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IN THE HIGH COURT OF KARNATAKA, BANGALORE
DATED THIS THE 08TH DAY OF NOVEMBER, 2012
PRESENT
THE HON'BLE MR. VIKRAMAJIT SEN, CHIEF JUSTICE
AND
THE HON'BLE MRS. JUSTICE B.V.NAGARATHNA
W.A.Nos.15351-15352/2011, C/w W.A.Nos.103-135/2010, W.A.Nos.4001-4004/2010, W.A.Nos.5876-5984/2011, W.A.No.15358/2011, W.A.Nos.15359-15361/2011,
W.A.Nos.15398-15401/2011,
W.A.Nos.15802-15836/2011, (S-R)
IN W.A.Nos.15351-15352/2011 BETWEEN:
1.SRI KUMBAIAH, S/O LATE LAKSHMIPATHAIAH, AGED ABOUT 65 YEARS, RETIRED PERSONAL SECRETARY, O/O THE GENERAL MANAGER, H.R.D. KPTCL, CORPORATE OFFICE,
BANGALORE, AND R/AT NO.175/2, 1ST CROSS, 2ND MAIN, SUBRAMANYANAGAR, BANGALORE 560 021. 2.SRI. S.SHIVARAMA GUPTA, S/O SRI SUBBARAMAIAH,
AGED ABOUT 64 YEARS, RETIRED ASSISTANT ENGINEER (ELEC), O/O THE EXECUTIVE ENGINEER (ELEC), TL AND SS DIVISION KPTCL, SRS PEENYA, BANGALORE-58, AND R/AT NO. 103/A, 4TH B MAIN,
R
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4TH CROSS, MAHALAKSHMI LAYOUT, FURTHER EXTENSION, BANGALORE-86. GKW LAYOUT, VIJAYANAGAR,
BANGALORE-40. ... APPELLANTS
(BY SRI: K.SUBBARAO, SR.COUNSEL A/W SRI.N.DEVARAJ, ADV.) AND:
1.THE STATE OF KARNATAKA, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF ENERGY, M.S.BUILDINGS, DR.B.R.AMBEDKAR VEEDHI, BANGALORE-560 001.
2.KARNATAKA POWER TRANSMISSION CORPORATION LIMITED, A BODY CONSTITUTED UNDER THE KARNATAKA ELECTRICITY REFORMS ACT, 1999, CORPORATE OFFICE,
CAUVERY BHAVAN, BANGALORE-560 009, REP. BY ITS CHAIRMAN. 3.THE GENERAL MANAGER/DIRECTOR (A & HRD), KARNATAKA POWER TRANSMISSION CORPORATION LIMITED,
CAUVERY BHAVAN, K.G.ROAD, BANGALORE.
... RESPONDENTS (BY SRI: BASAVARAJ KAREDDY, PRL.GA FOR R1, SRI.B.C.PRABHAKAR, ADV. FOR R2 & R3)
THESE WRIT APPEALS ARE FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN THE WRIT PETITION 40261-262/10 DATED 22/7/11.
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IN W.A.Nos.103-135/2010 BETWEEN:
1.K SRINIVASAN S/O LATE K.A.KRISHNA RAO AGED 60 YEARS, R/O VASISTA 6TH CROSS, C.B.NAGAR, UPPARA HALLI, TUMKUR
2.SRI N CHANDRASHEKAR S/O LATE H.NANJUNDASHASTRI AGED 61 YEARS, R/O 181, 6TH CROSS, T P K ROAD, SAPTHGIRI EXTN, TUMKUR.
3.SRI J P CHANDRAPPA S/O LATE PUTTASWAMY AGED 63 YEARS, R/O JAIN TEMPLE, CHIKKPET, TUMKUR. 4.SRI KARIGIRIAIAH
S/O LATE THUMAKURAIAH AGED 62 YEARS, R/O BELGUMBA THOTA, TUMKUR. 5.SRI B S SRINATH
AGED 62 YEARS, S/O LATE B.V.SURYA NARAYANA RAO R/O CHIKKPET, PANCHANGAM STREET, TUMKUR. 6.SRI.VENKRAMAIAH
S/O LATE T.R.NARAYANA JOIS, AGED 60 YEARS, R/O CHIKKPET, PANCHANGAM STREET, TUMKUR.
