024 C/W WP No. 20898 of 2023 WP No. 26505 of 2023 AND 7 OTHERS IN W.P. NO. 28629/2023 BETWEEN: K.N. GURUPRASAD S/O K V NAGASUNDARA MURTHY, AGED ABOUT 63 YEARS, RETD. ASSISTANT (GROUP-C) CHAMUNDESHWARI ELECTRICITY SUPPLY COMPANY LIMITED, (CESCOM) CORPORATE OFFICE, NO.29, VIJAYANAGARA 2ND STAGE, HINKAL, MYSURU - 570 017. R/AT NO. 237, 4TH CROSS, NEAR JYOTHI SCHOOL, NIMISHAMBA LAYOUT, MYSURU - 570 023 ...PETITIONER (BY SRI. MURALIDHAR K.B, ADVOCATE) AND: 1. KARNATAKA POWER TRANSMISSION CORPORATION LTD., KPTCL (KPTCL) BY ITS MANAGING DIRECTOR, CAUVERY BHAVAN, K G ROAD, BENGALURU 560 009. 2. CHAMUNDESHWARI ELECTRICITY SUPPLY COMPANY LTD (CESCOM) BY ITS MANAGING DIRECTOR, CORPORATE OFFICE, NO. 29, VIJAYANAGARA 2ND STAGE, HINKAL, MYSURU - 570 017. 3. GENERAL MANAGER (ADMINISTRATION AND HUMAN RESOURCES) CHAMUNDESHWARI ELECTRICITY SUPPLY COMPANY LTD., (CESCOM) CORPORATE OFFICE, - 11 - NC: 2025:KHC:7994 WP No. 10703 of 2024 C/W WP No. 20898 of 2023 WP No. 26505 of 2023 AND 7 OTHERS NO. 29, VIJAYANAGAR 2ND STAGE, HINKAL, MYSURU - 570 017. ...RESPONDENTS (BY SRI. CHANDRACHUD. A, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH THE IMPUGNED ENDORSEMENT BEARING NO. CHAA. VI.SA. SA.NI/ AAM.NI/ 06/2023-24/10439 DTD 13.09.2023 ISSUED BY THE R3 ANNEXURE-F, HOLDING THE SAME AS ILLEGAL, BAD IN LAW, ARBITRARY ONE DIRECT THE RESPONDENTS TO RE-FIX THE SALARY OF THE PETITIONER BY GRANTING HIM THE ADDITIONAL ANNUAL INCREMENT AND CONSEQUENTLY, RE-FIX HIS BASIC PENSION, DCRG, COMMUTATION VALUE OF PENSION, FAMILY PENSION AND PAY THE ARREARS OF PENSION AND PENSIONARY BENEFITS ACCRUED SINCE HIS RETIREMENT. IN W.P. NO. 13334/2024 BETWEEN: 1. SRI. C. RAMAIAH S/O LATE CHIKKARANGAIAH, AGED ABOUT 79 YEARS, RETIRED JUNIOR ASSISTANT, KPTCL RPAR NO. 7347, PENSION NO. BLP/385, R/O SHANIKGHATTA, RAMANGARA TALUK AND DIST – 562 131. 2. SMT. PARVATHI BAI W/O LATE VENKOBA RAO D, AGED ABOUT 68 YEARS, KPTCL, RPAR NO 11396, W P NO BDAR/3786 R/O 362, 4TH CROSS, CHANNAPPA LAYOUT, NELAMANGALA TOWN, BENGALURU RURAL DISTRICT - 562 123. ...PETITIONERS (BY SRI. SUBRAHMANYA P.D, ADVOCATE) - 12 - NC: 2025:KHC:7994 WP No. 10703 of 2024 C/W WP No. 20898 of 2023 WP No. 26505 of 2023 AND 7 OTHERS AND: 1. THE MANAGING DIRECTOR KPTCL, CORPORATE OFFICE, KAVERI BHAVAN, BENGALURU 560009 2. THE DIRECTOR ADMINISTRATION AND HUMAN RESOURCES, CORPORATE OFFICE, KPTCL, CAUVERY BHAVAN, BANGALORE – 560 009. ...RESPONDENTS (BY SRI. CHANDRACHUD A, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENTS TO RE-FIX THE SALARY BY GRANTING ONE ANNUAL INCREMENT ACCRUED ON THE DATE OF RETIREMENT ON COMPLETION OF ONE YEAR SERVICE IMMEDIATELY PROCEEDING THE DATE OF RETIREMENT AND CONSEQUENTLY , ALSO REFIT AND PAY THEIR PENSION ALONG WITH THE ARREARS OF SALARY AND PENSION ACCRUED SO FAR, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. IN W.P. NO. 16939/2024 BETWEEN: G. NARAYANAPPA S/O NAGARI GOVINDAPPA, AGED ABOUT 66 YEARS, RESIDING AT MIG 601, KHB SURYANAAR 1ST PHASE, CHANDAPURA, BENGALURU – 560 081. ...PETITIONER (BY SRI. SRINIVASA .K, ADVOCATE) AND: 1. THE MANAGING DIRECTOR KPTCL, CORPORATE OFFICE, CAUVERY BHAVAN, - 13 - NC: 2025:KHC:7994 WP No. 10703 of 2024 C/W WP No. 20898 of 2023 WP No. 26505 of 2023 AND 7 OTHERS K G ROAD, BENGALURU – 560 009. 