Sri K T Thimmaiah v. the Managing Director

Karnataka HC17 Dec 2025WP/6504/2025

Case brief

AI extract

What is this about?

BESCOM; retired employee; terminal benefits; pension; EL encashment; suspension period salary arrears; revised pay scale 1998; amalgamation benefits; attachment post Assistant Engineer; unpaid bonus 1998-99; store keeper security deposit; endorsement 16.08.2024; Annexure E; Memo of calculations; Rs. 1,92,086; undertaking; Articles 226 and 227; W.P. No.39882 of 1999; W.P. No.23411 of 2004; W.P. No.2531 of 2008; W.P. No.11517 of 2018; disposed of; liberty reserved; Justice Ashok S.Kinagi; High Court of Karnataka; NC: 2025:KHC:53901.

What did the court decide?

Writ petition disposed of on the strength of the respondents' undertaking to pay the difference amount of Rs. 1,92,086/- within two weeks per the Memo of calculations; liberty reserved to the petitioner to pursue any further entitlements; pending interlocutory applications disposed of.

Sri K T Thimmaiah Vs the Managing Director — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner is entitled to settlement of pending terminal/monetary benefits - arrears of salary for five months during suspension period, arrears of revised pay scale for the year 1998, financial benefits for amalgamation, pay in the scale of the attachment post of Assistant Engineer from the date of eligibility, unpaid bonus for 1998-99, security deposit deducted while working as store keeper, and interest for delay in settlement of pension and EL encashment - and whether the endorsement dated 16.08.2024 (Annexure E) should be set aside.

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Court's answer

As per the Memo of calculations filed during pendency (contents not disputed by the petitioner), the respondents are liable to pay the difference amount of Rs. 1,92,086/- and undertook to pay the said amount within two weeks.

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Ratio / Principle

In view of the respondents' undertaking to pay Rs. 1,92,086/-, nothing survives for consideration in the writ petition, which is accordingly disposed of.

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Key takeaways

Liberty is reserved to the petitioner to make any further claim(s), if he is entitled for the same.obiter¶¶45
In view of the disposal of the petition, pending interlocutory applications do not survive for consideration and stand disposed of.ratio¶¶49

Detailed headnote1 paragraphs

Karnataka HC (Ashok S.Kinagi, J.) - W.P. No. 6504 of 2025 (S-RES), disposed of on 17.12.2025. An 85-year-old retired BESCOM employee, whose in-service dismissal had been set aside by this Court in W.P. No.39882 of 1999 (order dated 20.01.2000) with liberty to conduct a fresh enquiry, and who had earlier obtained orders allowing W.P. Nos. 23411/2004, 2531/2008 and 11517/2018 concerning withheld pension and terminal benefits, filed this petition under Articles 226 and 227 challenging an endorsement dated 16.08.2024 (No. KANIE(V)/EV/LE/SALE/HISA/(C)/2024-25/2628, Annexure E) and seeking settlement of residual dues: suspension-period salary arrears (five months), 1998 revised pay-scale arrears, amalgamation benefits, attachment-post (Assistant Engineer) pay, unpaid bonus for 1998-99, store-keeper security deposit, and interest on delayed pension and EL encashment. During pendency, the respondents filed a Memo of calculations admitting liability to pay a difference amount of Rs. 1,92,086/- with an undertaking to pay within two weeks; the petitioner did not dispute it. Held: nothing survived for consideration; petition disposed of; liberty reserved to the petitioner to press any further claims; pending interlocutory applications disposed of.

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NC: 2025:KHC:53901 WP No. 6504 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 17^TH DAY OF DECEMBER, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE ASHOK S.KINAGI

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WRIT PETITION NO. 6504 OF 2025 (S-RES)

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BETWEEN:

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SRI K T THIMMAIAH S/O. LATE THIMMAPPAIAH, AGED ABOUT 85 YEARS, R/AT NO. 167, SRIGHANDHA NAGAR, MAIN ROAD, HEGGANA HALLI, VISHWANEEDAM POST, BANGALORE-560 091.

