- 1 - HC-KAR NC: 2025:KHC:41791-DB WP No. 21799 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. JUSTICE B M SHYAM PRASAD AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT PETITION NO.21799 OF 2025 (S-KSAT) BETWEEN: 1. SHANTHI MANI V. G. W/O. A STANLEY AGED ABOUT 55 YEARS WORKING AS JUNIOR TRAINING OFFICER O/O GOVT. ITI (MEN) HOSUR ROAD, BENGALURU – 560 029. R/A NO.429, GROUND FLOOR, UDAYANAGAR, BENGALURU – 560 016. 2. N. C. CHINNASWAMY, S/O LATE CHINNA NAIKA. AGED ABOUT 53 YEARS, WORKING AS JTO, GOVERNMENT ITI, N R MOHALLA, MYSORE – 570 007. R/AT NO.122, 8TH MAIN, 10TH CROSS. 1ST STAGE, HEBBAL, MYSURU – 570 016. …PETITIONERS (BY SRI. M. BABU RAO, ADVOCATE) AND: 1. STATE OF KARNATAKA, REP. BY ITS PRINCIPAL SECRETARY SKILL DEVELOPMENT Digitally Signed by REKHA R Location : High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:41791-DB WP No. 21799 of 2025 ENTREPRENEURSHIP AND LIVELIHOOD DEPARTMENT M S BUILDING, BENGALURU – 560 001. 2. THE COMMISSIONER, DEPARTMENT OF INDUSTRIAL TRAINING AND EMPLOYMENT, KOUSHALYA BHAVAN, DAIRY CIRCLE, BENGALURU – 560 029. 3. THE DIRECTOR, DEPARTMENT OF INDUSTRIAL TRAINING AND EMPLOYMENT, KOUSHALYA BHAVAN, DAIRY CIRCLE, BENGALURU – 560 029. 4. THE JOINT DIRECTOR DIVISIONAL OFFICE, DEPARTMENT OF INDUSTRIAL TRAINING AND EMPLOYMENT, SARASWATIPURAM, 9TH MAIN, MYSURU – 570 009. 5. JOINT DIRECTOR DIVISIONAL OFFICE, DEPARTMENT OF INDUSTRIAL TRAINING AND EMPLOYMENT KOUSHALYA BHAVAN B G ROAD, BENAGLURU - 560 029 6. THE PRINCIPAL, GOVERNMENT ITI, KGF - 563 115 7. THE PRINCIPAL, GOVERNMENT ITI, NANJANGUD - 571 301. - 3 - HC-KAR NC: 2025:KHC:41791-DB WP No. 21799 of 2025 8. THE PRINCIPAL, GOVERNMENT (MEN) ITI COLLEGE, HOSUR ROAD, DAIRY CIRCLE, BENGALURU - 560 029. 9. THE PRINCIPAL, GOVERNMENT ITI, SIRA, TUMKUR - 572 137. 10. THE PRINCIPAL GOVERNMENT ITI, VITTAL, BANTWAL TALUK - 574 243. 11. THE PRINCIPAL GOVERNMENT ITI, MANIPAL, UDUPI – 576 101 12. THE PRINCIPAL GOVERNMENT ITI, MADIKERI, KODAGU - 571 201 13. KAVITHA V C D/O VIJAYAKUMAR L C AGED ABOUT 50 YEARS, WORKING AS JUNIOR TRAINING OFFICER, OFFICE OF GOVT ITI, NANJANGUD NO.16A, KIADB INDUSTRIAL AREA, MYSURU - 571 301. R/AT NO.09, DEVAKIRANA, SRI. KRISHNADHAMA NAGARA, SRIRAMPURA RING ROAD, MYSURU – 570 008. 14. K. RAMESH, S/O LATE A.KANNAIAH, AGED ABOUT 59 YEARS, WORKING AS JUNIOR TRAINING OFFICER, OFFICE OF GOVT. ITI BEML NAGAR, KGF, KOLAR - 563 115. R/AT NO.93, 'N' BLOCK, CHAMPION REEF, KGF, KOLAR - 563 117. - 4 - HC-KAR NC: 2025:KHC:41791-DB WP No. 21799 of 2025 15. SUMA C.V. W/O SHIVASHANKAR K.A. AGED ABOUT 52 YEARS, WORKING AS JUNIOR TRAINING OFFICER, OFFICE OF GOVT ITI NH-4, SIRA, TUMKUR - 572 137. R/AT UMA MAHESHWARA NILAYA, 5TH MAIN, 5TH CROSS, JAYANAGAR EAST, TUMKURU - 572 102 16. RATHI V. W/O PURUSHOTTAM P GOWDA. AGED ABOUT 53 YEARS, WORKING AS JUNIOR TRAINING OFFICER, OFFICE OF GOVT ITI VITTAL, VITTAL POST, BANTWAL TALUK, DAKSHINA KANNADA - 574 243. R/AT NO.1-703, KRISHNANUGRAHA, VIDYANAGAR VITTAL POST. BANTWAL TALUK, D K DISTRICT - 574 243. 17. SRI. GANESH BHATTA, S/O PARAMESHWARA BHATTA, AGED ABOUT 54 YEARS, WORKING AS JUNIOR TRAINING OFFICER, OFFICE OF GOVT. ITI MANIPAL, UDUPI – 576 101 R/AT NO.13-14, SHREEPRADA, NEAR MAHALINGESHWARA TEMPLE BOBBARYA KATTE ROAD, MODDU PERAMPALLI, KUNJIBETTU POST, UDUP1 - 576 102 18. SRI. K G SURYANARAYANA S/O G N KRISHNAMURTHY, AGED ABOUT 52 YEARS, WORKING AS JUNIOR TRAINING OFFICER, OFFICE OF GOVT. ITI MADIKERI, KODAGU DISTRICT – 571 201 - 5 - HC-KAR NC: 2025:KHC:41791-DB WP No. 21799 of 2025 R/AT HERAVANADU VILLAGE AND POST, MADIKERI TALUK, KODAGU – 571 201. 