- 1 - HC-KAR NC: 2026:KHC:6841 WP No. 17406 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 17406 OF 2023 (S-RES) BETWEEN: NURULLA KHAN. H S/O. HASSAN KHAN AGED ABOUT 63 YEARS RETIRED JUNIOR ENGINEER (ELE) TL AND SS CHITHRADURGA, KPTCL R/AT SANGOLLI RAYANNA ROAD OPP. GURU RAGHAVENDRA MEDICAL STORE GANDHINAGAR, CHALLAKERE-577 522. …PETITIONER (BY SMT. SANGEETHA, ADVOCATE FOR SRI. SRINIVASA K., ADVOCATE) AND: 1. DIRECTOR (A AND HR) KPTCL, KAVERI BHAVAN BANGALORE-560 009. 2. CHIEF GENERAL MANAGER (F AND C) BESCOM, CORPORATE OFFICE K.R. CIRCLE, BANGALORE-560 001. 3. SUPERINTENDING ENGINEER (ELE) BESCOM, O AND M CIRCLE HADHADI ROAD, DAVANAGERE-577 001. 4. EXECUTIVE ENGINEER (ELE) KPTCL, TL AND SS CHITHRADURGA DIVISION CHITHRADURGA-577 501. …RESPONDENTS Digitally signed by MALATHI CHALUVA IYENGAR Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:6841 WP No. 17406 of 2023 (BY SMT. SHUBHA S., ADVOCATE FOR R1 TO R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE IMPUGNED OFFICIAL MEMORANDUM No: PÁ¤EA («)/n.J¯ï. & J¸ï. J¸ï/¯ÉC/¸À¯É/2021-22 /2204 DATED: 30.12.2021, ISSUED BY THE R4 VIDE ANNEXURE-B TO THE WRIT PETITION TO THE WRIT PETITION AND ETC. 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 30.12.2021 issued by the fourth respondent, vide Annexure-B, whereby the respondent has been deducting amounts from the petitioner’s pensionary benefits on the ground that excess salary was paid to him. 2. This Court, in similar circumstances, in W.P.No. 2448/2022, disposed of on 08.02.2023, following the judgment of the Hon’ble Apex Court in STATE OF PUNJAB AND OTHERS V. RAFIQ MASIH (WHITE WASHER) AND OTHERS, reported in (2015) 4 SCC - 3 - HC-KAR NC: 2026:KHC:6841 WP No. 17406 of 2023 334, allowed the writ petition and directed the respondent to repay the amount deducted from the petitioner’s pension along with interest at the rate of 6% p.a. 3. In view of the above, the following order: (i) The writ petition is allowed. (ii) The impugned official memorandum dated 30.12.2021 vide Annexure-B issued by the fourth respondent is quashed. (iii) Consequentially, the respondents are directed to repay the amount that may be deducted from the petitioner's pension along with interest at the rate of 6% p.a. (iv) The petitioner to avail the benefit of such refund with interest, is reserved liberty to file a representation with the fourth respondent within two weeks from the date of receipt of a certified copy of this order and if such a representation is filed, the fourth respondent is directed to pass suitable orders within a - 4 - HC-KAR NC: 2026:KHC:6841 WP No. 17406 of 2023 period of six weeks therefrom to enable refund as aforesaid. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM List No.: 1 Sl No.: 49