2. THE DIRECTOR (A AND HR) KPTCL, CORPORATE OFFICE, CAUVERY BHAVAN, K G ROAD, BENGALURU – 560 009. ...RESPONDENTS (BY SRI. CHANDRACHUD A.,ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATIONS OF THE PETITIONER DATED 09.06.2023 VIDE ANNEXURE-C AND TO GRANT ONE ANNUAL INCREMENT FOR THE YEAR OF SERVICE RENDERED BY THE PETITIONER FROM 01.08.2017 TO 31.07.2018, TO PROPERLY FIX HIS BASIC PAY AND TO PAY ALL THE CONSEQUENTIAL MONETARY/RETIREMENT BENEFITS. IN W.P. NO. 19420/2024 BETWEEN: 1. K. RAMAIAH S/O KARIYAPPA, AGED ABOUT 77 YEARS, NO. 5, 1ST CROSS, 10TH MAIN, YELACHANALLI WARD, K.S. LAYOUT, YELACHANALLI, BANGALORE – 560 076. 2. G.S. ANANDA KRISHNA S/O SUBBA RAO, AGED ABOUT 70 YEARS, FLAT NO 408, EXPERIA APARTMENT, KOTHNUR MAIN ROAD, J.P NAGAR, 7TH PHASE, BANGALORE – 560 078. 3. B K BHAIRAKKANAVAR S/O KAMAPPA S BHAIRAKKANAVAR, AGED ABOUT 67 YEARS, PLOT NO. 82, A BLOCK, MANJUNATH NAGAR, - 14 - NC: 2025:KHC:7994 WP No. 10703 of 2024 C/W WP No. 20898 of 2023 WP No. 26505 of 2023 AND 7 OTHERS HAVERI POST, HAVERI TALUK AND DISTRICT – 581 110. 4. S.C. CHIKKAMATH S/O CHANNAVEERA SWAMY CHIKKMATH, AGED ABOUT 75 YEARS, NO 348, SWATHI, BASAVESHVARA NAGAR, B BLOCK, 11TH CROSS, HAVERI – 581 110. 5. K. MANJAPPA, S/O LATE KARIBASAPPA GUDVI, AGED ABOUT 63 YEARS, MANJUGIRI NILAYA, S.R.S LAYOUT, KELADI ROAD, SAGARA – 577 40, SHIVAMOGA DISTRICT. 6. B.M. THIPPESWAMY S/O LATE B.M UDDANAIAH, AGED ABOUT 74 YEARS, D.NO. 138/288, BASAVESHWARA NAGAR, 2ND MAIN, RENUKACHAR ROAD, BALLARY PIN – 583 103. 7. K. LAKSHMANA S/O LATE BASANNA AGED ABOUT 68 YEARS, PLOT NO 13 AND 16M, 19TH WARD, SRI NAGALINGESHWARA NILAYA, GOLLANARASAPPA COLONY, S.N.PETE, ROYAL COLONY ROAD, BALLARY- PIN – 583 101. 8. G. VIJAYAKUMAR S/O LATE G CHANNABASAPPA AGED ABOUT 74 YEARS, GESCOM, O AND M DIVISION, SHUBAMANGALA 2ND MAIN, 4TH CROSS, BASAVESHWAR NAGAR, BALLARY – 583 103 - 15 - NC: 2025:KHC:7994 WP No. 10703 of 2024 C/W WP No. 20898 of 2023 WP No. 26505 of 2023 AND 7 OTHERS 9. Y. ERANNA S/O ERAGANNA AGED ABOUT 71 YEARS, O AND M RSD BALLARY ROAD, GESCOM, 23RD WARD, NEAR FIRE OFFICE, BALLARY ROAD, KARUGOODU. 10. D. ERANNA S/O LATE CT ERAPPA, AGED ABOUT 70 YEARS, ALLAM LAYOUT, 5TH CROSS, MOKA ROAD, BALLARY. 11. ABBDUL SATTAR S/O LATA RASSOL SAB AGED ABOUT 74 YEARS, KATTADAPALLI, MD DIVISION, BALLARY – 583 103. 12. SRI . CHANNARAYAPPA S/O LATE. CHIKKADASAPP, AGED ABOUT 84 YEARS, RESIDING AT NO.E-266, 'A BLOCK, ITI COLONY, DOORAVANINAGAR, NEAR VIDYAMANDIR CENTRAL SCHOOL, NORTH FIRST LANE, BANGALORE – 560 016. 13. B. NANDEESHAPPA S/O LATE. BASANNA AGED ABOUT 78 YEARS , ESIDING AT NO.679, 6TH A MAIN, HAL III STAGE, BANGALORE - 560 076. ...PETITIONERS (BY SRI. SRINIVASA K, ADVOCATE) AND: 1. THE MANAGING DIRECTOR KPTCL, CORPORATE OFFICE, CAUVERY BHAVAN, BANGALORE - 560 009. - 16 - NC: 2025:KHC:7994 WP No. 10703 of 2024 C/W WP No. 20898 of 2023 WP No. 26505 of 2023 AND 7 OTHERS 2. THE DIRECTOR (A AND HR) KPTCL CAUVERY BHAVAN BANGALORE - 560 009 ...RESPONDENTS (BY SRI. CHANDRACHUD A, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO 1. DIRECTING THE RESPONDENTS TO CONSIDER THE REPRESENTATION OF THE PETITIONERS DATED. 19.12.2023 VIDE ANNEXURE-Q AND TO GRANT ONE ANNUAL INCREMENT FOR THE LAST YEAR OF SERVICE RENDERED BY THE PETITIONERS, AND TO PROPERLY FIX THEIR BASIC PAY AND TO PAY ALL THE CONSEQUENTIAL DIFFERENCE OF MONETARY/RETIREMENT BENEFITS. IN W.P. NO. 31767/2024 BETWEEN: 1. R. A. GURANNI, ABDUL KAREEM KAHAN F R KHAN , 4/4 F CROSS ROAD, OLD GURAPPANA PALYA, BISMILLANGAR, NEAR LILLY ENGLISH SCHOOL, 1ST STAGE, BTM LAYOUT, BENGALURU. 