- 1 - HC-KAR NC: 2025:KHC-D:17695 WP No. 100667 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 9TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 100667 OF 2025 (S-RES) BETWEEN: SRI. A.H. MAKANDAR, AGE 69 YEARS, RETIRED JR. ENGINEER R/O. BARAIMAN GALLI, CHIKKODI, DIST. BELAGAVI-591201 … PETITIONER (BY SRI. RAMACHANDRA A MALI, ADVOCATE) AND: 1. THE HUBLI ELECTRICITY SUPPLY CO.LTD (HESCOM), (WHOLLY OWNED GOVT. OF KARNATAKA UNDERTAKING) NAVANAGAR P.B.ROAD, NAVANAGAR, HUBBALLI-580025, REP. BY ITS MANAGING DIRECTOR. 2. THE CHIEF ENGINEER (ELE), HESCOM, BELAGAVI ZONE, NEHRU NAGAR, BELAGAVI, DIST. BELAGAVI-590001. 3. THE SUPERINTENDING ENGINEER (ELE), O AND M DIVISION HESCOM, CHIKKODI, DIST. BELAGAVI-591201. 4. EXECUTIVE ENGINEER (ELE), O AND M DIVISION HESCOM, GHATAPRABHA DIST. BELAGAVI-59130. Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:17695 WP No. 100667 of 2025 5. THE SUPERINTENDING ENGINEER (ELE), O AND M CIRCLE, HESCOM, BAGALKOT, DIST. BAGALKOT-587101. 6. EXECUTIVE ENGINEER (ELE), O AND M DIVISION, HESCOM, JAMAKHANDI, DIST. BAGALKOT-587301. … RESPONDENTS (BY SRI. B.S. KAMATE, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER WRIT OR ORDER IN THE LIKE NATURE DIRECTING THE RESPONDENT AUTHORITIES HEREIN TO FORTHWITH SETTLE, SANCTION AND DISBURSE THE BALANCE TERMINAL AND OTHER MONETARY BENEFITS ADMISSIBLE TO THE PETITIONER AMOUNTS PAYABLE TO THE PETITIONER TOWARDS EARNED LEAVE ENCASHMENT, SALARY ARREARS FOR THE SUSPENSION PERIOD (FROM 11-4-2011 TO 10-9-2012), DIFFERENCE OF PAY ON PROMOTION, SALARY ARREARS FOR THE PERIOD FROM 16-9-2012 TO 29-5-2013 WHICH AS TREATED AS LWP ETC ALONG WITH INTEREST 12 / P.A. FROM THE DATE OF HIS RETIREMENT TILL THE DATE OF PAYMENT AS PER THE STATEMENT VIDE ANNEX-H DATED 25.10.2024 AND J IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: - 3 - HC-KAR NC: 2025:KHC-D:17695 WP No. 100667 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court seeking the following prayer: “WHEREFORE the petitioner prays as under:- i. Issue a writ of Mandamus or any other writ or order in the like nature directing the respondent authorities herein to forthwith settle, sanction and disburse the balance terminal and other monetary benefits admissible to the petitioner amounts payable to the petitioner towards Earned Leave Encashment, Salary Arrears for the suspension period (from 11-4-2011 to 10-9-2012), difference of pay on promotion, salary arrears for the period from 16-9-2012 to 29-5-2013 which was treated as LWP etc along with interest @ 12% р.а. from the date of his retirement till the date of payment as per the statement vide Annex-H dated 25-10-2424 & J in the interest of the justice and equity. ii. Grant such other and further reliefs as are just even including the costs of this petition in the interest of the justice and equity.” 2. The petition is an offshoot of an order passed by this Court which allowed the petition by the following order: “19. For the aforesaid reasons, I pass the following: O R D E R (a) Writ Petition is allowed with costs of Rs.1/- lakh to be paid by the Corporation, to the petitioner within 4 weeks from the date of receipt of a copy of the order. - 4 - HC-KAR NC: 2025:KHC-D:17695 WP No. 100667 of 2025 (b) All recoveries in terms of the Order dated 29-07- 2021, passed by the 6th respondent/Superintending Engineer (Ele.), HESCOM and also the order dated 16-10-2017, passed by the 3rd respondent/Chief Engineer (Ele.), HESCOM stand quashed. (c) Mandamus issues to the respondents to settle and pay pension and all terminal benefits to the petitioner on his superannuation with effect from 31-05-2013 along with interest at the rate of 6% p.a. from the date they became due – date of superannuation, till the date of payment. (d) This order shall be complied with by the respondents within a period of four weeks from the date of receipt of a copy of this order, failing which, the petitioner would be entitled to an interest at 12% per annum from the date of superannuation, till the date of its payment.” 3. A writ appeal preferred against the said order comes to be rejected. After rejection, payment of ₹1,22,67,178/- as arrears of salary and terminal benefits is paid by the respondent Corporation. Alleging that he has been short paid the subject petition is preferred. During the pendency of the subject petition again ₹26,35,528 is paid. Therefore, in all, the petitioner has today received close to ₹1.5 crores as arrears of salary and terminal benefits. 4. Though, the learned counsel Shri Ramachandra A.Mali vehemently contends that he is still to be paid amounts in the light of the said amount being paid by a Corporation which is - 5 - HC-KAR NC: 2025:KHC-D:17695 WP No. 100667 of 2025 undoubtedly public money, nothing further would survive for consideration in the case at hand. The petition stands disposed. Sd/- (M.NAGAPRASANNA) JUDGE VNP / CT: ASC List No.: 1 Sl No.: 32