- 1 - HC-KAR CNR: KAHC010264832026 NC: 2026:KHC:40330-DB WP No. 11839 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2026 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE DR. JUSTICE K.MANMADHA RAO WRIT PETITION NO. 11839 OF 2026 (S-KSAT) BETWEEN: 1. THE STATE OF KARNATAKA, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF SCHOOL EDUCATION AND LITERACY, M.S. BUILDING, BENGALURU -560 001. 2. THE COMMISSIONER, DEPARTMENT OF SCHOOL EDUCATION AND LITERACY, NRUPATHUNGA ROAD, BENGALURU-560 001. 3. THE DIRECTOR IN THE O/O COMMISSIONER, DEPARTMENT OF SCHOOL EDUCATION AND LITERACY, NRUPATHUNGA ROAD, BENGALURU-560 001. 4. THE DEPUTY DIRECTOR OF SCHOOL EDUCATION AND LITERACY, O/O THE DDPI, KOLAR-563 101. 5. THE BLOCK EDUCATION OFFICER, MALUR, KOLAR DISTRICT-563 130. …PETITIONERS (BY SRI. V SHIVA REDDY, AGA) Digitally signed by NANJUNDACHARI Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010264832026 NC: 2026:KHC:40330-DB WP No. 11839 of 2026 AND: 1. SMT. SARDAR BEGUM W/O A. ZAFRULLA KHAN, AGED ABOUT 63 YEARS, PRIMARY SCHOOL URDU TEACHER (R), GOVERNMENT URDU HIGHER PRIMARY SCHOOL, TEKAL, MALUR TALUK, KOLAR DISTRICT-563 130, R/A ZEENAT MANZIL, NEAR C.C. WATER WORKS, SHAHENSHANAGAR, KOLAR-563 101. 2. THE ACCOUNTANT GENERAL (A AND E), P B NO 5329/5369, ANNEX BUILDING, PARK HOUSE ROAD, BENGALURU-560 001. …RESPONDENTS THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) ISSUE WRIT IN THE NATURE OF CERTIORARI TO QUASH THE ORDER PASSED BY THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, BENGALURU IN APPLICATION NO.5228/2024 DATED 11/03/2025 MARKED AT ANNEXURE-A TO THE WRIT PETITION AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.G.PANDIT AND HON'BLE DR. JUSTICE K.MANMADHA RAO - 3 - HC-KAR CNR: KAHC010264832026 NC: 2026:KHC:40330-DB WP No. 11839 of 2026 ORAL ORDER (PER: HON'BLE MR. JUSTICE S.G.PANDIT) Heard learned Additional Government Advocate Sri.V.Shivareddy for petitioners – State and perused the entire writ petition papers. 2. The State by School Education and Literacy Department are before this Court aggrieved by order dated 11.03.2025 in Application No.5228/2024 passed by the Karnataka State Administrative Tribunal at Bengaluru (for short, ‘the Tribunal’), whereunder the respondent No.1’s application questioning order of recovery is partly allowed, rejecting the prayer of respondent No.1 not to reduce the last pay drawn by the petitioner from Rs.40,800/- to Rs.38,850/- and fix all retirement benefits like DCRG, Pension etc. 3. It is seen that the respondent No.1 was appointed in terms of the appointment order dated - 4 - HC-KAR CNR: KAHC010264832026 NC: 2026:KHC:40330-DB WP No. 11839 of 2026 04.11.1999 under Rural Weightage quota and the appointment of respondent No.1 came to be terminated in view of the striking down of Rule relating to Rural weightage which had attained finality before the Hon'ble Apex Court. Thereafter, to save such appointments, the Government had brought into force rules called Karnataka Civil Services (Absorption of the persons appointed to the State Services with benefits of Rural Weightage] [Special] Rules, 2003 (for short, ‘Rules, 2003’). In terms of the said Rules, respondent No.1 was re-appointed on 01.12.2003. 4. The pay on her re-appointment, instead of fixing the pay from minimum of the stage, the pay was fixed taking into consideration her earlier date of appointment. The said anomaly was rectified at the time of respondent No.1’s retirement and on re-fixation under O.M., dated 19.06.2024, excess pay of Rs.5,73,163/- was ordered to be recovered while reducing the pay of - 5 - HC-KAR CNR: KAHC010264832026 NC: 2026:KHC:40330-DB WP No. 11839 of 2026 respondent No.1 by withdrawing two increments, which were granted erroneously. 5. The Tribunal taking note of the fact that respondent No.1 is a Group-C official and the recovery is on retirement of respondent No.1, applying the principles laid down by the Hon'ble Apex Court in the case of STATE OF PUNJAB AND OTHERS VS. RAFIQ MASIH, WHITE WASHER AND ETC., reported in (2015) 4 SCC 334, allowed the application and quashed the recovery, however confirmed the reduction of pay by refusing the prayer of respondent No.1 to re-fix the pension on the last pay drawn. 6. On hearing the learned Additional Government Advocate, we are not inclined to interfere with the order passed by the Tribunal. 7. Admittedly, the recovery of excess pay of respondent No.1 is subsequent to her retirement or on her - 6 - HC-KAR CNR: KAHC010264832026 NC: 2026:KHC:40330-DB WP No. 11839 of 2026 retirement. The Hon'ble Apex Court in RAFIQ MASIH (supra) has held that the recovery from Class-III and Class-IV officials as well as recovery from the retired employees, or the employees who are due to retire within on year would be impermissible. 8. In the light of the above, we do not find any merit in the writ petition and accordingly writ petition stands rejected. Sd/- (S.G.PANDIT) JUDGE Sd/- (DR.K.MANMADHA RAO) JUDGE NC CT:bms List No.: 1 Sl No.: 17