2. N. A. GURANNI AMEER KAHAN F R KAHAN 4/4 F CROSS ROAD, OLD GURAPPANA PALYA, BISMILLANGAR, NEAR LILLY ENGLISH SCHOOL, 1ST STAGE, BTM LAYOUT, BENGALURU. ...PETITIONERS (BY SRI. SRINIVASA. K, ADVOCATE) AND: 1. THE MANAGING DIRECTOR KPTCL CORPORATE OFFICE, - 17 - NC: 2025:KHC:7994 WP No. 10703 of 2024 C/W WP No. 20898 of 2023 WP No. 26505 of 2023 AND 7 OTHERS CAUVERY BHAVAN, K.G. ROAD, BENGALURU. 2. THE DIRECTOR, A AND HR KPTCL ,CORPORATE OFFICE, CAUVERY BHAVAN, K.G. ROAD, BENGALURU. ...RESPONDENTS (BY SRI. K. KIRAN KUMAR, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATIONS OF THE PETITIONER DATED. 24.07.2023 VIDE ANNX-E AND F AND TO GRANT ONE ANNUAL INCREMENT FOR THE YEAR OF SERVICE RENDERED BY THE PETITIONER FROM 01.06.2007 TO 31.05.2008 AND FROM 01.04.2005 TO 31.03.2006 RESPECTIVELY, TO PROPERLY FIX THEIR BASIC TO RECALCULATE THE TERMINAL BENEFITS AND TO ALL THE CONSEQUENTIAL MONETARY/ RETIREMENT BENEFITS. THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.G.PANDIT ORAL ORDER The petitioners, who are retired employees of the respondent-KPTCL are before this Court under Article 226 of the Constitution of India praying for a direction to consider their representations and to grant one annual increment for completed one year of satisfactory service immediately prior to their retirement in terms of the decision of the Hon'ble Apex Court in the case of - 18 - NC: 2025:KHC:7994 WP No. 10703 of 2024 C/W WP No. 20898 of 2023 WP No. 26505 of 2023 AND 7 OTHERS DIRECTOR (ADMINISTRATION AND HUMAN RESOURCES) KPTCL AND OTHERS V/S C.P.MUNDINAMANI AND OTHERS1. 2. Heard learned counsel Sri.Srinivasa K, Sri.Devaraj N., Sri.Subramanya P.D. and Sri.Muralidhar K.B., for petitioners and Sri.A.chandrachud, Sri.H.V.Devaraju, Smt.Rakshitha D.J., Sri.Aswathappa D., and Sri.Kiran Kumar, learned counsels for respondents-KPTCL, HESCOM in all the writ petitions. Perused the entire writ petition papers. 3. All the petitioners are retired employees of respondent-KPTCL and their date of retirement and due date of increment of each of the writ petitioner is as follows: Petitioner/s in Date of Retirement Due date of increment W.P.No.10703/2024 Virupakshappa Malakappa Patri 01.05.2006 01.05.2007 W.P.No.28629/2023 K.N.Guruprasad 31.12.2020 01.01.2021 W.P.No.13334/2024 1.Sri.C.Ramaiah 2.Smt.Parvathi Bai (1) 30.06.2003 (2)31.12.2004 (1) 01.07.2003 (2) 01.01.2005 1 (2023) 14 SCC 411 - 19 - NC: 2025:KHC:7994 WP No. 10703 of 2024 C/W WP No. 20898 of 2023 WP No. 26505 of 2023 AND 7 OTHERS W.P.No.16939/2024 Sri.G.Narayanappa 31.07.2018 01.08.2018 W.P.19420/2024 Shriyuths 1.K.Ramaiah 2.G.S.Ananda Krishna 3.B.K.Bhairakkanavar 4.S.C.Chikkmath 5.K.Manjappa 6.M.Thippeswamy 7.K.Lakshmana 8.G.Vijayakumar 9.Y.Eranna 10.D.Eranna 11.Abbdul Sattar 12.Channarayappa 13.B.Nandeeshappa (1)31.03.2006 (2)31.03.2014 (3)30.04.2018 (4)31.12.2006 (5)31.12.2021 (6)30.06.2008 (7)30.06.2016 (8)30.06.2011 (9)30.06.2014 (10)30.06.2014 (11)31.07.2010 (12)31.03.1998 (13)31.03.2005 (1)01.04.2006 (2)01.04.2014 (3)01.05.2018 (4)01.01.2007 (5)01.01.2022 (6)01.07.2008 (7)01.07.2016 (8)01.07.2011 (9)01.07.2014 (10)01.07.2014 (11)01.08.2010 (12)01.04.1998 (13)01.04.2005 W.P.No.26593/2023 Shriyuths: 1.B.Govindaraju 2.B.C.Hanumantharaya 3.Rangaswamy 4.Venkateshaiah G 