- 1 - HC-KAR CNR: KAHC010023802026 NC: 2026:KHC:37453 WP No. 1142 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 1142 OF 2026 (S-RES) BETWEEN: SRI M NAJUNDAPPA S/O LATE MUNIYAPPA, AGED ABOUT 63 YEARS, RETIRED JUNIOR ASSISTANT, O/O THE EXECUTIVE ENGINEER (ELEC.), KARNATAKA POWER TRANSMISSION CORPORATION LIMITED, K.R.CIRCLE, TELECOMMUNICATION DIVISION (SOUTH), BANGALORE - 560 001, RESIDING AT NO.65, GUNDU RAMAIAH STREET, AGRAHARA, NEAR RANGANATHA SWAMY TEMPLE, KANAKAPURA - 562 117. …PETITIONER (BY SRI. DEVARAJ N., ADVOCATE) AND: 1. THE MANAGING DIRECTOR KARNATAKA POWER TRANSMISSION CORPORATION LIMITED, CORPORATE OFFICE, BANGALORE - 560 001. 2. THE CHIEF ENGINEER (ELEC.,), KARNATAKA POWER TRANSMISSION CORPORATION LIMITED, CORPORATE OFFICE, ANANDARAO CIRCLE, BANGALORE - 560 009. Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010023802026 NC: 2026:KHC:37453 WP No. 1142 of 2026 3. THE EXECUTIVE ENGINEER (ELEC.), KARNATAKA POWER TRANSMISSION CORPORATION LIMITED, K.R.CIRCLE, TELECOMMUNICATION DIVISION (SOUTH), BANGALORE - 560 001. …RESPONDENTS (BY SRI. A CHANDRADHUD, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS, PERTAINING TO THE CASE AND TO GRANT THE FOLLOWING RELIEF: A) ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION, QUASHING THE IMPUGNED ORDER BEARING No.MuHim(V)/RaaVRaKim/AaSa/Le/SaLe/HiSa/Ka-16/3922-23 DATED 30.07.2022 MARKED AT 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. 48,334/- ALONG WITH 18 PERCENT INTEREST P.A., TO MEET THE ENDS OF JUSTICE AND C) ISSUE ANY SUCH ORDERS AS THIS HON'BLE COURT DEEMS FIT TO GRANT IN THE FACTS AND CIRCUMSTANCES OF THE CASE, TO MEET THE ENDS OF JUSTICE. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI - 3 - HC-KAR CNR: KAHC010023802026 NC: 2026:KHC:37453 WP No. 1142 of 2026 ORAL ORDER 1. The petitioner filed this writ petition seeking following reliefs: a) issue a writ of certiorari or any other appropriate writ, order or direction, quashing the impugned order bearing No.MuHim(V)/RaaVRaKim/AaSa/Le/Sa Le/HiSa/Ka-16/3922-23 dated 30.07.2022 marked at 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. 48,334/- along with 18 percent interest p.a., to meet the ends of justice and c) issue any such orders as this Hon'ble Court deems fit to grant in the facts and circumstances of the case, to meet the ends of justice. - 4 - HC-KAR CNR: KAHC010023802026 NC: 2026:KHC:37453 WP No. 1142 of 2026 2. Brief facts leading rise to the filing of this writ petition are as follows: 3. The petitioner was appointed as a Junior Assistant on 02.05.1986 in the establishment of the respondent. He has retired from service on attaining the age of superannuation on 31.07.2022. Respondent No.3 without giving an opportunity to the petitioner has refixed the pay of the petitioner from 28.03.2021 to 08.02.2022 and ordered to recover a sum of ₹48,334/- from the retirement benefits of the petitioner vide Official Memorandum dated 30.07.2022. 4. The petitioner submitted a representation to respondent No.2 requesting not to recover the said amount. The petitioner aggrieved by the Official Memorandum dated 30.07.2022 filed this petition. 5. Heard the learned counsel for the petitioner and learned counsel for the respondents. - 5 - HC-KAR CNR: KAHC010023802026 NC: 2026:KHC:37453 WP No. 1142 of 2026 6. Admittedly, respondent No.3 has not afforded any opportunity to the petitioner before passing the impugned order and has recovered the amount from the retirement benefits of the petitioner, which is contrary to the proposition laid down by the Hon'ble Apex Court in the case of State of Punjab and others. v. Rafiq Masih (White Washer)1. 7. In identical matters, this Court has already set aside the similar Official Memorandums. As such, the petitioner is also entitled for similar order on the ground of parity. 8. In view of the above discussion, I pass the following: ORDER (i) The writ petition is allowed; (ii) The impugned Official Memorandum dated 30.07.2022 passed by 1 AIR 2015 SC 696 - 6 - HC-KAR CNR: KAHC010023802026 NC: 2026:KHC:37453 WP No. 1142 of 2026 respondent No.3 vide Annexure ‘B’ is hereby quashed. (iii) The respondents are directed to consider the representation dated 22.11.2023 submitted by the petitioner, vide Anenxure ‘C’, keeping in mind the ratio laid down by the Hon'ble Apex Court in the case of Rafiq Masih (supra) and pass an appropriate order in accordance with law within a period of 3 weeks from the date of receipt of a copy of this order. (iv) As far as refund of amount along with interest is concerned, the same will be subject to the outcome of the order to be passed on the representation. Sd/- (ASHOK S.KINAGI) JUDGE RK List No.: 1 Sl No.: 40