Sri. B. D. Ramapriyan v. The State of Karnataka

NC:(2025:KHC:15889-DB( WP(No.(8344(of(2024( ( ( ( IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU( TH DATED(THIS(THE(17 (DAY(OF(APRIL,(2025( PRESENT( THE(HON'BLE(MR(JUSTICE(KRISHNA(S(DIXIT( (AND(( (THE(HON'BLE(MR(JUSTICE(RAMACHANDRA(D.(HUDDAR( WRIT(PETITION(NO.(8344(OF(2024((S-KSAT)( BETWEEN:(( ( SRI.,B.,D.,RAMAPRIYAN, AGED,ABOUT,65,YEARS,, S/O,LATE,DODDASOMASHETTY,, RETIRED,HEAD,MASTER,OF,, GOVERNMENT,PRIMARY,SCHOOL,, R/A,NO.,9/11,,SRI,RAMA,MANDIRA,ROAD,, ANJANEYA,BLOCK,,K.R.NAGAR,,MANDYA,–,571,602., …PETITIONER, (BY,SRI.,VIJAYA,SIMHA,REDDY,D,V.,ADVOCATE), , AND:( (

1., THE,STATE,OF,KARNATAKA, REPRESENTED,BY,THE,PRINCIPAL,SECRETARY,, DEPARTMENT,OF,SCHOOL,EDUCATION,&,LITERACY,, Digitallytisigned M.S.BUILDING,,DR.,AMBEDKAR,VEEDHI,, by0CHETAN0B BANGALORE,–,560,001., C , Location:0HIGH 2., THE,COMMISSIONER,, COURT0OF DEPARTMENT,OF,SCHOOL,EDUCATION,&,LITERACY,,KARNATAKA K.R.CIRCLE,,BENGALURU,–,560,009., ,

3., THE,DEPUTY,DIRECTOR,, DEPARTMENT,OF,SCHOOL,EDUCATION,&,LITERACY,, MYSURU,DISTRICT,,MYSURU,–,570,001., ,

4., THE,BLOCK,EDUCATION,OFFICER, DEPARTMENT,OF,SCHOOL,EDUCATION,&,LITERACY,, K.R.NAGAR,TALUK,,K.R.NAGAR, MYSURU,DISTRICT,–,571,602., NC:(2025:KHC:15889-DB( WP(No.(8344(of(2024( ( ( (

5., THE,ACCOUNTANT,GENERAL,IN,KARNATAKA,, PARK,HOUSE,,BENGALURU,–,560,001., ,

6., THE,DISTRICT,TREASURY,OFFICER, DEPARTMENT,OF,TREASURY,, MYSURU,DISTRICT,,MYSURU,–,570,001., ,

7., THE,ASSISTANT,TREASURY,OFFICER, DEPARTMENT,OF,TREASURY,, K.R.NAGAR,TALUK,,K.R.NAGAR,, MYSURU,DISTRICT,–,571,602., …RESPONDENTS, (BY,SRI.B,RAVINDRANATH.,AGA,FOR,R1,TO,R7), , , THIS, WRIT, PETITION, IS, FILED, UNDER, ARTICLES, 226, AND,227,OF,THE,CONSTITUTION,OF,INDIA,,PRAYING,TO,CALL, FOR,RELEVANT,RECORDS,PERTAINING,TO,IMPUGNED,ORDER, DATED, 24.07.2023, PASSED, IN, A.No-1421/2023, VIDE, ANNEXURE-A, PASSED, BY, THE, HONBLE, TRIBUNAL, AND, TO, ISSUE, WRIT, OF, CERTIORARI, TO, QUASH, THE, AFORESAID, IMPUGNED,ORDER,AS,THE,SAME,IS,UNJUST,,ARBITRARY,AND, CONTRARY,TO,THE,LAW,OF,LAND,,AND,ETC.,, , , THIS, WRIT, PETITION,, COMING, ON, FOR, PRELIMINARY, HEARING,IN,B,GROUP,,THIS,DAY,,ORDER,WAS,MADE,THEREIN, AS,UNDER:, , CORAM:, HON'BLE,MR,JUSTICE,KRISHNA,S,DIXIT, AND,, HON'BLE,MR,JUSTICE,RAMACHANDRA,D.,HUDDAR, , ORAL(ORDER( ( (PER:,HON'BLE,MR,JUSTICE,KRISHNA,S,DIXIT)( , , Petitioner, is, grieving, against, the, Karnataka, State, Administrative,Tribunal's,order,whereby,his,Application,No., 1421/2023, calling, in, question, the, Recovery, Order,, has, been,negatived.,,,

¶2Learned counsel for the Petitioner vehemently argues that it has been the consistent view of Apex Court of the country that where excess payment has been made qua the entitlement of employees of lower segments, that cannot be recovered unless there is some fraudulent involvement of employees concerned; this aspect having not been properly appreciated by the Tribunal, relief has been wrongly denied to his client.

¶3Learned AGA appearing for the Respondents per contra makes submission in justification of the impugned order saying that the Tribunal has specifically recorded a finding as to the absence of hardship which the Petitioner has suffered and therefore, the ratio in STATE OF PUNJAB vs. RAFIK MASIH, AIR 2015 SC 696 nor in JOGESWAR SAHOO & OTHERS Vs. DISTRICT JUDGE, CUTTAK & OTHERS, 2025 SCC OnLine SC 724, does not come to the aid of Petitioner. So contending, he seeks dismissal of the Writ Petition.

¶4Having heard the learned counsel for the parties and having perused the Petition papers, we are inclined to grant indulgence in the matter inasmuch as, Petitioner belongs to Group-C and apparently, he fits into the postulates of RAFIK MASIH supra. It hardly needs to be said that the hardship need not be pleaded in so many words; it can be assumed when the Petitioner spotlessly having served for nearly four decades, has been superannuated and now is in the evening of life.

¶5Another Coordinate Bench (headed by KSDJ) in SMT. SEETHALAKSHMI vs. STATE OF KARNATAKA & OTHERS, 2024 SCC OnLine Kar 11, has held that the State Pensioners have to be handled with soft gloves, with sympathy & smile since ours is a constitutionally ordained Welfare State. The State and its instrumentalities cannot defeat a worthy cause of on unsure ground of delay & laches more particularly when the cause belongs the Pensioners, who have put in long & spotless public service.

In the above circumstances, this Writ Petition succeeds; a Writ of Certiorari issues quashing the impugned order of the State Administrative Tribunal; Petitioner's Application No.1421/2023 is favoured; a Writ of Mandamus issues to the Respondents to pay back to the Petitioner all that has been recovered from his DCRG within eight weeks.

Delay if brooked will attract interest at the rate of 2% per mensum which may be recovered from the erring officials after paying it to the Petitioner. Costs reluctantly made easy.

Sd/- (KRISHNA S DIXIT) JUDGE

Sd/- (RAMACHANDRA D. HUDDAR) JUDGE

Bsv List No.: 1 Sl No.: 34