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7.SRI JAYARAM, S/O LATE NANJUNDAIAH, R/O D/NO 500, 4TH CROSS, SRIRAM NAGAR, TUMKUR.
8.SRI.H J MARIYANNA S/O LATE JAVARAPPA AGED 62 YEARS, R/O YATTEN HALLI, GULUR POST, TUMKUR.
9.SRI. H K GIRI GOWDA, S/O LATE KEMPAIAH, AGED 62 YEARS, R/O YATTHEN HALLI, GULUR POST, TUMKUR.
10.SRI K S BALASUBRAMANYAM S/O LATE K.P.SUBBAIYAR, AGED 62 YEARS, R/O NO. 65, C M EXTN, KYATHASANDRA, TUMKUR.
11.SRI M K CHANNAIAH S/O LATE RANGEGOWDA AGED 62 YEARS, R/O “MUDDU MANDIRA” 3RD MAIN, 3RD CROSS,
KUVEMPUNAGAR, TUMKUR-02. 12.SRI C P PRAKASH, S/O LATE C.R.PUTTARUDRAIAH, AGED 62 YEARS, R/O SIDDAGANGA EXTENSION,
SRI SHIVAKUMARA CIRCLE, TUMKUR. 13.SRI N MUTHURAJ, S/O LATE H.NARASIMHAIAH, AGED 63 YEARS,
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R/O N R COLONY, BELAGUMBA ROAD, HOTHRI THOPU, TUMKUR.
14.SRI.K N LAKSHMI NARAYAN RAO S/O LATE K.NARASIMHA MURTHY AGED 63 YEARS, R/O NO.13, 4TH CROSS, ARE HALLIL BANGALORE.
15.SRI.BASAVAIAH S/O LATE MUDALA GIRIYAPPA AGED 64 YEARS, R/AT MUDUGERE, BUGADANAHALLY POST, BELLAVI HOBLI,
TUMKUR TALUK & DISTRICT. 16.SRI.BASHA S/O LATE SHAIK SERVER AGED 62 YEARS, R/O URULI THOTA MAIN ROAD,
1ST CROSS, KOTHITHOPA TUMKUR. 17.SRI B. KARIYAPPA, S/O LATE BHEEMANNA, AGED 63 YEARS,
R/O NO.14, MATHRUDARASHINI, 2ND CROSS, ASHOKNAGAR, TUMKUR. 18.SRI.K GANGAHANUMAIAH S/O LATE HANMAIAH
AGED 60 YEARS, R/O 7TH CROSS, DEVARYA PATNA NEW EXT. TUMKUR. 19.SRI.M.C.VENKATESH S/O LATE CHINNASWAMAIAH,
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AGED 62 YEARS, R/A NO.190, MATHA ACIED ROAD, BATAVADI , TUMKUR.
20.SRI.MAHADEVAPPA.H.B S/O LATE BASAVAIAH AGED 63 YEARS, R/O 1ST MAIN, 1ST CROSS, NRUPATHUNGANAGAR EXTN, TUMKUR.
21.SRI H R SHESHADRI S/O LATE H.S.RAJIYANGAR AGED 62 YEARS, R/O NO.1992, 6TH CROSS, SOMESHWARAPURAM,
TUMKUR. 22.SRI.HANUMANTHARAYA S/O LATE VENKATAPPA AGED 62 YEARS, R/O MANJUNATHANAGAR,
TEMPLE ROAD, KYATHASANDRA POST, TUMKUR. 23.SRI H B MAHADEVAPPA S/O LATE B.G.MARIHUTCHAIAH
AGED 62 YEARS, R/A MANJUNATHANAGAR, TEMPLE ROAD, KYATHASANDRA POST, TUMKUR.