19. K.V SUJATHAMMA W/O R G NARAYANASWAMY, AGED ABOUT 52 YEARS, WORKING AS JUNIOR TRAINING OFFICER, O/O GOVT ITI WOMEN, KOLAR, NEAR MOTHER TERESA COLLEGE, KOLAR, ANTHARAGANGE ROAD, KOLAR – 563 101 R/AT NO.854, MATHRUSHREE KRUPE NILAYA, GARDEN HOUSE, NEAR GOKUL COLLEGE, NGO LAYOUT, HAROHALLI, KOLAR – 563 101. 20. K.N RAKHEE NAIK W/O K G NARAYANA NAIK, AGED ABOUT 51 YEARS, WORKING AS JUNIOR TRAINING OFFICER, O/O GOVT ITI (MODEL) HOSUR ROAD, BENGALURU – 560 029. R/AT NO.101, M B CASTLE APARTMENT, NEAR HIMAGIRI CROSS ROAD, B G ROAD, KALENAGRAHARA, BENGALURU – 560 086 21. S NAGARAJA S/O SANJEEVAPPA, AGED ABOUT 55 YEARS, WORKING AS JTO, O/O GOVT ITI DODDADUNNASANDRA, KANEKAL CROSS, SOUKYA ROAD, HOSAKOTE TALUK, BENGALURU RURAL DISTRICT. R/AT NO.85, DVG ROAD, 7TH CROSS, ADARSHANAGAR, MALURU – 563 130. - 6 - HC-KAR NC: 2025:KHC:41791-DB WP No. 21799 of 2025 22. NAGARAJU V S/O VENKATASHAMAIAH, AGED ABOUT 55 YEARS, WORKING AS JTO, O/O GOVT ITI HOSUR ROAD, BENGALURU – 560 029 R/AT NO.17, 2ND CROSS, AREKEMPANAHALLI, BEHIND BRAND FACTORY, BENGALURU - 560 029 23. N MAHESH S/O LATE NAGAPPA, AGED ABOUT 60 YEARS, WORKING AS JUNIOR TRAINING OFFICER, O/O GOVT ITI, N R MOHALLA, MYSURU – 570 007 R/AT NO.2358, 10TH CROSS, K R MOHALLA, MYSURU – 570 004. 24. SRI. G RAVISHANKAR S/O GURUMALAPPA M, AGED ABOUT 52 YEARS, WORKING AS JUNIOR TRAINING OFFICER, GOVERNMENT ITI, HD KOTE, MYSURU DISTRICT – 570 007 R/AT NO.788/150A, 16TH CROSS, RAMANUJA ROAD, MYSURU – 570 004. 25. SMT. SRILATHA C W/O DEVENDRA NAIDU T., AGED ABOUT 55 YEARS, WORKING AS JUNIOR TRAINING OFFICER, OFFICE OF THE GOVERNMENT ITI, N R MOHALLA, MYSURU – 570 007 R/AT NO.9/1, 3RD CROSS, TANK ROAD, N R MOHALLA, MYSURU – 570 007. - 7 - HC-KAR NC: 2025:KHC:41791-DB WP No. 21799 of 2025 26. SHANTHA G S D/O LATE G M SHIVAIAH, AGED ABOUT 56 YEARS, WORKING AS JUNIOR TRAINING OFFICER OFFICE OF THE GOVERNMENT ITI NANJANGUDU, MYSURU – 571 302. R/AT NO.8, 3RD CROSS K R VANAM, MYSURU – 570 008. 27. MANJUNATH H C S/O CHANDRASHEKARAIAH H J AGED ABOUT 57 YEARS, WORKING AS JUNIOR TRAINING OFFICER OFFICE OF THE GOVERNMENT ITI, GUNDLUPETE, CHAMARAJANAGAR DISTRICT – 571 111. R/AT NO.726, 1ST FLOOR, 11TH MAIN, 4TH STAGE, T K LAYOUT, MYSURU – 570 009. 28. THE PRINCIPAL GOVERNMENT ITI (WOMEN) KOLAR – 563 101 29. THE PRINCIPAL GOVERNMENT ITI, HOSKOTE – 562 114 30. THE PRINCIPAL GOVERNMENT ITI GUNDLUPETE – 571 111 31. THE PRINCIPAL GOVERNMENT ITI NANJANAGUDU – 571 302 32. THE PRINCIPAL GOVERNMENT ITI NR MOHALLA – 570 007. - 8 - HC-KAR NC: 2025:KHC:41791-DB WP No. 21799 of 2025 33. THE PRINCIPAL GOVERNMENT ITI (MODEL) HOSUR ROAD - 560 029 …RESPONDENTS (BY SRI. VIKAS ROJIPURA., AGA FOR R1 TO R5; VIDE ORDER DATED 14.08.2025, NOTICE TO R6, R7, R9 TO R-31 AND R-33 IS DISPENSED WITH; R8 & R-32 NOTICE NOT YET ORDERED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO a) ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT, ORDER OR DIRECTION QUASHING THE ORDER DATED 07.06.2024 IN APPLICATION No.676/2024 AND APPLICATION No.5364/2023 ORDER PASSED BY THE KSAT AS PER ANNEXURE-A IN THE INTEREST OF JUSTICE; b) ISSUE ANY OTHER APPROPRIATE ORDER OR DIRECTION AS THIS HON’BLE COURT DEEMS FIT IN THE FACTS AND CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD and HON'BLE MR. JUSTICE T.M.NADAF - 9 - HC-KAR NC: 2025:KHC:41791-DB WP No. 21799 of 2025 ORAL ORDER (PER: HON'BLE MR. JUSTICE T.M.NADAF) On a short point for consideration that, once an employee is admitted to certain benefits by a judicial pronouncements and have culminated in an Government order and implemented, whether the same can be withdrawn after considerable period of time and be recovered on the premise of excessive payment, the petitioners are before this Court calling in question the order dated 07.06.2024 in Application No.675 to 681/2024 C/w 5358 to 5367/2023 passed by the Karnataka State Administrative Tribunal, Bengaluru, [‘Tribunal’ for short]. The Tribunal by impugned order not only dismissed the application but passed further orders directing the respondent- authorities to recover the amount, which as per the Tribunal are illegal payments received by the applicants/petitioners by providing installment payments. - 10 - HC-KAR NC: 2025:KHC:41791-DB WP No. 21799 of 2025 2. The parties are referred to as per the rankings before the Tribunal. 3. The factual matrix of the case in the petition are as follows: The applicants were initially appointed as Junior Training Officers (‘JTOs’ for short), on contract basis, on payment of Rs.10/- less than the basic salary. On the earlier point of time, the applicants approached this Court in a writ petition seeking for extension of regular pay scales. Considering the case of the applicants, Co-ordinate Bench of this Court granted them regular pay scales, which fructified in the contempt proceedings. 4. Under the Karnataka Civil Services (Absorption of persons appointed on contract basis in the category of posts of Craft Instructors, Junior Instructors (Re-designated as JTOs) in the Department of Employment and Training (Training - 11 - HC-KAR NC: 2025:KHC:41791-DB WP No. 21799 of 2025 Wing) (Special) Rules, 2002 ('2002 Rules'), the services of the applicants came to be regularized by an order dated 03.09.2004. As per the condition of absorptions prescribed, the entire service rendered by the applicant as Craft Teacher, Junior Instructor (now re-designated as JTOs) shall count for the purpose of leave, increment and pension. 5. After lapse of ten years to the Rules 2002 and the Government Order dated 29.08.2022, describing the conditions of absorption, the Government by Notification dated 20.12.2012, substituted existing Rule 4 as “benefit of services rendered prior to absorption shall not count for the purpose of leave, pension, pay, seniority and grant of selection time scale of pay”, by an order dated 02.09.2004, the pay protection granted earlier has been recalled with effect from 19.07.2004 and a direction was issued to recover the amount paid in excess to the employees. These two orders were the - 12 - HC-KAR NC: 2025:KHC:41791-DB WP No. 21799 of 2025 subject matter before the Tribunal in Application No.1087-1146/2013. The Tribunal by its order dated 04.03.2016, dismissed the application supra and declined to interfere with the Notification substituting Rule 4A. Review Application filed in Review Application No.83-142/2016 comes to be dismissed on 06.04.2016. 