- 1 - HC-KAR NC: 2026:KHC:14741 WP No. 7224 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 7224 OF 2026 (S-RES) BETWEEN: SRI. JOHN J. BINZE S/O LATE T.M.JOHN, AGED ABOUT 61 YEARS, RETIRED MATHEMATICS ASSOCIATE PROFESSOR, ST. JOSEPH'S COLLEGE, R/AT NO.1/4, KALATHUR LAYOUT, GANGAMMA CIRCLE, JALAHALLI POST, BENGALURU - 560 013. …PETITIONER (BY SRI. P.N. NANJA REDDY, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, EDUCATION DEPARTMENT (HIGHER EDUCATION), DR. AMBEDKAR VEEDHI, BENGALURU - 560 001. 2. THE COMMISSIONER FOR COLLEGIATE TECHNICAL EDUCATION, K.R. CIRCLE, BENGALURU - 560 001. Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:14741 WP No. 7224 of 2026 3. THE ADDITIONAL DIRECTOR FOR COLLEGIATE EDUCATION, K.R.CIRCLE, BENGALURU - 560 001. 4. THE JOINT DIRECTOR FOR COLLEGIATE AND TECHNICAL EDUCATION, PALACE ROAD, BENGALURU - 560 001. …RESPONDENTS (BY SRI. SPOORTHY HEGDE, AGA) THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE CIRCULAR BEARING NO.DCE/229/CR-2/TBS/2024-25 DATED 22.07.2024 (ANNEXURE-F) ISSUED BY THE 3RD RESPONDENT IN SO FAR AS WITHHOLDING A SUM OF RS.5,00,000/- SHOWN IN THE SAID ORDER AS THE SAME IS ILLEGAL, ARBITRARY AND CONTRARY TO THE JUDGMENT OF THIS COURT IN W.P.NO.7871/2022 DATED 11.04.2023 AS PER ANNEXURE-J AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioner seeks the following reliefs. a) Issue a writ of certiorari or any other appropriate writ, order quashing the circular bearing No.DCE/229/CR-2/TBS/2024-25 dated 22.07.2024 - 3 - HC-KAR NC: 2026:KHC:14741 WP No. 7224 of 2026 (Annexure-F) issued by the 3rd Respondent in so far as withholding a sum of Rs.5,00,000/- shown in the said order as the same is illegal, arbitrary and contrary to the judgment of this Court in W.P.No.7871/2022 dated 11.04.2023 as per Annexure-J. b) Issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondents to refund the amount of Rs.5,00,000/- along with 12% interest which has been illegally withheld contrary to the judgment of this Hon'ble Court referred to above grant all the consequential benefits consequent upon quashing the circular and the order dated 22.07.2024 at Annexure-F. c) Direct the contesting respondents to pay the costs of these proceedings and grant such other relief or reliefs as this Hon'ble court deems fit to grant in the circumstances of the case, in the interest of justice." 2. A perusal of the material on record would indicate that the issue in controversy between the parties in relation to the impugned circular at Annexure - F dated 22.07.2024 insofar as it relates to withholding a sum of Rs.5,00,000/- from the HRA payable to the petitioner from out of his retirement benefits is directly and squarely covered by the judgment of - 4 - HC-KAR NC: 2026:KHC:14741 WP No. 7224 of 2026 this Court in WP No.7871/2022 C/w WP.No.4813/2022 dated 11.04.2023 wherein it is held as under. "ORDER In these writ petitions, petitioners are seeking to quash the Circular dated 06th January, 2022 issued by the respondent No.2 for recovery of House Rent Allowance insofar as the petitioners are concerned. 2. Heard Sri. Sri. Nanja Reddy P.N., learned counsel appearing for petitioners and Sri. M.S. Nagaraja, learned Additional Government Advocate appearing for respondents. 3. Having heard the learned counsel appearing for the parties, I have carefully considered the averments made in the writ petitions, same would indicate that impugned Circular has been issued by the respondent No.2 for recovery of House Rent Allowance based on the original appointment / place of living. The said recovery initiated by the respondent No.2, iş contrary. to the law declared by Hon'ble Apex Court in the case of STATE OF PUNJAB AND OTHERS vs. RAFIQ MASHIH (WHITE WASHER) AND OTHERS reported in (2015)4 SCC 334 and same is followed in the case of THOMAS DANIEL vs. STATE OF KERALA AND OTHERS reported in 2022 LiveLaw (SC) 436 by the Hon'ble Apex Court. In that view of the matter, Impugned Circular issued by the respondent No.2 for recovery of House Rent Allowance from the petitioners - 5 - HC-KAR NC: 2026:KHC:14741 WP No. 7224 of 2026 is liable to be set-aside. Accordingly, recovery initiated by the respondent No.2 against the petitioners in terms of Circular dated 06th January, 2022 is set aside. In the result, writ petitions are allowed." 3. In view of the aforesaid facts and circumstances and the judgment of this Court in WP.No.7871/2022 C/w WP.No.4813/2022 supra, I deemed it just and appropriate to allow and dispose of this petition in terms of the aforesaid judgment by issuing certain directions. ORDER (i) The petition is hereby allowed and disposed of in terms of the judgment passed by this Court in WP.No.7871/2022 C/w WP.No.4813/2022 dated 11.04.2023. (ii) The concerned respondents are directed to refund a sum of Rs.5,00,000/- within a period of six weeks from the date of receipt of copy of this order. Sd/- (S.R.KRISHNA KUMAR) JUDGE BH List No.: 1 Sl No.: 20