- 1 - HC-KAR NC: 2026:KHC:3773 WP No. 15650 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 15650 OF 2023 (S-RES) BETWEEN: B.K. BHADREGOWDA S/O KENDEGOWDA AGED ABOUT 64 YEARS RETIRED JUNIOR ENGINEER (ELE) BESCOM, N-9 SD, PEENYA DIVISION R/AT 1270/A 75, 8TH MAIN 3RD CROSS, BHUVANESHWARI NAGAR T DASARAHALLI, BANGALORE - 560057. …PETITIONER (BY SRI. SRINIVASA K., ADVOCATE) AND: 1. DIRECTOR (A & HR) KPTCL , KAVERI BHAVANA BANGALORE - 560009. 2. CHIEF GENERAL MANAGER (F & C) BESCOM, CORPORATE OFFICE K R CIRCLE BANGALORE - 560001. 3. SUPERINTENDING ENGINEER (ELE) BESCOM, O AND M NORTH CIRCLE CRESCENT TOWER CRESCENT ROAD BANGALORE - 560009. 4. EXECUTIVE ENGINEER (ELE) BESCOM, O AND M, PEENYA DIVISION Digitally signed by MALATHI CHALUVA IYENGAR Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:3773 WP No. 15650 of 2023 PEENYA 3RD STAGE NEAR UCO BANK BANGALORE – 560058. …RESPONDENTS (BY SMT. ANJANA A V, ADVOCATE FOR SMT. RAKSHITHA D J., ADVOCATE R1 TO R3: R4 IS SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED OFFICIAL MEMORANDUM BEARING NO: PÁ¤EA(«)/¦Ã«/¯É/¸À¯É/»¸À/770-73 DATED: 28.05.2019 ISSUED BY THE R-4 VIDE ANNEXURE-C TO THE WRIT PETITION. 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 and 227 of the Constitution of India, challenging the Official Memorandum dated 28.05.2019 issued by respondent No.4 vide Annexure-C, whereby respondent No.4 ordered recovery of a sum of Rs.1,57,576/- from the pensionary benefits of the petitioner on the ground that excess salary had been paid to him during his service. 2. The learned counsel appearing for the petitioner submitted that, in view of the judgment of the Apex Court - 3 - HC-KAR NC: 2026:KHC:3773 WP No. 15650 of 2023 in STATE OF PUNJAB AND OTHERS VS. RAFIQ MASIH (WHITE WASHER) AND OTHERS, reported in (2015) 4 SCC 334, recovery cannot be effected from a retired employee belonging to either Group-C or Group-D. The petitioner, who was working as a Junior Engineer, retired as a Group-C employee. In similar matters, this Court, in W.P. No.2448/2022 disposed of on 08.02.2023 and W.P. No.9717/2024 disposed of on 25.04.2024, has allowed the writ petitions by quashing the said communications. 3. The same has not been disputed by the learned counsel appearing for the respondents. 4. In view of the above, the following: ORDER i) The writ petition is allowed. ii) The impugned Official Memorandum dated 28.05.2019 issued by respondent No.4 vide Annexure-C is quashed. - 4 - HC-KAR NC: 2026:KHC:3773 WP No. 15650 of 2023 iii) The respondent No.4 is directed to repay any amount that may have been deducted from the petitioner’s pension, along with interest at the rate of 6% per annum. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM LIST NO.: 1 SL NO.: 45