- 1 - HC-KAR NC: 2025:KHC:40192 WP No. 1898 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 1898 OF 2022 (S-RES) BETWEEN: SMT. H A ROOPA W/O LATE SHIVAKUMARASWAMY, AGED 65 YEARS, RESIDING AT NO.2, 2ND MAIN, 2ND CROSS, SARASWATHIPURAM, BANGALORE 560096. …PETITIONER (BY SRI. K. SRINIVASA, ADVOCATE) AND: 1. THE MANAGING DIRECTOR CORPORATE OFFICE BESCOM, K.R. CIRCLE, BANGALORE-560001. 2. THE SUPERINTENDING ENGINEER ELEL NORTH CIRCLE, Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:40192 WP No. 1898 of 2022 BESCOM NEAR MALLIGE HOSPITAL, MADHAVANAGAR, BANGALORE-560001. 3. THE CHEIF GENERAL MANAGER (F AND C) BESCOM, K.R.CIRCLE, BANGALORE-560001. 4. THE EXECUTIVE ENGINEER(EL) PEENYA DIVISION, BESCOM, PEENYA II STAGE, PEENYA, BANGALORE-5600. …RESPONDENTS (BY SRI. SANJEEV B L., ADVOCATE FOR R1, R3 & R4) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE RECOVERY EFFECTED IN OFFICIAL MEMORANDUM DTD 07.07.2020 FROM THE PENSIONARY CLAIMS VIDE ANNX-B BY R2. QUASH THE RECOVERY IN PENSION AUTHORIZATION DTD 03.09.2020 VIDE ANNX-C BY R3. ORDER TO REFUND THE RECOVERED AMOUNT WITH 18 PERCENT INTEREST. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:40192 WP No. 1898 of 2022 CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER This petition is filed by the petitioner seeking the following reliefs: "1) Issue a writ of certiorari or any other appropriate Writ Order or direction: a) quashing the recovery effected in official Memorandum vide No.ಅ.ಇ()/ೆಂವೃ(ಉ)/ ಉ. ೆ./ ೆ/ಸ ೆ/ ಸ-2/20-1/2144-49 dated 7th July 2020.from the Pensionary Claims vide ANNEXURE' B' by Respondent-2 b) quashing the recovery in pension authorization vide vide No BFP/303 dated 3rd September 2020 vide Annexure 'C' issued by Respondent-3. ii) Pass any appropriate order or orders to refund the recovered amount with 18% Interest as this Hon'ble court deems fit in the interest of justice, including the cost of the litigation. In the interest of justice and equity iii) Issue any order/directions in the circumstances including the cost of the Writ Petition." - 4 - HC-KAR NC: 2025:KHC:40192 WP No. 1898 of 2022 2. Brief facts leading rise to the filing of this petition are as follows: 2.1. The petitioner's husband was appointed as a Junior Assistant under the respondents-BESCOM. The petitioner's husband passed away on 17.08.2019 while on duty leaving behind the petitioner and the minor daughter as his legal heirs. During the lifetime of the deceased, the departmental enquiry was initiated against the petitioner's husband and five others. Thereafter, the departmental enquiry was concluded by dropping the name of the petitioner's husband. After the demise of the petitioner's husband, the petitioner submitted a representation for settlement of all benefits with monthly family pension payable to her. The respondents proposed recovery of DCRG and monthly family pension for 34 months totaling Rs.4,86,120/- without any reason or determination of any loss as per the regulations. Respondent No.3, based on the proposal, approved the family pension etc., by withholding a total amount of DCRG in monthly family - 5 - HC-KAR NC: 2025:KHC:40192 WP No. 1898 of 2022 pension to the extent of Rs.7,10,239/- without any reasons. The petitioner submitted a representation to the respondents to stop recovery from the pensionary benefits. The said representation was not considered and the respondents did not stop the recoveries. The petitioner, aggrieved by the impugned official memorandum, filed this writ petition. 3. The respondents filed a statement of objections, admitting that the petitioner's husband was working as a Junior Assistant in BESCOM. It is contented that, the petitioner's husband and others have misappropriated a sum of Rs.20,83,904/- and departmental enquiry was initiated against the husband of the petitioner and others. The petitioner's husband had availed a loan from the KPTCL Employees' Co-operative Society Ltd., Rajajinagar, Bengaluru Urban District, Bengaluru Rural District and Ramanagar District for Rs.3,74,084/- and there was arrears of rent for residential quarters of Rs.2,03,155/-. The husband of the petitioner did not repay the loan - 6 - HC-KAR NC: 2025:KHC:40192 WP No. 1898 of 2022 amount. Thus, the respondents have adjusted the family pension in the loan amount. The action of the respondents in adjusting the amount is legal. Hence, prays to dismiss the writ petition. 