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Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA

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(BY SRI. SUNDARESH H C., ADVOCATE)

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AND:

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THE MANAGING DIRECTOR

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…PETITIONER

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BESCOM, CORPORATE OFFICE, K.R. CIRCLE, BENGALURU-560 001.

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THE EXECUTIVE ENGINEER (V) O AND M DIVISION,

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2 - NC: 2025:KHC:53901 WP No. 6504 of 2025

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HC-KAR

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EXECUTIVE CIRCLE, INDIRANAGAR DIVISION,

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BESCOM, BENGALURU-560 008.

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…RESPONDENTS

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(BY SRI. LIKITH R PRAKASH, ADVOCATE)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ENDORSEMENT BEARING NO. KANIE(V)/EV/LE/SALE/HISA/(C)/2024-25/2628 DTD 16.08.2024 ISSUED BY THE R-2 AS PER ANNX-E. DIRECTING THE RESPONDENT TO CONSIDER THE REPRESENTATIONS FILED BY THE PETITIONER DTD 18.02.2024 , 19.11.2024 AND 31.01.2025 AS PER ANNX-K,K1 AND K2 RESPECTIVELY FOR SETTLEMENT OF OTHER BENEFITS SUCH AS ARREARS OF SALARY FOR FIVE MONTHS DURING SUSPENSION PERIOD ARREARS OF REVISED PAY SCALE FOR THE YEAR 1998 FINANCIAL BENEFITS FOR AMALGAMATION AND PAY IN THE SCALE OF ATTACHMENT POST OF ASST. ENGINEER FROM THE DATE OF ELIGIBILITY UNPAID BONUS FOR THE YEAR 1998-99 AND THE SECURITY DEPOSIT DEDUCTED FROM THE SALARY OF THE PETITIONER WHILE WORKING AS A STORE KEEPER AND INTEREST FOR DELAY IN SETTLEMENT PENSION AND EL ENCASHMENT AMOUNT.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI

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NC: 2025:KHC:53901 WP No. 6504 of 2025

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HC-KAR

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ORAL ORDER

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The petitioner has filed this writ petition seeking following prayers:

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(i) to set aside the endorsement dated 16.08.2024 issued by respondent No.2 as per Annxexure E.

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(ii) directing the respondent to consider the representations filed by the petitioner dated 18.02.2024 , 19.11.2024 and 31.01.2025 as per Annexure K, K1 and K2 respectively for settlement of other benefits, such as arrears of salary for five months during suspension period arrears of revised pay scale for the year 1998 financial benefits for amalgamation and pay in the scale of attachment post of asst. Engineer from the date of eligibility unpaid bonus for the year 1998-99 and the security deposit deducted from the salary of the petitioner while working as a store keeper and interest for delay in settlement pension and EL encashment amount.

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4 - NC: 2025:KHC:53901 WP No. 6504 of 2025

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HC-KAR

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The petitioner retired from service on attaining the age of superannuation on 30.06.1999. The petitioner while he was in service was dismissed from service. The order of dismissal was set aside and liberty was reserved to the respondent to conduct an enquiry, by this Court in W.P. No.39882 of 1999 vide order dated 20.01.2000. However, the respondentCorporation withheld the entire pension and terminal benefits of the petitioner. Hence, the petitioner filed a writ petition in W.P. No.23411 of 2004 connected with W.P. No.2531 of 2008. The aforesaid writ petitions were allowed.

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The petitioner filed W.P. No.11517 of 2018 and the same was allowed by order dated 09.11.2020.

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It is the case of the petitioner that he is entitled for the terminal benefits, such as arrears of salary for five months during superannuation period, arrears of revised pay scale for the year 1998, financial benefits

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HC-KAR

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for amalgamation, etc. and that the respondentCorporation has failed to settle other terminal benefits. Hence, this writ petition.

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During the pendency of this writ petition, learned counsel for the respondents files a Memo of calculations. The contents of Memo of calculations are not disputed by the petitioner.

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It is stated therein that the respondents are liable to pay the difference amount of ₹1,92,086/- and the respondents undertake to pay the said amount within two weeks from today.

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In view of the undertaking by the respondents that they would pay the amount of ₹1,92,086/-, nothing survives for consideration in this writ petition. Accordingly, a writ petition is disposed of .

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