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2026 DAILYLAW 35168 (KAR)

SRI DASEGOWDA B T v. THE MANAGING DIRECTOR

WP/2771/2026 · 2026-08-13

Ashok S Kinagi

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010053002026 NC: 2026:KHC:43413 WP No. 2771 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 2771 OF 2026 (S-RES) BETWEEN: 1. SRI DASEGOWDA B T S/O. LATE TOPEGOWDA, AGED ABOUT 73 YEARS, RETIRED ASSISTANT, KPTCL, RPAR NO.21479, PENSION NO. KP/2037, R/O. NO.1719, ANNAPURNESHWARI NILAYA, 5TH CROSS, 6TH MAIN ROAD, KALYAN NAGAR, T.DASARAHALLI, BENGALURU-560 057 2. SRI. HUCHAIAH Y.B S/O. LATE BHEERAIAH, AGED ABOUT 70 YEARS, BESCOM, RPAR NO.201274, PENSION NO. BP/875, R/O. JAKKASANDRA, KASABA HOBLI, NELAMANGALA, BENGALURU RURAL DISTRICT-562 123 …PETITIONERS (BY SRI. SUBRAHMANYA DATTATRAY P., ADVOCATE) AND: 1. THE MANAGING DIRECTOR KPTCL, CORPORATE OFFICE, KAVERI BHAVAN, BENGALURU-560 009 Digitally signed by SHILPABAI S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010053002026 NC: 2026:KHC:43413 WP No. 2771 of 2026 2. THE DIRECTOR ADMINISTRATION AND HUMAN RESOURCES, CORPORATE OFFICE, KPTCL, CAUVERY BHAVAN, BANGALORE 560 009 3. THE GENERAL MANAGER ADMINISTRATION AND HUMAN RESOURCES, CORPORATE OFFICE, BESCOM, K.R. CIRCLE, BENGALURU-560 009 …RESPONDENTS (BY SRI. CHANDRACHUD A., ADVOCATE FOR R1 TO R3 SMT. RAKSHITHA D J, ADVOCATE FOR R3 (VK NOT FILED)) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO I. ISSUE A WRIT OF MANDAMUS OR ANY OTHER WRIT OR ORDER OR DIRECTION, DIRECTING THE RESPONDENTS TO RE- FIX THE SALARY BY GRANTING ONE ANNUAL INCREMENT ACCRUED ON THE DATE OF RETIREMENT ON COMPLETION OF ONE YEAR SERVICE IMMEDIATELY PRECEDING THE DATE OF RETIREMENT AND CONSEQUENTLY, ALSO REFIT AND PAY THEIR PENSION ALONG WITH THE ARREARS OF SALARY AND PENSION ACCRUED SO FAR, IN THE INTEREST OF JUSTICE AND EQUITY. OR IN THE ALTERNATIVELY II. ISSUE A WRIT OF MANDAMUS OR ANY OTHER WRIT OR ORDER OR DIRECTION, DIRECTING THE RESPONDENTS TO CONSIDER THE REPRESENTATION SUBMITTED BY THE PETITIONER NO.1 DTD.11.08.2025 (ANNEXURE-C) AND THE REPRESENTATION SUBMITTED BY THE PETITIONER NO.2 DTD. 14.01.2026 (ANNEXURE-D) FOR RE-FIXATION OF SALARY BY GRANTING ONE ANNUAL INCREMENT ACCRUED ON THE DATE OF RETIREMENT ON COMPLETION OF ONE YEAR SERVICE IMMEDIATELY PRIOR TO THE DATE OF RETIREMENT AND CONSEQUENTLY, ALSO REFIT AND PAY THEIR PENSION ALONG WITH THE ARREARS OF SALARY AND PENSION ACCRUED SO FAR, IN THE INTEREST OF JUSTICE AND EQUITY. - 3 - HC-KAR CNR: KAHC010053002026 NC: 2026:KHC:43413 WP No. 2771 of 2026 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 ORAL ORDER The petitioner filed this writ petition seeking a mandamus directing the respondents to re-fix the salary by granting one annual increment accrued on the date of retirement on completion of one year service immediately preceding the date of retirement and consequently, also refit and pay their pension along with the arrears of salary and pension accrued so far, and to consider the representation dated 11.08.2025 submitted by petitioner No.1 vide Annexure-C and representation dated 14.01.2026 submitted by petitioner No.2 vide Annexure-D, wherein the petitioners have requested for re-fixation of salary by granting one annual increment accrued on the date of retirement on completion of one year service immediately prior to the date of retirement and consequently, also refit and pay their pension along with the arrears of salary and pension accrued so far. Despite the receipt of the representations, the - 4 - HC-KAR CNR: KAHC010053002026 NC: 2026:KHC:43413 WP No. 2771 of 2026 respondents have not considered the representations vide Annexures-C and D. Hence, this petition. 2. Learned counsel for the respondents submits that, if reasonable time is granted, the respondents will consider the representations vide Annexures-C and D in terms of the Government order dated 04.06.2026, and pass appropriate orders in accordance with law. 3. In view of the submission made by learned counsel for the respondents, I proceed to pass the following: ORDER i. The writ petition is disposed of; ii. The respondents are directed to consider the representations vide Annexures-C and D in terms of the Government order dated 04.06.2026 and pass appropriate orders in accordance with law within one month from the date of receipt of a certified copy of this order; iii. Pending IA(s), if any, shall stand disposed of. Sd/- (ASHOK S.KINAGI) JUDGE PA List No.: 1 Sl No.: 36