24.SRI T P NARASIMHAMURTHY S/O LATE PUTTAVEERAIAH AGED 62 YEARS, R/A 8TH CROSS, 1ST MAIN, SOMESHWARAPURAM, TUMKUR.
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25.SRI A C GANGADHARAIAH, S/O LATE CHANNAPPA.A.R. AGED 63 YEARS, R/A LAKSHMI KRUPA UPSTAIRS,
2ND CROSS, JAYANAGAR EAST, SHETTIHALLI MAIN ROAD,TUMKUR. 26.SRI H S VEERAPPA, S/O LATE SANNAPPA, AGED 63 YEARS,
R/O NAMMANE, 1ST CROSS, 4TH MAIN, 2ND BLOCK, KUVEMPUNAGAR, TUMKUR. 27.SRI A N KANTHAREDDY S/O SRI.A.NARAYANA REDDY
AGED 62 YEARS, R/O J C R EXTENSION, 5TH CROSS EAST, CHITRADURGA. 28.SRI G. HANUMANTHARAYA.G. S/O LATE GUJJARAPPA,
AGED 64 YEARS, R/O SRINIVAS NILAYA, NEAR P & T OFFICE, T R NAGAR, CHALLAKERE, CHITRADURGA DIST. 29.SRI T VENKATA RAMU
S/O LATE R.SRINIVASARAO AGED 63 YEARS, R/O NO.312, PUNARVASU, 3RD CROSS, SIR M V EXTN, TUMKUR.
30.SRI D JAYARATHNA S/O LATE DHARANENDRAIAH AGED 63 YEARS, R/O JAIN TEMPLE, CHIKPET, TUMKUR.
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31.SRI T K SHAMBU S/O LATE T.K.KRISHNA MURTHY
AGED 61 YEARS, NO.389, 14 B CROSS, 2ND PHASE, E-WEST OF CHORD ROAD, MAHALAKSMI PURAM, BANGALORE.
32.SRI V R THIMMEGOUDA S/O LATE RANGAPPA AGED 63 YEARS,
R/O KUVEMPUNAGAR, TUMKUR. 33.SRI B.KARIYAPPA,
S/O SRI.BUTHANNA, AGED 63 YEARS, R/O 1ST B CROSS TANK ROAD, MARUTHINAGAR, TUMKUR.
... APPELLANTS (BY SRI: K.SUBBARAO, SR.COUNSEL A/W SRI.N.DEVARAJ, ADV.)
AND: THE MANAGING DIRECTOR KARNATAKA POWER TRANSPORT CORPORATION LTD, KAVERI BHAVAN, K G ROAD, BANGALORE.
... RESPONDENT (BY SRI: B.C.PRABHAKAR, ADV.)