6. Being aggrieved by the order of dismissal of application as well as the review petition, writ petition came to be filed before this Court in WP.No.21523-21575/2016 c/w WP.No.21576- 21634/2016 and WP.No.21635-21640/2016. The Co-ordinate Bench of this Court after considering the rival contentions of the parties in the concerned writ petition to which some of the applicants/petitioners herein are also parties, allowed the petitions by order dated 07.03.2017, observing in paragraph No.24, which reads as under: "Hence, we find it appropriate to observe that by the Rules of 2012 bringing about the deletion and - 13 - HC-KAR NC: 2025:KHC:41791-DB WP No. 21799 of 2025 amendment shall be interpreted to mean that it would not alter the rights already conferred earlier to the petitioners herein and to that extent instead of striking down both the Rules of 2012 as unconstitutional, we find it appropriate to read down the said Rules to that extent." 7. The petitioners have also filed one more Application Nos.878-948/2013 before the Tribunal, seeking a direction to the respondents to consider their case in accordance with law. The Tribunal, following the judgments of Full Bench of the Hon'ble High Court in the case of C.R.CHANDRASHEKARIAH & ORS Vs. STATE OF KARNATAKA & OTHERS in WP.No.30315/2002 and the judgment in CHIKKALINGAIAH & OTHERS Vs. STATE OF KARNATAKA & OTHERS in WP.Nos.21523 to 21575/2015 and connected cases stated supra by order dated 26.02.2018 allowed the application, issued mandamus to the State instrumentalities i.e. Principal Secretary to Labour Department and the Commissioner, Department of Employment and - 14 - HC-KAR NC: 2025:KHC:41791-DB WP No. 21799 of 2025 Training, Kausalya Bhavan, to consider the cases of the applicants, keeping in mind the judgment rendered by the Full Bench of this Court in C.R.Chandrashekaraiah supra and Co-ordinate Bench of this Court in Chikkalingaiah supra. 8. The State Government, subsequent to the order passed by the Tribunal in 2018 after obtaining clarification from the State Government, by means of its circular dated 10.09.2020, intimated that as per the decision taken by the Chief Legal Cell and Law Department, the permission was accorded to the Government to implement the order dated 26.02.2018. 9. The Government thereafter on 29.08.2022, applying the decision in some other case, re-opened the orders which have already been implemented in favour of the applicants/petitioners herein (Annexure-A9). The State Government vide order dated 17.09.2022 directed the Commissioner of - 15 - HC-KAR NC: 2025:KHC:41791-DB WP No. 21799 of 2025 Industrial Training and Employment, Bengaluru, to give effect to the order dated 29.08.2022 (Annexure-A11); by one more circular dated 16.12.2022, the Government issued direction to all the principals of training institutions to recover the salary from JTOs, whose salary has already been paid (Annexure-A12). 10. Aggrieved by the order at Annexure A-9, A-11 and A-12, the applicants were before the Tribunal in Application No.675-681/2024 c/w Application No.5358-5367/2023. The Tribunal by its order dated 07.06.2024, rejected the application on the premise that, admitting the applicants to the Time-Bound Advance (TBA) Scheme and Automatic grant of promotion considering the earlier contract service is illegal. 