5.Gangaiah 6.Hanumanthaiah 7.Basavaraju M.S. 8.Nagarajaiah N 9.Hanumaiah K 10.Gangappa N.K. 11.Sathyanarayana Murthy 12.Shivappa S.G. (1)30.06.2008 (2)31.03.2012 (3)31.03.2016 (4)31.03.2012 (5)31.07.2013 (6)31.03.2014 (7)31.03.2004 (8)31.03.2015 (9)31.03.2014 (10)30.04.2014 (11)31.03.2007 (12)31.03.2004 (1)01.07.2008 (2)01.04.2012 (3)01.04.2016 (4)01.04.2012 (5)01.04.2013 (6)01.04.2014 (7)01.04.2004 (8)01.04.2015 (9)01.04.2014 (10)01.05.2014 (11)01.04.2007 (12)01.04.2004 W.P.No.26793/2023 1.M.N.Basavaraj 2.Shivanandaiah 3.M.Mahadevappa (1)31.03.2000 (2)31.05.2003 (3)31.03.2013 (1)01.04.2000 (2)01.06.2003 (3)01.04.2013 W.P.No.26505/2023 Shriyuths: 1.Varalakshmi Bai 2.H.Madhusudana 3.Siddashetty (1)31.12.2022 (2)31.03.2013 (3)31.03.2012 (1)01.01.2023 (2)01.04.2013 (3)01.04.2012 W.P.No.20898/2023 Sri.Venkataramu G 31.03.2006 01.04.2006 4. Learned counsel for the petitioners would submit that every employee would be entitled for one increment on satisfactory completion of one year of service. All the - 20 - NC: 2025:KHC:7994 WP No. 10703 of 2024 C/W WP No. 20898 of 2023 WP No. 26505 of 2023 AND 7 OTHERS petitioners have completed one year of service and on the next day, they retired from service of the respondent- Corporation. But the increment for the completed one year of service is not sanctioned, as such they submitted representations subsequent to the decision of the Hon'ble Apex Court in MUNDINAMNI case referred to supra. Learned counsel for the petitioners would submit that the representations are pending consideration and in one of the writ petitions, endorsement has been issued informing that the said MUNIDANAMANI case would not apply to the cases of the petitioners. Learned counsel would submit that MUNDINAMANI case relates to KPTCL, wherein the Hon'ble Apex Court considering the relevant regulation of respondent-KPTCL has held that the Division Bench of the High Court has rightly directed the appellant i.e., KPTCL to grant one annual increment which the petitioners earned on the last day of their service for rendering the service preceding one year from the date of retirement. Learned counsels also submit that the reviews filed by the - 21 - NC: 2025:KHC:7994 WP No. 10703 of 2024 C/W WP No. 20898 of 2023 WP No. 26505 of 2023 AND 7 OTHERS respondent-KPTCL against the said decision of the Hon'ble Apex Court are dismissed on 31.07.2024 as well as on 18.12.2024. Therefore, they prayed for a direction to consider their one year satisfactory service prior to their retirement and to sanction one increment in the light of the decision of the Hon'ble Apex Court in MUNDINAMANI case. 5. Per contra, learned counsel Sri.A.Chandrachud as well as Sri.Aswathappa along with Smt.Rakshitha D.J. for the respondent-KPTCL and BESCOM would vehemently oppose the prayer of the petitioners contending that though review petitions filed by the respondent-KPTCL are dismissed, review filed by the UNION OF INDIA in similar petitions is pending wherein the Hon'ble Apex Court referring the case of MUNDINAMANI has passed interim order, by issuing certain directions. It is also submitted that the directions issued therein would not apply to the cases of the petitioners. Further, learned counsel would submit that the review filed by the UNION OF INDIA is - 22 - NC: 2025:KHC:7994 WP No. 10703 of 2024 C/W WP No. 20898 of 2023 WP No. 26505 of 2023 AND 7 OTHERS pending and until the said review is not disposed of, no relief could be granted to the petitioner based on MUNDINAMANI case. 6. Learned counsel Sri.Aswathappa refers to UNION OF INDIA AND ANOTHER v/s. M.SIDDARAJU in Dairy No.2400/2024, and submits that the same is pending wherein the Hon'ble Apex Court has noticed MUNDINAMANI case. Therefore, it is his submission that at this point of time, the petitioners would not be entitled for any relief. 