Karnataka High Court
R.N.Nagaraja S/O Late ... vs The General Manager on 18 August, 2009
Author: Anand Byrareddy
Bench: Anand Byrareddy
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 18th DAY OF AUGUST 2003
BEFORE oo
THE HON' BLE MR. JUSTICE ANAND BYRAREDDY
WRIT PETITION Noe. 8046-63 OM 2009(8-R)
BETWEER :
1 R.N.NAGARAJA S/O LATE RY. NARASIMHAMURTHY
RETD. &R. ASSISTANT "BESTOM,
14/1, SRI. NARS IMHA. KRUPA. ©.
SEETHAPATHY AGRAHARA, BANGALORE, 366 002
2 oP §& SHANMUGAP PA S/o LATE P SHIVAPPA
RETD. SP... ASSISTANT BESCOM,...
9, MARUVANA, VIJAYANAGAR, BANGALORE 48
3 M8 "VESHYESWARA 2/2. Q SHI VANANDASASTRY
RETO. SR. ASSISTANT BESCOM,
11, NANJAPPA LAYOUT,
VIHDYARANYAPURA: BANGALORE.
4 P VITTALAMURTHY
: S/O SRI B.K.PANDURANGA SHARMA
-RETD. CONTROLLER OF ACCOUNTS, KPTCL
"BRANDHAVAN, 148-Y, 17THMAIN,
-. « 5OTH CROSS, 3RD Y BLOCK, RAJAJINAGAR,
BANGALORE 560 010
So eA SO AA PO URE UP RAKNALARA HIGH COURT OF KARNATAKA HIGH.C
5 G.M-PADMANBHANAIK S/O MUNISWAMY
. " ORETO. ASSISTANT BESCOM PPQ 1197/KP
bo. ce RYAT NO.A4, 32ND CROSS, 3RD MAIN,
So ac JAYANAGAR, 7TH BLOCK, BANGALORE 62
eet te et eS
M B SHIVANNA GOWDA 3/0 B BASAPPA
RETD. JUNIOR ENGINEER, PPOLO44KP
R/AT SHIVA KRUPA TUMMIAN KATTE ROAD,
HONNALI DAVANAGERE DISTRICT.
Oe
7 M BASAVARAJAPPA S/O HANUMANTHAPPA
RETO. CONTROLLER, PPO 1318/MP
CS
WOM RUA Pi OE OANA CAS OE I ER CO
BE te Ww ARUN OS OA PARA Pte
10
11
12
R/AT ASANGA NIALYA VINAYAKA NAGARA
160 FT. ROAD, OPP. TO USHA NARSING
HOME, SHIMOGA.
K MAHESHWARAPPA 3/0 MAHADEVAPPA
RETO. SR ASSISTANT PPO-i211/MP
R/AT THIMESHA KRUPA MEDHAR STHEET -_
IST CROSS, VINOBANAGAR SHIMOSA, --
M H CHANDRASHEKARAPPA 3/0 "UATE BASAVANNABPA
RETD. JR. ASSISTANT 1285/KP NO. 233,
SRI SAI NILAY RAILWAY PARALLEL /ELRACD, :
VINOBANAGAR SHIMOGA. ~
M KALINGAPPA 8/0 LATE "HALASIDDAPPA
RETD. SR. ASSISTANT PPO 1007/MP_
DARSHA NILAYA KANAKA NAGAR, 4ND CROSS
NEAR Ps Ne Tt COLONY, SHIMOGA.
H CHANDRA. SHEKARAPPA b/O H BASAPPA
RETD. ABE PPO S73/KP, -
R/AT. HOUSE NOMIC 12, KHB ZND PHASE
| KALUANHAL UI SHTMOGA.
oR SI DDARAMAPEA™-3/¢ RUDRAF PA
RETD. AEE(S), PPO 10S8/KE,
R/AT SOGASU NILAYA 2ND CROSS
60 FT ROAD, IST STAGE, VINCBHANAGAR
. SHTMOGA,
14
15
H- PADMAVATHAMMA S/O HALAPPA
~ RETDS ASSISTANT PPO 1348
R/AT SEERA LINGESHWARA NILAYA
6TH CROSS, A BLOCK GANDHINAGARA
-SHIMOGA.