11. In these circumstances, the benefit of judgment rendered by the Hon'ble Apex Court in the case of Thomas Daniel and Rafiq Masih does not - 16 - HC-KAR NC: 2025:KHC:41791-DB WP No. 21799 of 2025 have any application to the case of the applicant, since the illegal actions can not be protected and the applicants claim for protection of the benefit is illegal as they are not entitled for the same. The Tribunal further observed that the claim of the applicants is not innocent, but the claim of the appellants as a matter of right is untenable in law and comes to a conclusion that there is no infirmity in the impugned order dated 29.08.2022, and the benefit received cannot be claimed to have been obtained bonafide and innocently. Further held that the judgment in CHIKKALINGAIAH supra, is not at all applicable to the applicants, since the applicants are having explicit knowledge, that they are not entitled for TBA and automatic promotion under 1983 Rules and 1991 Rules, respectively with regard to their contentions and service. 12. The Tribunal further held that the benefit received by the applicants de-hors their service - 17 - HC-KAR NC: 2025:KHC:41791-DB WP No. 21799 of 2025 condition is prima facie illegal and the applicants are expected to refund the same to the State instead of one lump sum but in monthly installments and directed the State Authorities to recover the same under installments at the rate of Rs.1,000/- p.m., from the salary. It is this order passed by the Tribunal is called in question in this writ petition. 13. Heard Sri.M.Babu Rao, learned counsel appearing for the petitioners and Sri. Vikas Rojipura, learned Additional Government Advocate for respondent Nos.1-5. 14. Vide order dated 14.08.2025, notice to respondent Nos.6, 7, 9 to 31 and 33 is dispensed with. 15. Sri. Babu rao, taking this Court to the settled position of law passed by the Hon'ble Apex Court in the case of Thomas Daniel and Rafiq Masai and other latest pronouncements, submits - 18 - HC-KAR NC: 2025:KHC:41791-DB WP No. 21799 of 2025 that once benefit which has been settled as per the judicial pronouncements of this Court in CHIKKALINGAIAH, C.R.CHANDRASHEKARAIAH, supra, declaring the rights of the parties and the same has reached its finality, when implemented by means of a Government order, the State Authorities cannot issue another Government order, a Rule or a Circular following some other judgments not connected with the case, contrary to the judgments supra, having the effect of nullifying the earlier judicial pronouncement. 16. He further submits that, it is trite that a judicial pronouncement which has created a right and implemented will be defeated, if the same is tried to be annulled after giving the quietus to the same, on the basis of some other decisions not connected with the case already settled and attained finality and could have effect of impairing the constitutional - 19 - HC-KAR NC: 2025:KHC:41791-DB WP No. 21799 of 2025 authority of the Courts. The same in other words borders the contempt. 17. He further submits that the Judicial propriety and discipline demands that once a Judgment is delivered declaring rights of parties, which has attained finality on implementation cannot be permitted to be re-opened on an erroneous reading of subsequent pronouncements not related to the case on hand, not only undermined the constitutional authority, generally, but it is also likely to subvert the Rule of law and cause uncertainty and confusion in the administration of law, such an attempt amounts to contempt and it has to be dealt with iron hands. The Tribunal has failed to consider this aspect of the matter and on an erroneous reading of facts of the case comes to an erroneous finding, holding that the applicants are not at all entitled to the benefits which has already been settled by giving a finality upon - 20 - HC-KAR NC: 2025:KHC:41791-DB WP No. 21799 of 2025 implementing the order passed on the earlier occasion. 