7. Having heard the learned counsel for the parties and on perusal on the entire writ petition papers, I am of the view that the petitioners would be entitled for a writ of mandamus, directing the respondents to consider their representations and to sanction one increment for the satisfactory completion of one year prior to their retirement in the light of the decision of the Hon'ble Apex Court in MUNDINAMANI case. - 23 - NC: 2025:KHC:7994 WP No. 10703 of 2024 C/W WP No. 20898 of 2023 WP No. 26505 of 2023 AND 7 OTHERS 8. In MUNDINAMANI case (supra), one increment for satisfactory completion of one year prior to retirement was denied in terms of Regulation 40(1) of Karnataka Electricity Board Employees Service Regulations, 1997 (for short “1997 Regulations”), challenging the denial, the appellant therein was before this Court in the writ petition wherein the learned single judge dismissed the claim of the petitioner therein. The same was taken up in writ appeal and the said writ appeal was allowed, directing the respondents herein to grant one annual increment to the respective employees by observing that respective employees have earned one increment by rendering one year of satisfactory service prior to their retirement. The said judgment of the Division Bench was taken up to Hon'ble Supreme Court and the Hon'ble Supreme Court dismissed the same i.e. MUNDINAMANI case. 9. The respondent-KPTCL filed two review petitions against the said MUNDINAMANI case in R.P.(C) No.001510/2024 which was dismissed on 31.07.2024 and - 24 - NC: 2025:KHC:7994 WP No. 10703 of 2024 C/W WP No. 20898 of 2023 WP No. 26505 of 2023 AND 7 OTHERS the second review petition in R.P.(C) No.36418/2024 was dismissed by order dated 18.12.2024 holding that there is no error apparent on the face of the record, warranting reconsideration of the order under review. 10. Learned counsel Sri.Aswathappa submitted that the UNION OF INDIA has filed review in identical petition and noting MUNDINAMANI case, the Hon'ble Supreme Court has passed interim order in Miscellaneous Application Dairy No.2400/2024 in UNION OF INDIA AND ANOTHER v/s M.SIDDARAJU, by issuing certain directions, which reads as follows: “To prevent any further litigation and confusion, by way of an interim order we direct that: (a) The judgment dated 11.04.2023 will be given effect to in case of third parties from the date of the judgment, that is, the pension by taking into account one increment will be payable on and after 01.05.2023. Enhanced pension for the period prior to 31.04.2023 will not be paid. - 25 - NC: 2025:KHC:7994 WP No. 10703 of 2024 C/W WP No. 20898 of 2023 WP No. 26505 of 2023 AND 7 OTHERS (b) For persons who have filed writ petitions and succeeded, the directions given in the said judgment will operate as res judicata, and accordingly, an enhanced pension by taking