4. Heard the arguments of learned counsel for the petitioner and also learned counsel for the respondents. 5. Learned counsel for the petitioner submits that, if the husband of the petitioner had not paid the loan amount, it is for the Co-operative Banks to recover the amount by due process of law. The respondents have no right to deduct/adjust the amount from the pensionary benefits. The action of the respondents in deducting/adjusting the loan amount from the pensionary benefits is arbitrary and erroneous. Hence, on these grounds, he prays to allow the writ petition. 6. Per contra, learned counsel for the respondents submits that, the husband of the petitioner availed a loan from the Co-operative Banks and there was arrears of rent - 7 - HC-KAR NC: 2025:KHC:40192 WP No. 1898 of 2022 for residential quarters, totally amounting to Rs.7,10,239/- and the respondents have deducted/adjusted the said amount from the pensionary benefits. The action of the respondents in deducting/adjusting the said amount is in accordance with law. Hence, on these grounds, he prays to dismiss the writ petition. 7. Perused the records and considered the submissions of learned counsel for the parties. 8. There is no dispute that the husband of the petitioner was working in the BESCOM. During his lifetime, he had obtained a loan from the Co-operative Banks. He died while in service, leaving behind the petitioner and minor daughter. After the demise of her husband, the petitioner submitted an application for settlement of retirement benefits. The respondent has passed an order for settlement of retirement benefits. While passing an order, deducted an amount of Rs.4,86,120/- from DCRG and remaining amounts from the monthly pension. If the husband of the petitioner had obtained a loan from the - 8 - HC-KAR NC: 2025:KHC:40192 WP No. 1898 of 2022 Co-operative Banks, it is for the Co-operative Banks to recover the said loan amount from the petitioner. But, the respondents have no right to deduct/adjust the said amount from the retirement benefits. Learned counsel for the petitioner has placed a reliance on the judgment passed by this court in the case of The Karnataka Power Transmission Corporate Limited and Others Vs. Smt. Mallava Sabanna Kaladagi1, wherein the Division Bench has held that, recovery can certainly be done from the respondent-widow as well as from the estate left behind by the deceased employee keeping in view of the judgment delivered by the Division Bench of this Court in the case of State Bank of Mysore Vs. Smt. Saroja2 and further observed that, no statutory provision of law was brought to the notice of the Court by the learned counsel appearing for the appellants-KPTCL, which entitles the appellants-KPTCL to proceed ahead against a dead person. 1 Writ Appeal No.187/2021, disposed of on 02.08.2021 2 1998 (3) L.L.N. 689 - 9 - HC-KAR NC: 2025:KHC:40192 WP No. 1898 of 2022 As rightly pointed out by the learned counsel for the petitioner, that in case if the deceased husband of the petitioner has obtained a loan from the respective Co-operative Banks, the Banks can initiate recovery proceedings against the petitioner. But, the respondents have no right to deduct the said amount. The action of the respondents in deducting the amounts from DCRG and monthly family pension vide Annexure-B is arbitrary and erroneous. 9. In view of the above discussion, I proceed to pass the following: ORDER i. The writ petition is allowed; ii. The impugned official memorandum dated 07.07.2020 vide Annexure-B passed by respondent No.2 and Annexure-C issued by respondent No.3 dated 03.09.2020 are hereby quashed; iii. The respondents are directed to refund the recovered amount to the petitioner, after - 10 - HC-KAR NC: 2025:KHC:40192 WP No. 1898 of 2022 deducting the arrears of residential quarters, within eight weeks from the date of receipt of a copy of this order; iv. Liberty is reserved to the respondents to recover the said amount from the Co-operative Banks. Sd/- (ASHOK S.KINAGI) JUDGE PA CT:KHV List No.: 1 Sl No.: 28