18. With this, Sri.Baburao, sought to allow the petition, quash the order of the Tribunal and allow the application, quashing the orders impugned so far the applicants are concerned and issue a writ directing the respondent-State authorities, from recovering the amount or review the fixation of the salary, which once implemented interms of earlier order passed by this Court as well as Tribunal. 19. Conversely, Sri. Vikas Rojipura, submits that the Tribunal having found that the applicants are not at all entitled to the benefit and who have been illegally considered at the earlier point of time which has been set at right by the order now impugned in the application cannot be found fault with. However, to the query of this Court with regard to clause No.6 to the order dated 29.08.2022, which reads as under: - 21 - HC-KAR NC: 2025:KHC:41791-DB WP No. 21799 of 2025 "vÀ¥ÁàV PÁ®§zÀÞ ªÉÃvÀ£À ªÀÄÄA§rÛ / ¸ÀéAiÀÄAZÁ°vÀ ªÀÄÄA§rÛUÀ¼À ªÀÄAdÆgÁwAiÀÄ PÁgÀtPÁV FUÁUÀ$Éà ºÉZÀÄѪÀjAiÀiÁV ¥ÁªÀwAiÀiÁVgÀĪÀ ªÉÃvÀ£À ªÀÄvÀÄÛ / CxÀªÁ ¦AZÀt / PÀÄlÄA§ ¦AZÀt / r¹Dgïf / PÀªÀÄÆåmÉqï ªÁå®Äå D¥sï ¥É£Àë£ï C£ÀÄß ªÀ¸ÀÆ° ªÀiÁqÀvÀPÀÌzÀÝ®è." The Learned Additional Government Advocate, is unable to give any explanation against the very clause. 20. On considering the rival submissions, the law on the point as held in the case of Thomas Daniel supra, that even any benefit received in an erroneous order without any fault or mala fides attributable to the person who had received the benefit, cannot be permitted to be recovered. This position of law is holding the field as of today. 21. The observation of the Tribunal that the applicants are within the explicit knowledge that they are not entitled to the benefit and despite that they have received the benefit, is not supported with any material placed either before the Tribunal. - 22 - HC-KAR NC: 2025:KHC:41791-DB WP No. 21799 of 2025 22. In view of settled position of law, no further deliberation is required on the order passed by the Tribunal as well as the order impugned in the application. On this count alone, applicant succeeds. 23. For the foregoing reasons, we proceed to pass the following: ORDER i. Writ Petition is allowed. ii. The order dated 07.06.2024 in application number No.675 to 681/2024 c/w 5358 to 5367/2023 passed by the Karnataka State Administrative Tribunal, Bengaluru, is hereby quashed. iii. Consequently, the application filed by the petitioners before the Tribunal are allowed, quashing the order impugned, so far as the applicants are concerned. iv. The respondent authorities are issued with mandamus not to proceed to recover the - 23 - HC-KAR NC: 2025:KHC:41791-DB WP No. 21799 of 2025 benefits already granted from the salary and review the fixation of salary implemented in terms of the order dated 07.03.2017 (Annexure-A15) of Co-ordinate Bench of this Court and the order dated 26.02.2018, passed by the Tribunal (Annexure-A5). Sd/- (B M SHYAM PRASAD) JUDGE Sd/- (T.M.NADAF) JUDGE PK List No.: 1 Sl No.: 37