Karnataka High Court
Joseph C vs The Director (A And Hr) on 10 April, 2024
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NC: 2024:KHC:14587
WP No. 4184 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO.4184 OF 2024 (S-RES)
BETWEEN:
JOSEPH C
S/O C A PHILIP
AGED ABOUT 70 YEARS
RETIRED JUNIOR ENGINEER (ELE)
R/AT NO.49, JOJEN VILLA
19TH MAIN, 5TH CROSS
MEI LAYOUT
HESARGHATTA ROAD
BENGALURU - 560 073
(SENIOR CITIZEN BENEFIT NOT CLAIMED)
...PETITIONER
(BY SRI.SRINIVASA K, ADVOCATE)
Digitally signed AND:
by CHAITHRA A
Location: HIGH
COURT OF 1. THE DIRECTOR (A AND HR)
KARNATAKA KPTCL
KAVERI BHAVANA
BENGALURU - 560 009
2. THE GENERAL MANAGER (A AND HR)
BESCOM
CORPORATE OFFICE
K R CIRCLE
BENGALURU - 560 001
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WP No. 4184 of 2024
3. SUPERINTENDING ENGINEER (ELE)
BESCOM
O & M SOUTH CIRCLE
NRUPATHUNGA ROAD
BENGALURU - 560 001
4. EXECUTIVE ENGINEER (ELE)
KPTCL
TL & SS, DIVISION
SRS PEENYA
BENGALURU - 560 058
...RESPONDENTS
(BY SRI.A.ANIRUDH KULKARNI, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
IMPUGNED OFFICIAL MEMORANDUM BEARING NO.EEE/SRS/AO/
AAO/F-8/4842 DTD 05.03.2013 ISSUED BY THE R-4 VIDE
ANNEXURE-B TO THE WRIT PETITION AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The captioned writ petition is filed assailing
impugned re-fixation of pay scale made by respondent
No.4 and consequent recovery made by respondent No.4
to the tune of Rs.1,62,943/- vide Annexure-F, F1 and F2.
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2. Heard learned counsel appearing for the
petitioner and learned counsel appearing for respondent
Nos.1 to 4.
3. Though learned counsel appearing for
respondents - Authorities has tried to justify the action of
respondents by contending that recovery was justified as
petitioner's salary was wrongly fixed, this Court is not
inclined to accede to the said argument.
4. On examining materials on records, this Court
is of the view that respondent No.4 was not justified in
recovering an amount of Rs.1,62,943/- out of DCRG
amount of the petitioner on the ground that the pay scale
of the petitioner was wrongly fixed from 1985. This Court,
through a series of judgments, has established a
precedent whereby recovery due to incorrect fixation of
pay scale is deemed impermissible, particularly in
instances where incremental benefits have been
autonomously extended by the Authority. Both the Hon'ble
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Apex Court and this Court, in a consistent line of rulings,
have underscored the principle that employees bear no
responsibility in securing such benefits nor do they play
any part in the fixation of pay scales. Consequently, the
Hon'ble Apex Court has consistently ruled that
respondents, especially towards the conclusion of an
employee's career or fag end of service tenure, are
precluded from initiating recovery proceedings.
5. In the case of hand, the respondents have
resolved to recover an amount of Rs.1,62,943/- on the
ground that petitioner's pay scale was wrongly fixed in
1985 up to 2006. This exercise of recovery is sought to be
implemented by respondents - Authorities after petitioner
attained age of superannuation. Even on this count, the
action is found to be unreasonable and is not supported by
law. In that view of the matter, the impugned recovery
made by the Authorities pursuant to the alleged re-fixation
as evident from Annexure-B is unsustainable. The Official
Memorandum bearing No.EEE/SRS/AO/AAO/F-8/4842
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dated 05.03.2013 issued by respondent No.4 as per
Annexure-B is liable to be quashed. Consequently,
respondent No.4 is bound to re-pay entire recovery
amount of Rs.1,62,943/- along with interest at the rate
of 6% p.a.
6. For the foregoing reasons, this Court proceeds
to pass the following;
ORDER
(i) The writ petition is allowed.
(ii) Respondent No.4 is hereby
directed to refund an amount of
Rs.1,62,943/- along with interest at
the rate of 6% p.a. w.e.f. 01.04.2013
till date of payment.
(iii) The refund shall be made by
respondent No.4 within a period of
eight weeks from the date of receipt
of order copy. Failing which,
respondent No.4 is further liable to
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pay interest at the rate of 18% p.a.
thereof.
(iv) Pending applications, if any, are
also disposed off.
Sd/-
JUDGE
NBM
