BASAVESHWAR S/O. SHIVALINGAPPA CHANNANNAVAR v. THE MANAGING DIRECTOR
WP/109515/2014 · 2026-01-23
K S Hemalekha
body2026
DailyLaw.ai
[ 2026 DAILYLAW 52604 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 52604 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC-D:894 WP No. 109515 of 2014
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 23RD DAY OF JANUARY 2026 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA WRIT PETITION NO. 109515 OF 2014 (S-RES)
BETWEEN:
SHRI. BASAVESHWAR S/O. SHIVALINGAPPA CHANNANNAVAR, AGE: 50 YEARS, OCC: ACCOUNTS OFFICER, O AND M DIVISION, HESCOM, BAILHONGAL, R/O. HOUSE NO.527/A/26, ”BASAVESHWARA NIVASA”, TEACHERS COLONY, BAILHONGAL, DIST: BELGAUM.
…PETITIONER (BY SRI. SUHAS K.HOSAMANI, ADVOCATE FOR SRI. A.S.PATIL, ADVOCATE)
AND:
1.
THE MANAGING DIRECTOR KARNATAKA POWER TRANSMISSION, CO. LTD., (KPTCL), CAUVERY BHAVAN, BANGALORE-560009.
2.
THE DIRECTOR (ADMN. AND HR) KPTCL, CAUVERY BHAVAN, BANGALORE-560009.
MANJANNA E Digitally signed by MANJANNA E Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2026.01.30 10:48:12 +0530
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HC-KAR NC: 2026:KHC-D:894 WP No. 109515 of 2014
3.
THE DEPUTY GENERAL MANAGER KARNATAKA POWER TRANSMISSION, CO. LTD., (KPTCL), CAUVERY BHAVAN, BANGALORE-560009.
4.
THE EXECUTIVE ENGINEER (ELCL.) O AND M DIVISION, HUBLI ELECTRICITY SUPPLY COMPANY LTD., (HESCOM), BAILHONGAL, DIST: BELGAUM.
…RESPONDENTS (BY SRI. B.S.KAMATE, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED COMMUNICATION DATED 06.03.2014 ISSUED BY THE RESPONDENT NO.3 IN NO.KA VI PRA NI NI/B16/39429/ 2013-14 AS PER ANNEXURE-E AND THE IMPUGNED COMMUNICATION DATED 16.08.2014 ISSUED BY THE RESPONDENT NO.2 IN NO.KA VI PRA NI NI/B16/39429/2013-14 AS PER ANNEXURE-H AND ETC.
THIS WRIT PETITION COMING ON FOR ORDER THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA
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HC-KAR NC: 2026:KHC-D:894 WP No. 109515 of 2014
ORAL ORDER
The petitioner has called in question the endorsement/communications dated 06.03.2014 and 16.08.2014, whereby the respondents rejected the petitioner's claim for stepping up of pay on par with his junior, and seeking a consequential direction for reconsideration in accordance with him.
Brief facts:
2. The petitioner entered into service as a junior assistant on 11.08.1986. His junior entered service later on 19.08.1986 in the same cadre and pay scale. The petitioner was promoted earlier than his junior. Despite this, during the relevant period, an anomaly arose in pay, whereby the junior came to draw a higher basic pay than the petitioner. The petitioner submitted representations seeking stepping- up of pay, placing reliance on the Board Order dated 06.07.2009 permitting stepping-up in appropriate cases and on judicial precedents. The competent officers at the field level examined the records and recommended rectification.
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HC-KAR NC: 2026:KHC-D:894 WP No. 109515 of 2014
However, the claim was rejected by the impugned endorsement dated 16.03.2014 and 16.08.2014, primarily on the ground that the pay difference arose due to promotion-related pay fixation, rendering stepping-up impermissible.
3.
Learned counsel for the petitioner contends that he is undisputedly senior and discharging identical duties as the junior, and that Article 14 of the Constitution of India prohibits a senior from drawing lesser pay with a legally sustainable justification. It is urged that the authorities failed to examine the real cause of the anomaly, ignored the Board Order dated 06.07.2009, and did not deal with the factual recommendation made. It is contended that the impugned orders are non-speaking, mechanical and contrary to the settled principles governing pay parity and stepping-up.
4. Per contra, learned counsel for the respondents submits that there is no anomaly and that the pay
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HC-KAR NC: 2026:KHC-D:894 WP No. 109515 of 2014
difference occurred solely due to the promotion-related pay fixation of the junior at a later point of time. It is contended that the rules do not permit stepping-up, where the difference arises on account of promotion and not due to grant of additional increments. Reliance on the earlier judgments is stated to be misplaced and the writ petition is liable to be dismissed.
5. This Court has carefully considered the
contentions urged and perused the material on record.
6. It is not in dispute that the petitioner is senior and that both are now placed in equivalent post. The impugned endorsements does not reflect a detailed examination of the factual matrix, including the cause of the pay difference, the recommendation and the Board Order dated 06.07.2009. The rejection proceeds on a broad assumption that stepping-up is impermissible whenever promotion is involved, without examining whether the anomaly persists even after both officers occupy equivalent
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HC-KAR NC: 2026:KHC-D:894 WP No. 109515 of 2014
posts and whether the case falls within the permissible parameters laid down by the Board. Administrative decisions affecting service benefits must be reasoned and informed by relevant considerations. The authority were required to undertake a comparative analysis of pay fixation, increments, date of promotion and the continued existence of anomaly and to test the claim against the board's policy and binding precedents. The impugned endorsements being cryptic and conclusory, cannot be sustained.
7. In the circumstances, this Court deems it appropriate to set aside the impugned orders and remand the matter for fresh consideration. Accordingly, this Court pass the following:
ORDER i. The writ petition is allowed. ii. The endorsements / communications dated 16.03.2014 and 16.08.2014 are hereby set aside.
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HC-KAR NC: 2026:KHC-D:894 WP No. 109515 of 2014
iii. The matter is remanded back to the competent authority to reconsider the petitioner's claim for setting-up of pay afresh in accordance with law, bearing in mind the Board order dated 06.07.2009 and the observations made therein. iv. While reconsidering, the authority shall afford the petitioner an opportunity of hearing and pass the reasoned order within a period of three months from the date of receipt of the copy of this order. v. All the contentions of both parties are kept open. vi. No opinion on merits of the claim is expressed.
Sd/- JUSTICE K.S.HEMALEKHA
AT Ct:VH List No.: 1 Sl No.: 26