Karnataka High Court
WP/11839/2026 of THE STATE OF KARNATAKA, Vs SMT. SARDAR BEGUM on 31 July 2026
CNR: KAHC010264832026 NC: 2026:KHC:40330-DB WP No. 11839 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2026 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE DR. JUSTICE K.MANMADHA RAO WRIT PETITION NO. 11839 OF 2026 (S-KSAT) BETWEEN: 1. THE
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 31ST DAY OF JULY, 2026
PRESENT
THE HON'BLE MR. JUSTICE S.G.PANDIT
AND
THE HON'BLE DR. JUSTICE K.MANMADHA RAO
WRIT PETITION NO. 11839 OF 2026 (S-KSAT)
BETWEEN:
1.
THE STATE OF KARNATAKA,
REP. BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF SCHOOL EDUCATION
AND LITERACY,
M.S. BUILDING,
BENGALURU -560 001.
2.
THE COMMISSIONER,
DEPARTMENT OF SCHOOL EDUCATION
AND LITERACY,
NRUPATHUNGA ROAD,
3.
THE DIRECTOR IN THE
O/O COMMISSIONER,
DEPARTMENT OF SCHOOL EDUCATION
AND LITERACY,
NRUPATHUNGA ROAD,
BENGALURU-560 001.
4.
THE DEPUTY DIRECTOR
OF SCHOOL EDUCATION AND LITERACY,
O/O THE DDPI,
KOLAR-563 101.
5.
THE BLOCK EDUCATION OFFICER,
MALUR, KOLAR DISTRICT-563 130.
…PETITIONERS
(BY SRI. V SHIVA REDDY, AGA)
Digitally signed by
NANJUNDACHARI
Location: High
Court of
Karnataka
HC-KAR
AND:
1.
SMT. SARDAR BEGUM
W/O A. ZAFRULLA KHAN,
AGED ABOUT 63 YEARS,
PRIMARY SCHOOL URDU TEACHER (R),
GOVERNMENT URDU HIGHER
PRIMARY SCHOOL, TEKAL,
MALUR TALUK,
KOLAR DISTRICT-563 130,
R/A ZEENAT MANZIL,
NEAR C.C. WATER WORKS,
SHAHENSHANAGAR,
KOLAR-563 101.
2.
THE ACCOUNTANT GENERAL
(A AND E),
P B NO 5329/5369,
ANNEX BUILDING,
PARK HOUSE ROAD,
BENGALURU-560 001.
…RESPONDENTS
THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO A) ISSUE WRIT IN THE
NATURE OF CERTIORARI TO QUASH THE ORDER PASSED BY THE
KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, BENGALURU IN
APPLICATION
NO.5228/2024
DATED
11/03/2025
MARKED
AT
ANNEXURE-A TO THE WRIT PETITION AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR. JUSTICE S.G.PANDIT
AND
HON'BLE DR. JUSTICE K.MANMADHA RAO
HC-KAR
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ORAL ORDER
(PER: HON'BLE MR. JUSTICE S.G.PANDIT)
Heard learned Additional Government Advocate Sri.V.Shivareddy for petitioners – State and perused the entire writ petition papers.
2. The State by School Education and Literacy Department are before this Court aggrieved by order dated 11.03.2025 in Application No.5228/2024 passed by the Karnataka State Administrative Tribunal at Bengaluru (for short, ‘the Tribunal’), whereunder the respondent No.1’s application questioning order of recovery is partly allowed, rejecting the prayer of respondent No.1 not to reduce the last pay drawn by the petitioner from Rs.40,800/- to Rs.38,850/- and fix all retirement benefits like DCRG, Pension etc.
3. It is seen that the respondent No.1 was appointed in terms of the appointment order dated
HC-KAR
04.11.1999 under Rural Weightage quota and the appointment of respondent No.1 came to be terminated in view of the striking down of Rule relating to Rural weightage which had attained finality before the Hon'ble Apex Court. Thereafter, to save such appointments, the Government had brought into force rules called Karnataka Civil Services (Absorption of the persons appointed to the State Services with benefits of Rural Weightage] [Special] Rules, 2003 (for short, ‘Rules, 2003’). In terms of the said Rules, respondent No.1 was re-appointed on 01.12.2003.
4. The pay on her re-appointment, instead of fixing the pay from minimum of the stage, the pay was fixed taking into consideration her earlier date of appointment. The said anomaly was rectified at the time of respondent No.1’s retirement and on re-fixation under O.M., dated 19.06.2024, excess pay of Rs.5,73,163/- was ordered to be recovered while reducing the pay of
HC-KAR
respondent No.1 by withdrawing two increments, which were granted erroneously.
5. The Tribunal taking note of the fact that respondent No.1 is a Group-C official and the recovery is on retirement of respondent No.1, applying the principles laid down by the Hon'ble Apex Court in the case of STATE OF PUNJAB AND OTHERS VS. RAFIQ MASIH, WHITE WASHER AND ETC., reported in (2015) 4 SCC 334, allowed the application and quashed the recovery, however confirmed the reduction of pay by refusing the prayer of respondent No.1 to re-fix the pension on the last pay drawn.
6. On hearing the learned Additional Government Advocate, we are not inclined to interfere with the order passed by the Tribunal.
7. Admittedly, the recovery of excess pay of respondent No.1 is subsequent to her retirement or on her
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retirement. The Hon'ble Apex Court in RAFIQ MASIH (supra) has held that the recovery from Class-III and Class-IV officials as well as recovery from the retired employees, or the employees who are due to retire within on year would be impermissible.
8. In the light of the above, we do not find any merit in the writ petition and accordingly writ petition stands rejected.
Sd/- (S.G.PANDIT) JUDGE
Sd/- (DR.K.MANMADHA RAO) JUDGE
NC CT:bms List No.: 1 Sl No.: 17