THESE WRIT APPEALS ARE FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN THE WRIT PETITION NO.31281-
31313/2009(S-R) DATED 23/11/2009. IN W.A.Nos.4001-4004/2010 BETWEEN:
1.SRI. D K ANANTHARAMU S/O.LATE D N KRISHNA MURTHY
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AGED 60 YRS, RETIRED ASST. WEST DIVISION O/O THE EXECUTIVE ENGINEER (ELEC) BESCOM, ANANDARAO CIRCLE,
BANGALORE-560 001, & R/A SRI SAMARTHA, NO.422, 5TH C MAIN, KALYANA NAGAR, BANGALORE-560 043 2.SMT RAJALAKSHMI
W/O.LATE V G JANARDHAN PILLAI AGED 60 YRS, RETD. SR. ENGINEER (ELEC) O/O THE EXECUTIVE ENGINEER (ELEC), BESCOM, NORTH DIVISION, RAJAJINAGAR, BANGALORE-560 010, & R/A NO.217 7TH A CROSS, IST B MAIN,
HBCS GURULAKSHMI LAYOUT, NILAGADIRENAHALLI, NAGASANDRA POST, BANGALORE-73 3.SMT.D S PANKAJA W/O.SRI G R SUBRAMANYAM
AGED ABOUT 61 YRS, RETIRED ASSISTANT O/O THE EXECUTIVE ENGINEER (ELEC) BESCOM, NORTH DIVISION, WCR, RAJAJINAGAR, BANGALORE-10, & R/A NO.1190, IST A MAIN VIJAYANAGAR, BANGALORE-560 040
4.SMT K MALATHI BAI W/O SRI K R KRISHNA RAO AGED 62 YEARS, RETIRED SENIOR ASSISTANT O/O THE EXECUTIVE ENGINEER (ELEC) BESCOM, NORTH DIVISION, WCR,
RAJAJINAGAR, BANGALORE-10, & R/A NO.165, 4TH MAIN, 3RD BLOCK, 3RD STAGE, BASAVESHWARNAGAR BANGALORE-560 079
... APPELLANTS
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(BY SRI: K.SUBBARAO, SR.COUNSEL A/W SRI.N.DEVARAJ, ADV.) AND:
1.THE STATE OF KARNATAKA REP BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, M S BUILDINGS, DR B R AMBEDKAR VEEDHI BANGALORE-560 001
2.KARNATAKA POWER TRANSMISSION CORPORATION LIMITED A BODY CONSITITUTED UNDER THE KARNATAKA ELECTRICITY REFORMS ACT,1999, CORPORATED OFFICE,
CAUVERY BHAVAN, BANGALORE-560 009 REP. BY ITS CHAIRMAN 3.THE GENERAL MANAGER/DIRECTOR (A & HRD) KARNATAKA POWER TRANSMISSION CORPORATION LIMITED, CAUVERY BHAVAN
K G ROAD, BANGALORE ... RESPONDENTS
(BY SRI: BASAVARAJ KAREDDY PRL. GA FOR R1, SRI.B.C.PRABHAKAR, FOR R3)
THESE WRIT APPEALS ARE FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN THE WRIT PETITION 13150-13153/2010 DATED 28/7/10. IN W.A.Nos.5876-5984/2011
BETWEEN: 1.SRI B P PRAKASH NARAYAN S/O LATE H PUTTANNA AGED ABOUT 63 YEARS,
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RETIRED ASSISTANT O/O THE EXECUTIVE ENGINEER (ELEC), BESCOM, NORTH DIVISION, W.O.C, RAJAJINAGAR, BANGALORE-10
& R/A NO.755, 15TH B MAIN ROAD, 1ST PHASE, IST STAGE GOKULA, BANGALORE-560 054 2.SMT B SAKAMMA D/O SRI B C VEERANNAPPA
AGED ABOUT 65 YEARS RETIRED ASSISTANT, R/A NO.2187/21, 4TH MAIN, 5TH CROSS, VIJAYANAGAR 2ND STAGE HAMPINAGAR, BANGALORE-560 104 3.SRI H V PRAKASH