K M MALAPPA S/O MALLIKARJUNA
RETO. SR.ASSISTANT, PPO 1370/MP,
R/AT METEEGI BADAVANE, NEAR ST
MERI CHARCH, 3RD CROSS, VINOBHA
NAGARA, SHIMOGA.
C R SHANKAR RAO S/O C & RUDROJI RAO
*DWARAKAMAI™ PPO 1380/MP
ARAVINDA NAGAR KEERTHI
S
NAGAR POST, SHIMOGA.
16 AV PASUPATHI S/O LATE A R VEERAIAH - oa
RETD. AEE {BI) PPO1613/MP me
135, 4TH CROSS, A.N.K.ROAD,
VENAKTESHA NAGAR, SHIMOGA.
17 KM KRISHNA MURTHY S/O K MOKESHWAR |
RETD. EE (E}) PPO 1315KP
15/2, NIHARIKA N.R.PURA ROAD,
NEAR MRS VIDYANAGARA. SHIMOGA 3.
18 GM VEERABADRAPPA S/O. LATE G.H. MARULAPPA
RETD. AEE (EY PPO 1008/2P > "
R/AT MARULA SIDDESHWARA' NTLAYA
NEAR TVITAL TEMPLE, SHARAVATHI NAGARA
SHIMOGA. ae
19 A SHANKARANARAYANA 3/Q K YENKATARAMANA BATTA
RET. EEE) PPO -1089/KP
SRI. RAGHAVENDRA, NILAYA,. "
NANJAPEX: -BALAVANE
BYPAS ROAD, VIDYA NAGARA SHIMOGA 3.
20 KS. NAGARAS S/O: LATE SRINIVASA MURTHY
RETD. L.M.C.R.2ET PPO 1450/MP,
RAKSANKITH SHARADHA BLAIND
- "SCHOOLR OAD, GOPALA EXTENSION,
us GORALA, 'SHIMOGA 4.
"Ot BG SRINIVASA S/O B T GOVINDAPPA
. RETO. SR.ASSISTANT PPO 1509/MP,
R/AT SRI LAKSHMIRANGANATHA NILAYA
ZND CROSS, GANDHINAGARA
'BHADRAVATHI.
Le MANJUNATHA 3/0 KESHAVA
~ RETD. ASSISTANT KPTCL
R/AT 2624, STH MAIN, 2ND STAGE,
K.8S. LAYOUT, BANGALORE.
ME er MEU REE OW Wr RMA DE UK UP AA RINAIARA HIGH COURT OF KARNATAKA HIGH G
--e
23. © 8 DEVAKUMAR 3/0 C SAMPATHAIAH
RETO. JUNIOR ENGINEER , PPO 1775/B5P
R/AT ACHU NILAYA 3RD MAIN, 23RD CROSS
SIDDESHWARA NAGARA,
: Ss
VIDHYANAGARA POST SHIMOGA.
24 & N YOGANARSIMHA S/O NARASINGHARAO
RETD. ASSISTANT BESCOM, PPO@S4/KP-.
R/AT 25/1, 2ND CROSS, CHIKKANNA ©
GARDEN, SHANKARAPURA, BANGALORE. 4 ~
oak "PETITIONERS:
(By Sri K RAGHAVENDRAACHAR, ADVOCATE)
ASD :
1 THE GENERAL MANAGER ~
(A & HRD) ; --_
CORPORATE OFFICE, KeT
CAUVERY BHAVAN, -
BANGALORE (NOW. REDESIGNATED Ag BELOW)
THE DIRECTOR {A & UHR), KPTCL,
CAUVERY | 'BHAVAN, "BANGALORE.
