- 1 - HC-KAR NC: 2026:KHC:6840 WP No. 18786 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. 18786 OF 2023 (S-RES) BETWEEN: MAHADEVA S/O MUNIYAPPA AGED ABOUT 68 YEARS RETIRED JUNIOR ENGINEER (ELE) BESCOM, C-1, SUB DIVISION MALLESHWARAM DIVISION BANGALORE - 560 021 R/AT P27, 3RD CROSS C BLOCK GAYATHRINAGARA, BANGALORE - 560 021 …PETITIONER (BY SMT. SANGEETHA, ADVOCATE FOR SRI. SRINIVASA K., ADVOCATE) AND: 1. DIRECTOR (A AND HR) KPTCL, KAVERI BHAVANA BANGALORE - 560009. 2. CHIEF GENERAL MANAGER ( F AND C) BESCOM, CORPORATE OFFICE K.R CIRCLE, BANGALORE - 560 001. 3. SUPERINTENDING ENGINEER (ELE) BESCOM, O AND M NORTH CIRCLE NEAR MALLIGE HOSPITAL BANGALORE - 560 001. 4. EXECUTIVE ENGINEER (ELE) BESCOM, O AND M MALLESHWARAM DIVISION Digitally signed by MALATHI CHALUVA IYENGAR Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:6840 WP No. 18786 of 2023 19, 13TH CROSS ROAD BANGALORE - 560 021. …RESPONDENTS (BY SMT. PUSHPAKANTHA., 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 BEARING NO: PÁ¤EA («)/ªÀÄ«/¯É/¸À¯É/EJf/5570 DATED: 18/02/17, ISSUED BY THE R4 VIDE ANNEXURE-C 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 & 227 of the Constitution of India, seeking the following prayers: “i) Issue a writ of certiorari quashing the impugned Official Memorandum bearing No. PÁ¤EA («)/ªÀÄ«/¯É/¸À¯É/EJf/5570 dated 18.02.2017 issued by the 4th respondent vide Annexure-C to the writ petition. ii) Issue a writ of mandamus directing the respondent No.4 to refund the entire amount of Rs.2,67,714/- along with interest at 6% p.a. to be effective from 01.08.2016 as per the representation of the petitioner dated - 3 - HC-KAR NC: 2026:KHC:6840 WP No. 18786 of 2023 09.08.2023 vide Annexure-G to the writ petition.” 2. The case of the petitioner is that he was a permanent employee of the respondent - Corporation. He retired as Station Attender Grade-2. By the impugned order, the respondent has deducted a sum of Rs.2,67,714/- from his pensionary benefits as excess salary was paid to him. 3. 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 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. 4. In view of the above, the following order: (i) The writ petition is allowed. - 4 - HC-KAR NC: 2026:KHC:6840 WP No. 18786 of 2023 (ii) The impugned official memorandum dated 18.02.2017 vide Annexure-C 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’s right to avail the benefit of such refund with interest is reserved, with 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 period of six weeks therefrom to enable refund as aforesaid. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM, LIST NO.: 1 SL NO.: 51