one increment would have to be paid. (c) The direction in (b) will not apply, where the judgment has not attained finality, and cases where an appeal has been preferred, or if filed, is entertained by the appellate court. (d) In case any retired employee has filed any application for intervention/ impleadment in Civil Appeal No.3933/2023 or any other [w and a beneficial order has been passed, the enhanced pension by including one increment will be payable from the month in which the application for intervention/ impleadment was filed.” In the above interim order, the Hon'ble Apex Court referring to MUNDINAMANI case has issued three directions. Direction No.(a) would apply to the present case. The judgment in MUNDINAMANI case is dated 11.04.2023. All the petitioners herein have retired long back and they have approached this Court pursuant to the decision of MUNDINAMANI case. The above interim - 26 - NC: 2025:KHC:7994 WP No. 10703 of 2024 C/W WP No. 20898 of 2023 WP No. 26505 of 2023 AND 7 OTHERS direction at (a) would make it clear that the judgment in MUNDINAMANI case would be made effective, in case of 3rd parties from the date of judgment. The petitioners are 3rd parties and they are not parties to MUNDINAMANI case, though they are employees of respondent-KPTCL. The petitioners would be entitled for one increment for satisfactory completion of one year as on the date of their retirement on or after 01.05.2023, the date on which, MUNDINAMANI judgment was passed. Further, as observed by Hon'ble Apex Court in interim direction at (a) above, the petitioners would not be entitled for enhanced pension for the period prior to 31.04.2023. 11. In the light of the above, the following direction: (a) The respondents are directed to consider the representation dated 25.03.2024 (Annexure-D) in W.P.No.10703/2024; representation dated 22.08.2023 (which was rejected) in W.P.No.28629/2023; representation dated 08.01.2024 in W.P.No.13334/2024 (Annexure-E); representation dated 09.06.2023 in - 27 - NC: 2025:KHC:7994 WP No. 10703 of 2024 C/W WP No. 20898 of 2023 WP No. 26505 of 2023 AND 7 OTHERS W.P.No.16939/2024 (Annexure-C); representation dated 19.12.2023 in W.P.No.19420/2024 (Annexure-Q); representations dated 24.07.203 in W.P.No.31767/2024 (Annexures-E and F); representation dated 30.10.2023 submitted by petitioners No.1 to 11 (Annexure-P1 to P11) and 11.10.2023 (Annexure-P) submitted by petitioner No.12 in W.P.No.26593/2023; representations dated 05.06.2023, 09.08.2023 and 26.05.2023 in W.P.No.26793/2023 (Annexures-D, D1 and D2); representations dated 30.10.2023, 20.09.2023 and 14.07.2023 in W.P.No.26505/2023 (Annexures-F1, F2 and F3); representation dated 14.07.2023 in W.P.No.20898/2023 (Annexure-C), wherein the petitioners have requested for grant of one increment on satisfactory completion of one year prior to their retirement in the light of MUNDINAMANI case and pass appropriate order; (b) The petitioners would be entitled for one increment only on and after 01.05.2023 and they would not be entitled for enhanced pension prior to 31.04.2023. - 28 - NC: 2025:KHC:7994 WP No. 10703 of 2024 C/W WP No. 20898 of 2023 WP No. 26505 of 2023 AND 7 OTHERS With the above, all the writ petitions stand disposed of. Time for compliance: Three months from today. Sd/- (S.G.PANDIT) JUDGE MPK List No.: 1 Sl No.: 4