S/O LATE H VENKATARAMAIAH AGED ABOUT 62 YEARS, RETIRED DRIVER-II O/O THE EXECUTIVE ENGINEER (ELEC) BESCOM, NORTH DIVISION,W C R, RAJAJINAGAR BANGALORE-560010, & R/A NO.34, 3RD MAIN 1ST CROSS, 5TH STAGE, 1ST PHASE,
BEML LAYOUT, RAJARAJESHWARI NAGAR, BANGALORE-560 098 4.SRI K RAJAPPA S/O LATE KEMPEGOWDA AGED ABOUT 63 YEARS,
RETIRED JUNIOR ASSISTANT, O/O THE EXECUTIVE ENGINEER (ELEC), BESCOM, NORTH DIVISION, W C R RAJAJINAGAR, BANGALORE-560 010, & R/A NO.97/12, 1ST CROSS, KIRLOSKAR COLONY, W C R
BASAVESWARA NAGAR, BANGALORE-560079 5.SRI D R JAVAREGOWDA S/O SRI RANGEGOWDA AGED ABOUT 64 YEARS, RETIRED JUNIOR ASSISTANT, O/O THE EXECUTIVE ENGINEER
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(ELEC), BESCOM, ADDITIONAL NORTH DIVISION PEENYA IIND STAGE, PEENYA BANGALORE-58 & R/A SRI RANGANIVASA, NO.23, B H E L MINI COLONY, PIPELINE, T DASARAHALLY
BANGALORE-560 057 6.SRI T VENKATESH S/O LATE THIRUMALAIAH AGED ABOUT 63 YEARS, RETIRED SENIOR ASSISTANT, O/O THE EXECUTIVE ENGINEER (ELEC), BESCOM, ADDITIONAL NORTH DIVISION
BESCOM, PEENYA BANGALORE-58, & R/A NO.218, RAILWAY MESS HOUSING SOCIETY, 4TH BLOCK, RAMAKRISHNANAGAR, BANGALORE-26 7.SRI N KRISHNAN
S/O SRI K NARASIMHA IYENGAR AGED ABOUT 64 YEARS, RETIRED SENIOR ASSISTANT, O/O THE EXECUTIVE ENGINEER (ELEC), BESCOM, WEST DIVISON, MADHAVANAGAR BANGALORE-09, & R/A NO.688/40, 15TH MAIN 1ST STAGE, 1ST PHASE, GOKUL EXTENSION
BANGALORE-560 054 8.SRI P V BHEEMASENA RAO S/O SRI P R VENKATESHA RAO AGED ABOUT 63 YEARS, RETIRED ASSISTANT, O/O THE EXECUTIVE ENGINEER
(ELEC), ITC, ANANDA RAO CIRCLE, BANGALORE & R/A NO.750, 15TH A MAIN, GOKUL EXTN. MATHIKERE, BANGALORE-560 054 9.SMT JAYAMMAL W/O SRI M KRISHNASWAMY
AGED ABOUT 65 YEARS, RETIRED JUNIOR ASSISTANT, O/O THE EXECUTIVE ENGINEER (ELEC), BESCOM, WEST DIVISION, MADHAVA NAGAR, BANGALORE-09, & R/A NO.120, 14TH CROSS, L N PURAM, BANGALORE-560 021
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10.SRI S GANGAPPA S/O SRI SUBBAIAH AGED ABOUT 65 YEARS, RETIRED ASSISTANT, O/O THE EXECUTIVE ENGINEER
(ELEC), BESCOM, WEST DIVISION, MADHAVA NAGAR, BANGALORE-09, & R/A NO 107 3RD MAIN ROAD, CAUVERY LAYOUT, SARASWATHI NAGAR, VIJAYANAGAR WEST, BANGALORE-40
11.SRI M S BASAVARAJ S/O SRI SAMPAIAH AGED ABOUT 64 YEARS, RETIRED SENIOR ASSISTANT, O/O THE EXECUTIVE ENGINEER (ELEC), BESCOM, ADDL NORTH DIVISION PEENYA II ND STAGE, PEENYA BANGALORE-58
& R/A NO.895, 10TH CROSS, SUBHASHNAGARA EXTENSION, NELAMANGALA, BANGALORE RURAL DISTRICT 12.SRI H R SHANKARA NARYANACHAR S/O SRI H RANGANARASIMHAIAH
