Karnataka High Court
WP/26120/2025 of RAGHAVENDRA Vs UNION OF INDIA on 15 June 2026
NC: 2026:KHC:28867-DB WP No. 26120 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JUNE, 2026 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE RAJESH RAI K WRIT PETITION NO. 26120 OF 2025 (S-CAT) BETWEEN: RAGHAVENDRA S/O ANAND NAIK AGED 56
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF JUNE, 2026
PRESENT
THE HON'BLE MR. JUSTICE S.G.PANDIT
AND
THE HON'BLE MR. JUSTICE RAJESH RAI K
WRIT PETITION NO. 26120 OF 2025 (S-CAT)
BETWEEN:
RAGHAVENDRA
S/O ANAND NAIK
AGED 56 YEARS
RETIRED AS SUB-DIVISIONAL ENGINEER,
BSNL OFC MAINTENANCE, STR,
TELEPHONE EXCHANGE, UDUPI,
RESIDING AT HOUSE D.NO.2-129C,
AVIGHNA NILAYA,
BEHIND SRI KRISHNA BALANIKETHANA,
767, BADAGUBETTU,
KUKKIKATTE UDUPI-576 101
…PETITIONER
(BY SRI. RADHAKRISHNA HOLLA .A, ADVOCATE)
AND:
1.
UNION OF INDIA
BY SECRETARY,
DEPARTMENT OF COMMUNICATIONS
MINISTRY OF COMMUNICATIONS
SANCHAR BHAVAN, NO.20,
Digitally signed
by PANKAJA S
Location: HIGH
COURT OF
KARNATAKA
HC-KAR
ASHOKA ROAD,
NEW DELHI-110 001
2.
THE SENIOR SECTION OFFICER (PENSION)
O/O PRINCIPAL CONTROLLER OF COMMUNICATION
TAMILNADU CIRCLE,
CHENNAI-600 008
3.
THE CHIEF ACCOUNTS OFFICER
O/O PRINCIPAL GENERAL MANAGER (MAINTENANCE)
BSNL, SOUTHERN TELECOM REGION
3RD FLOOR,
SANCHAR COMPLEX,
VMS COMPOUND,
47TH 9TH MAIN
5TH BLOCK, JAYANAGAR
BENGALURU-560 041
…RESPONDENTS
BY SRI. UNNIKRISHNAN M, CGSC FOR R1 TO R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE ORDER DATED 11.01.2024 PASSED BY THE CAT IN
OA/170/00454/2021 ANNEXURE-A AND ETC.
THIS
PETITION,
COMING
ON
FOR
PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.G.PANDIT
and
HON'BLE MR. JUSTICE RAJESH RAI K
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ORAL ORDER
(PER: HON'BLE MR. JUSTICE S.G.PANDIT)
Heard the learned counsel Sri. Radhakrishna Holla A., for the petitioner and learned CGSC Sri. Unnikrishnan M., for the respondents.
2. Perused the entire writ petition paper.
3. Learned counsel for the petitioner would submit that the petitioner was before the Tribunal questioning Annexure - A5 dated 02.07.2020 by which his pay was re-fixed and Annexure - A7 dated 29.01.2021, whereunder consequent to refixation of pay recovery of sum of Rs.2,94,444/- was ordered. He would further contend that the Tribunal has granted relief only insofar as recovery is concerned and has not gone into the question of entitilement of petitioner for re- fixation and higher pay.
4. However, learned CGSC Sri. Unnikrishnan M., on behalf of respondent No.2 points out that before the Tribunal the petitioner has restricted his prayer only insofar as recovery is concerned and has given up his challenge to Annexures-A5 and A7. Thus, he prayed for dismissal of the writ petition.
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5. Having heard the learned counsel for the parties and on perusal of the entire writ papers, we are of the considered view that the petitioner is not entitled for any relief in the present writ petition.
6. A perusal of the impugned order would indicate that the petitioner has given up his challenge to Annexure - A5 dated 02.07.2020 and Annexure - A7 dated 29.01.2021. Insofar as re-fixation of his pay is concerned, as could be seen from paragraph 3 of the impugned order, which reads as follows: "3. Learned counsel Shri P. Mohana Chandra representing the applicant submitted that though multiple reliefs are claimed in the OA, this OA could be restricted to the recovery proceedings proposed from the 4th instalment of Ex-gratia to recover a sum of Rs.2,94,444/- consequent on revision of pay as contemplated in Annexure - A7. Thus, the other reliefs claimed in the OA are not pressed."
7. In view of the above, the petitioner cannot question Annexure - A5 dated 02.07.2020 and Annexure - A7 dated
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29.01.2021 before this Court. However, insofar as recovery is concerned the Tribunal has granted the relief directing the respondents not to recover an amount of Rs.2,94,444/- in terms of Annexure - A7 dated 29.01.2021. In view of the above, the writ petition stands dismissed. CR List No.: 1 Sl No.: 11 SD/- (S.G.PANDIT) JUDGE SD/- (RAJESH RAI K) JUDGE