Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:53901 WP No. 6504 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 6504 OF 2025 (S-RES) BETWEEN:
SRI K T THIMMAIAH S/O. LATE THIMMAPPAIAH, AGED ABOUT 85 YEARS, R/AT NO. 167, SRIGHANDHA NAGAR, MAIN ROAD, HEGGANA HALLI, VISHWANEEDAM POST, BANGALORE-560 091. …PETITIONER (BY SRI. SUNDARESH H C., ADVOCATE)
AND:
1.
THE MANAGING DIRECTOR BESCOM, CORPORATE OFFICE, K.R. CIRCLE, BENGALURU-560 001.
2.
THE EXECUTIVE ENGINEER (V) O AND M DIVISION,
Digitally signed by KIRAN KUMAR R Location:
HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:53901 WP No. 6504 of 2025
EXECUTIVE CIRCLE, INDIRANAGAR DIVISION, BESCOM, BENGALURU-560 008. …RESPONDENTS (BY SRI. LIKITH R PRAKASH, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ENDORSEMENT BEARING NO. KANIE(V)/EV/LE/SALE/HISA/(C)/2024-25/2628 DTD 16.08.2024 ISSUED BY THE R-2 AS PER ANNX-E. DIRECTING THE RESPONDENT TO CONSIDER THE REPRESENTATIONS FILED BY THE PETITIONER DTD 18.02.2024 , 19.11.2024 AND 31.01.2025 AS PER ANNX-K,K1 AND K2 RESPECTIVELY FOR SETTLEMENT OF OTHER BENEFITS SUCH AS ARREARS OF SALARY FOR FIVE MONTHS DURING SUSPENSION PERIOD ARREARS OF REVISED PAY SCALE FOR THE YEAR 1998 FINANCIAL BENEFITS FOR AMALGAMATION AND PAY IN THE SCALE OF ATTACHMENT POST OF ASST. ENGINEER FROM THE DATE OF ELIGIBILITY UNPAID BONUS FOR THE YEAR 1998-99 AND THE SECURITY DEPOSIT DEDUCTED FROM THE SALARY OF THE PETITIONER WHILE WORKING AS A STORE KEEPER AND INTEREST FOR DELAY IN SETTLEMENT PENSION AND EL ENCASHMENT AMOUNT.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI
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HC-KAR NC: 2025:KHC:53901 WP No. 6504 of 2025
ORAL ORDER
1. The petitioner has filed this writ petition seeking following prayers: (i) to set aside the endorsement dated 16.08.2024 issued by respondent No.2 as per Annxexure E.
(ii) directing the respondent to consider the representations filed by the petitioner dated 18.02.2024 , 19.11.2024 and 31.01.2025 as per Annexure K, K1 and K2 respectively for settlement of other benefits, such as arrears of salary for five months during suspension period arrears of revised pay scale for the year 1998 financial benefits for amalgamation and pay in the scale of attachment post of asst. Engineer from the date of eligibility unpaid bonus for the year 1998-99 and the security deposit deducted from the salary of the petitioner while working as a store keeper and interest for delay in settlement pension and EL encashment amount.
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HC-KAR NC: 2025:KHC:53901 WP No. 6504 of 2025
2. The petitioner retired from service on attaining the age of superannuation on
30.06.1999.
The petitioner while he was in service was dismissed from service. The order of dismissal was set aside and liberty was reserved to the respondent to conduct an enquiry, by this Court in W.P. No.39882 of 1999 vide
order dated 20.01.2000. However, the respondent- Corporation withheld the entire pension and terminal benefits of the petitioner. Hence, the petitioner filed a writ petition in W.P. No.23411 of 2004 connected with W.P. No.2531 of 2008. The aforesaid writ petitions were allowed.
3. The petitioner filed W.P. No.11517 of 2018 and the same was allowed by order dated 09.11.2020.
4. It is the case of the petitioner that he is entitled for the terminal benefits, such as arrears of salary for five months during superannuation period, arrears of revised pay scale for the year 1998, financial benefits
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HC-KAR NC: 2025:KHC:53901 WP No. 6504 of 2025
for amalgamation, etc. and that the respondent- Corporation has failed to settle other terminal benefits. Hence, this writ petition.
5. During the pendency of this writ petition, learned counsel for the respondents files a Memo of calculations. The contents of Memo of calculations are not disputed by the petitioner.
6. It is stated therein that the respondents are liable to pay the difference amount of ₹1,92,086/- and the respondents undertake to pay the said amount within two weeks from today.
7. In view of the undertaking by the respondents that they would pay the amount of ₹1,92,086/-, nothing survives for consideration in this writ petition. Accordingly, a writ petition is disposed of.
8. However, liberty is reserved to the petitioner to make any further claim(s), if he is entitled for the same.
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HC-KAR NC: 2025:KHC:53901 WP No. 6504 of 2025
9. In view of the disposal of the petition, pending interlocutory applications do not survive for
consideration and accordingly disposed of.
Sd/- (ASHOK S.KINAGI) JUDGE
RK CT:KHV List No.: 1 Sl No.: 14