2 THE STATE OF KARNATAKA - "
REPRESENTED BY PRINCIPAL SECRETARY
. "M.S.BUILDR .NG, OR. BR AMBEDKAR VYEEDHI
BANGALORE. ~ s ... RESPOXDENTS
(By ari BR NIFBAH' XUMAR, ADVOCATE FOR RESPORDERT
WO.1 & Sci.J.P.SKINIVASA, AGA FOR RESPONDENT
HO. 2).
~0-0-0-0-0-
WO HIS WRIT PETITION I8 FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TQ SET-ASIDE THE IMPUGNED ORDERS DATED.
14.10.2008 VIDE ANNEXURE-~E1, DATED 4.10.2008 VIDE
. ANNEXURE-E2, DATED 4.10.20C8 VIDE ANNEXURE~-E3,
_.BATED 8.9, 2008 VIDE ANNEXURE-E4, DATED.
17.10.2008 VIDE ANNEXURE-ES, DATED 23.9.2008 VIDE
' ANNEXURE~E6 DATED 24.10.2008 VIDE ANNEXURE-E7,
'DATED 14.11.2008 VIDE ANNEXURE-ES, DATED
17.12.2008 VIDE ANNEXURE-ESY, DATED 25.4.2008 VIDE
ANNEXURE-E10, DATED 17.12.2008 VIDE ANNEXURE-E11,
DATED 25.9.2008 VIDE ANNEXURE-E12, DATED.
25.4.2008 VIDE ANX~-E13, DATED. 25.4.208 VIDE ANX~
Bl4, DATED 25.4.2008 VIDE ANNEXURE-E15, DATED.
S
Ca NN SE AEA IPT GR WT RIAA SE RO RA Se OU Or RA KIVATARA MGA LOUK! OP RAKNAIARA AIGTE®
TMT ANS MERE BSP eR TO RRIAMA PLUK) OF RARNATAKA HIGH COURT OF KARNATAKA HIGH €C
25.9,2008 VIDE ANNEXURE-E16, DATED 23.9.2008 VIDE
ANNEXURE-B1i7, DATED 17.12.2008 VIDE ANNEXURE--E18,
DATED 1.12.2008 VIDE ANNEXURE-B13, ~ DATED
23.10.2008 VIDE ANNEXURE-E20, DATED 21.11.2008
VIDE ANNEXURE-EZi, DATED 14.16.2038 © VIDE |
ANNEXURE-E22, DATED 11.11.2008 VIDE. ANNEXURE-522,
DATED. 17.10.2008 VIDE ANNEXURE-E24. © we
These writ petitions 'coming. on For
preliminary hearing in 'B' -group this day, the
Court passed the following:- © 90 0 we a
ORDER
The petitions coming "on for preliminary hearing {8B -Group) are considerad for final disposa..
2. The. counsel for tha respondent has no objection for thass matters being considered on thair merit.
3. it is claimed that the petitioners ara "persona in the amploymant of the first reapondent-Karnataka Power Transmission | Corporation Limited thereinafter referred to as "KPTCL"). Tha petitioners hava retired from the Servica of the Corporation on reaching the age of Superannuation after ist April 2003 as per the details furnished at Page 8 of the writ petition. 3
"a a Raat Had? RPI NB PN EE Ss PA BAR Sed? PS a PR PL a ad? GB, APPR ELS BES cP POR Sige ial Sl HR, Dl A OR BE PP, UP Io Rha Ua A, Shc AP AAPA BE DR, BST The Govarnment of Karnataka granted pendglonary benefits to the retired employees in verms of the Government Orders dated 4.4.2006, 56.2006 and 6.6.2007 at Annexzures-"A,-" 8 ena che patitionars claim that they are™ entitied ta pension Irom the respondunt-adtablishment. as also tha other terminal benefits, DCRG and tha benefit ef commutation of pension, "te that, An #Mpleyee would get 1/2 of the pension amcunt and the game would ha Sestsred after A pafiod of 15 years and would be recoverad cut of the pension. The Rules applicable are the, xarnataka Electricity Board Regulations framed "under Section 7$(0) of the 1845. The relevant Begulation namely Regulation 256(1) reads as > "Pha séard or any subordinate authority te whom the power has been delegated, may Sanction the computation for @ lump payment of a portion, not exceeding one-third, or any pension which has been of may be granted to any pension under S the Regulation."
