- 1 - HC-KAR NC: 2025:KHC:33993 WP No. 32161 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 32161 OF 2024 (S-RES) BETWEEN: SRI G VENKATESH S/O LATE GANGAIAH AGED ABOUT 63 YEARS RETIRED FIRST CLASS MECHANIC O/O THE ASSISTANT EXECUTIVE ENGINEER (ELEC.,) BANGALORE ELECTRICITY SUPPLY COMPANY LIMITED, W5 SUB-DIVISION, O AND M 17 CITY MARKET, VICTORIA COMPOUND BANGALORE-560001 AND R/AT NO.66, 5TH CROSS SHREYA RESIDENCY, NEAR JANAPRIYA APARTMENT KADABAGERE, BANGALORE-562130. …PETITIONER (BY SRI. DEVARAJ N., ADVOCATE) AND: 1. THE MANAGING DIRECTOR KARNATAKA POWER TRANSMISSION CORPORATION LIMITED CAUVERI BHAVAN, BANGALORE-560009. 2. THE GENERAL MANAGER /DIRECTOR (ADMN AND HRD) KARNATAKA POWER TRANSMISSION CORPORATION LIMITED CAUVERI BHAVAN BANGALORE-560009. Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33993 WP No. 32161 of 2024 3. THE EXECUTIVE ENGINEER (ELEC.,) BANGALORE ELECTRICITY SUPPLY COMPANY LIMITED VIDHANA SOUDHA DIVISION BANGALORE-560001. 4. THE ASSISTANT EXECUTIVE ENGINEER (ELEC) BANGALORE ELECTRICITY SUPPLY COMPANY LIMITED W5 SUB DIVISION, O AND M 17 CITY MARKET,VICTORIA COMPOUND BANGALORE-560001. …RESPONDENTS (BY SRI. NARASIMHA RAJESH K S., ADVOCATE FOR R1 TO R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER BEARING NO. KA.NI.HIM(V)/VV/LE/ SALE/HISA(C)21-22/3459-60 DATED: 31.12.2021 MARKED AT ANNEXURE-B ISSUED BY THE R-3 AS THE SAME IS ILLEGAL UNJUST ARBITRARY MALAFIDE UNREASONABLE AND GROSSLY VIOLATIVE OF PRINCIPLES OF NATURAL JUSTICE AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER This writ petition is filed under Articles 226 & 227 of the Constitution of India, seeking the following reliefs: “(a) Issue a writ of certiorari or any other appropriate writ, order or direction, quashing the impugned order bearing No. KA.NI.HIM(V)/VV/LE/ - 3 - HC-KAR NC: 2025:KHC:33993 WP No. 32161 of 2024 SALE/HISA(C)21-22/3459-60 dated 31.12.2021 marked as Annexure-B issued by the 3rd respondent as the same is illegal, unjust, arbitrary, malafide, unreasonable and grossly violative of principles of natural justice; b) Issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondents to pay Rs.71,937/- along with 18% interest p.a. to meet the needs of justice.” 2. The brief facts of the case are that, the petitioner was appointed as an Assistant Lineman in the respondent – Establishment on 01.11.1987. Thereafter, he was promoted as a Second Class Mechanic and further promoted as First Class Mechanic. When he was working as First Class Mechanic, he attained the age of superannuation with effect from 31.12.2021. On the last day of his retirement the impugned order vide Annexure-B has been issued and excess amount paid to the petitioner by the employer in a sum of Rs.71,937/- was ordered to be recovered from his retirement benefits. Being aggrieved by the same, the petitioner is before this Court. - 4 - HC-KAR NC: 2025:KHC:33993 WP No. 32161 of 2024 3. The Apex Court in the case of STATE OF PUNJAB AND OTHERS vs. RAFIZ MASIH reported in AIR 2015 SC 696 has held that, in respect of Group C and D employees, if the excess amount is paid to the employee by the employer, by mistake, it cannot be recovered, that too when they are due for retirement within one year from the order of recovery. In this case, the impugned order of recovery has been issued on the last date of his retirement. 4. This Court, in similar circumstances in W.P.No.48553/2016, on similar ground, has allowed the writ petition directing the respondents to refund the amount recovered from the petitioner with interest @ 6% p.a. from the date of recovery till the date of realization. 5. In view of the above, the following order is passed: (i) The writ petition is allowed. - 5 - HC-KAR NC: 2025:KHC:33993 WP No. 32161 of 2024 (ii) The impugned order dated 31.12.2021 vide Annexure-B passed by the third respondent is quashed. (iii) The third respondent is directed to refund a sum of Rs.71,937/- to the petitioner with interest @ 6% p.a. from the date of recovery till the date of realization. (iv) This exercise shall be completed as expeditiously as possible, not later than three months from the date of receipt of a copy of this order. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM LIST NO.: 1 SL NO.: 50