- 1 - NC: 2025:KHC-D:4243-DB WA No. 100631 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 5TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT APPEAL NO.100631 OF 2023 (S-R) BETWEEN: SHRI RANGANATH GADAGKAR, S/O SRI BODHARAO GADAGKAR, AGE. 72 YEARS, OCC. RETIRED, PRIVATE SECRETARY TO FINANCE DIRECTOR, KARNATAKA POWER CORPORATION LTD., RES. AT SUVARSHA, 4760/33, 4TH MAIN, SIRUR PARK, I STAGE, VIDYANAGAR, HUBLI-580 021. …APPELLANT (BY SRI. NARAYAN G. RASALKAR, ADVOCATE) AND: THE KARNATAKA POWER CORPORATION LIMITED, A GOVERNMENT OF COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE, AT NO.82, SHAKTI BHAVAN, 82, RACE COURSE ROAD, BANGALORE-560001, REP. BY ITS MANAGING DIRECTOR. …RESPONDENT THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING TO, SET ASIDE THE ORDER DATED 22.05.2023 PASSED BY THE HON’BLE SINGLE JUDGE IN W.P.NO.79129 OF 2013 BY ALLOWING THIS WRIT APPEAL & ETC., Digitally signed by V N BADIGER Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:4243-DB WA No. 100631 of 2023 THIS WRIT APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE S G PANDIT) This intra-court appeal under Section 4 of the Karnataka High Court Act, 1961, is directed against the learned Single Judge’s order, dated 22.05.2023, rejecting W.P. No.79129/2013. 2. Heard Sri. Narayan G.Rasalkar, learned counsel for the appellant and perused the entire writ appeal papers. 3. The appellant/writ petitioner before the learned Single Judge had questioned the condition prescribed under communication bearing No.A1P 2G 4387 dated 09.10.2012, wherein the appellant/petitioner was communicated that his request for re-examining the issue of pension is not capable for consideration. The petitioner had also sought for a direction to the respondent-Karnataka Power Corporation Limited (KPCL) to extend the pension scheme as formulated under Annexure-G i.e., the Karnataka Power Corporation Limited Employees Pension Scheme, 2002 (for short ‘KPCL Pension Scheme’) and to - 3 - NC: 2025:KHC-D:4243-DB WA No. 100631 of 2023 pay the pension with effect from 31.03.1998 with all consequential benefits. 4. The appellant/petitioner joined the services of respondent-KPCL as a Stenographer and, at the time of his voluntary retirement on 31.03.1998 was Private Secretary to Finance Director. It is an admitted fact that the appellant/petitioner was governed under the provisions of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952. There was no separate pension scheme as on the date of petitioner’s retirement from the respondent-KPCL. In the year 1983, the respondent-KPCL with an intention to introduce Pension Scheme, called option from its employees, but the petitioner, who was a member of CPF Scheme, failed to exercise his option to join the KPCL Pension Scheme. Having not opted for KPCL Pension Scheme, the petitioner continued to be member under the CPF Scheme. In the year 1996, the petitioner requested permission to join the KPCL Pension Scheme and in the meanwhile, on 31.03.1998, the appellant/petitioner took voluntary retirement from the respondent–KPCL. On his voluntary retirement, he availed retirement benefit under the CPF Scheme with interest. - 4 - NC: 2025:KHC-D:4243-DB WA No. 100631 of 2023 5. It is pertinent to note that the KPCL Pension Scheme came into effect from 31.03.2003 and the appellant/petitioner had retired from service long before coming into force of KPCL Pension Scheme. The appellant/petitioner was before this Court in W.P. No.24637/2005 against the rejection of his request to extend the benefit of KPCL Pension Scheme and the said writ petition came to be dismissed, against which the petitioner filed writ appeal and this Court directed the respondent-KPCL to consider the representation of the appellant/petitioner. The respondent-KPCL considered the appellant/petitioner’s request subject to certain conditions, extended the benefit of KPCL Pension Scheme, and the appellant/petitioner agreeing to all the conditions, availed the pension with effect from 01.04.2011. Having agreed for all the conditions and after receiving the pension, it is not open for the appellant/petitioner to turn around and question the conditions imposed by the respondent-KPCL while admitting him to KPCL Pension Scheme. Moreover, the KPCL Pension Scheme was not in existence as on the date of appellant/petitioner’s retirement. However, on humanitarian grounds, after relaxing certain conditions, the appellant/petitioner was admitted to KPCL Pension Scheme. - 5 - NC: 2025:KHC-D:4243-DB WA No. 100631 of 2023 6. Admittedly, KPCL Pension Scheme has come into effect from 31.03.2023. The appellant/petitioner was admitted to KPCL Pension Scheme with effect from 01.04.2011. Therefore, the prayer of the petitioner to extend the KPCL Pension Scheme from the date of his retirement i.e., 31.03.1998 cannot be considered since as on that date, the scheme itself had not come into effect. 7. The writ appeal is devoid of merits and accordingly, the writ appeal stands rejected. This is a fit case for imposing the costs for the conduct of the petitioner/appellant, but since the petitioner/appellant is a retired employee, we refrain from imposing any costs. Pending I.As., do not survive for consideration and the same are disposed of accordingly. Sd/- (S G PANDIT) JUDGE Sd/- (C.M. POONACHA) JUDGE KMS, ct:vp LIST NO.: 1 SL NO.: 2