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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
ASHOK S.KINAGI
N.Mahadevaiah, S/o. Nanjaiah – Appellant
Versus
Managing Director, Corporate Office, Bangalore Electricity Supply Company Limited – Respondent
ORDER :
ASHOK S.KINAGI, J.
The petitioners have filed these writ petitions seeking for the following reliefs:
In W.P.No.1408/2022
i. Issue a writ of certiorari or any other appropriate writ order or direction quashing the Official Memorandum vide No/EEE.Jnagar.AO.AAO.SA.2284 dated 29.06.2020 issued vide Annexure-A by respondent-3.
ii. Consequently, issue a writ of Mandamus or any other appropriate writ order or direction directing the respondent to refund a sum of Rs.1,97,028/- to the petitioner along with interest at 18% per annum from the date of retirement till the date of payment as per the Pension payment order vide No.BP-2476 dated 13.08.2020 (vide Annexure-F).
iii. Pass any appropriate order or orders as this Hon'ble Court deems fit to pass in the interest of justice, including the cost of the litigation in the interest of justice and equity.
In W.P.No.1394/2022
i. Issue a writ of certiorari or any other appropriate writ order or direction quashing the Official Memorandum vide No/EEE.Jnagar.AO.AAO.SA2.4270 dated 03.09.2020 vide Annexure-A date 29.06.2020.
ii. Issue a writ of mandamus or an other appropriate writ order or direction directing the respondents to refund the recovered sum
Recovery from pension benefits after superannuation contravenes principles of natural justice; legal precedent prevents such deductions without fraud.
No disciplinary proceedings are pending against the petitioner. Under such circumstances, withholding of retirement benefits under the guise of the impugned Memo is unjust, arbitrary.
Withholding gratuity post-retirement without notice or opportunity to contest alleged incorrect pay fixation is impermissible and deemed harsh.
Recovery of excess payments from retired employees is impermissible without adherence to natural justice, especially when payments were made for an extended period without notice.
Recovery should not be made from the retired employees, and the grant of qualification scale, trained scale, and senior scale to the petitioner cannot be questioned and found fault by the respondent ....
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