Regulation 258(7) is also cited, which reads as Follows: ~ "Reduction in monthly pension on account of commutation under tha ~ provisions of this. Regulation shail. ~ be operative from the date 'of receipt of commuted value by the pensioner or three nontha after the issue of the authority." ~ Sub-Rule. 9 of Regulaticn 258, which is also relevant reads as follows:~_ "AS. an act of grace, the ".commuted. portion of the pengion shall be restored after 15 years 'WHT MRE WP RAAINALARM FIG GUUKI UF KARNATAKA HIGH COURT OF KARNATAKA HIGHC from the data of commitation. This "ig applicable to all the existing ~ pensioners who have commuted their pension before 1% Suly 1586 as er eee ta ey "well as to these retiring on or after 1% July 1986. However, tha pensioners who have already commuted a portion of their pension before 11.12.1987 are permittad to get the benefit of restoration of commutated portion after 14 years S : Ty MOO VP ARANALARA PG OUR OVP RAR SG OR OS RAE COT ee TURP OUI Nee ON Ee Ee ee from the date of commutation or on attaining the age of 70 years; ~ whichever is later, if it is advantageous to them."
4. Tha patitionars draw the attention of the Court to a table for commutation prescribed, which would indicate thet KPTCL would make lumpsum payment of 1/9 to tha retired employee from tha data on which 'ha retires from service and the said "recovery will "start from the date of actual payment! and the said payment Will be spread. over Sor a period of 18 years and the original "pension wil be restored after the expiry: of 15° years, ; "the petitioners would submit that there is no dispute as regards settlement of ga sion and payment of DCRG. It is contended \enat there is revision of pay to the employees. The pension of the petitioners was revised as per tha datails furnishad at Pagas 10 and 11 af the writ petition.
5. It is the grievance of the patitionars that the first respondant had raceverad a sum af Rs.29,137/- from each of the petitioners from the S
---- west data of retiremant till payment. The grievance is that when the said amount has not been paid to the petitioners as on the date of the retirement, it ought not to have been" recovered and even according to Sub-Rule 7 of Regulation 256, the recovery will start "trom tha date of actual paymant. In the instant case, the respondent had effected recovery from an earlier date and therefore it is contended. that tne recovery 13s bad in lav and is liable to be sat aside. It is reiteratad that the'. Bacovery Should have bean made from the date of actual payment and not from the date of retirement when the amount has not been paid cat all. Therefore, the recovery is illegal and pad in law. The petitioners would "alse point out that in similar circumstances, the "Stata Government employees had undergone revision of their pensions without any recovery. In this " pegard, the copies of the orders pertaining to : Government employees are produced at Annexures-
"FE, G, H and a", The petitionars having made reprasantations to the raspondents as at Annexures-Ki to X24", thea sama hava bean ignorad. E Wr AAMRINAT AAA PR GR OW RANA AAA ME AE tT TAMER A PEER WF TRARIVALARA PRP Se CSE Eee PEP PERE WA E 10 rt is in this background that the petitioness are before this Court.
6. The counsel for the respondants would ~ submit that since admittedly the represantations of the petitioners are pending consideration, the respondents would pass appropriate orders in due course in accordance with law.
7. This asstirance however does not impress this Court or "ingtill confidence since the patitioners are not. saaicing charity. When it is the pension that was legitimately due to them is sought to be recovered illegally, it is necessary that the "respondents should proceed with expedition and. pass orders in accordance with law "within a4 period af four waeks, if not earliar, > from the date of receipt of a certified copy of this order.
Sd/-
JUDGE *alb/-