AGED ABOUT 65 YEARS, RETIRED ASSISTANT O/O THE EXECUTIVE ENGINEER (ELEC), BESCOM, ADDITIONAL NORTH DIVISON, PEENYA IIND STAGE, BANGALORE-58, & R/A NO.216, 6TH CROSS, 14TH MAIN, D GROUP LAYOUT SRI GANDAKATTE,
BANGALORE-91 13.SRI Y GOVINDA REDDY S/O LATE YELETHIMMAIAH AGED ABOUT 65 YEARS, RETIRED SENIOR ASSISTANT, O/O THE EXECUTIVE ENGIEER
(ELEC), BESCOM, NORTH DIVISON, W C R RAJAJINAGAR, BANGALORE-560010 & R/AT NO.4185, 2ND MAIN ROAD, 2ND STAGE RAJAJINAGAR, (NEAR EAST WEST SCHOOL) BANGALORE-10
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14.SRI M T MUDALAGIRAIAH S/O SRI CHIKKATHIMMAIAH AGED ABOUT 63 YEARS, RETIRED ASSISTANT EXECUTIVE ENGINEER, R T DIVISION, KPTCL
TUMKUR & R/A VENU, 4TH CROSS ASHOKNAGAR, TUMKUR 15.SRI D VEERABHADAIAH S/O LATE M N DODDAPPAIAH AGED ABOUT 65 YEARS, RETIRED ASSISTANT
ENGINEER(CIVIL), O/O THE CHIEF EXECUTIV ENGINEER, BMA-2, BESCOM, K R CIRCLE, BANGALORE-01, & R/A NO.1213, 11TH CROSS, 24TH MAIN SECTOR-1, HSR (KENGAL HANUMANTHAIAH) LAYOUT, BANGALORE-560012
16.SRI S NATARAJU S/O LATE SRINIVASA MURTHY AGED ABOUT 64 YEARS, RETIRED ASSISTANT O/O THE EXECUTIVE ENGINEER, N5, SUB-DIVISION, S R ROAD, BESCOM, BANGALORE & R/A NO.243, 8TH MAIN, 4TH BLOCK
NANDINI LAYOUT, BANGALORE-560096 17.SRI K DEVEGOWDA S/O LATE KALASE GOWDA AGED ABOUT 65 YEARS RETIRED ASSISTANT
O/O THE EXECUTIVE ENGINEER (ELEC) BESCOM, NORTH DIVISION, W C R, RAJAJINAGAR, BANGALORE-560 010, & R/A NO.37, 9TH MAIN ROAD, SHIVANAGARA, RAJAJINAGAR BANGALORE-560 010
18.SRI CHRISTOPHER BENJAMIN S/O LATE D M JACOB AGED ABOUT 63 YEARS RETIRED SENIOR GRADE TYPIST O/O THE EXECUTIVE ENGINEER (ELEC)
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BESCOM, ADDL EAST DIVISION, LAZAR ROAD BANGALORE-05, & R/A NO.9, “GRAUSTAR APARTMENT", FLAT NO.202, III CROSS VIVEKANANDA NAGAR, BANGALORE-560 033
19.SRI CHOWDAPPA S/O SRI JADE NAGAPPA AGED ABOUT 66 YEARS, RETIRED ASSISTANT & R/A NO.22/1, 11TH CROSS, 17TH C MAIN, HSR SECTOR-4
BANGALORE-560 102 20.SRI H RAMESH S/O LATE C HUCHANNA AGED ABOUT 63 YEARS, RETIRED SENIOR ASSISTANT, O/O THE EXECUTIVE ENGINEER
(ELEC), ADDITIONAL CENTRAL DIVISION, BESCOM, U A S CAMPUS, BANGALORE-24, & R/A NO.9, 16TH CROSS, 8TH MAIN, MUTHYALA NAGAR, BANGALORE-560 054 21.SRI SHASHIDHAR.S
S/O LATE D S SUBRAMANYAM AGED ABOUT 63 YEARS RETIRED JUNIOR ASSISTANT, O/O THE EXECUTIVE ENGINEER (ELEC), BESCOM, NORTH DIVISON, W C R RAJAJINAGAR, BANGALORE-10 & R/A NO.660
1ST FLOOR, 4TH CROSS, MAHALAXMI LAYOUT BANGALORE-86 22.SMT K SAROJA W/O SRI BASAVARAJ M NANDARGI AGED ABOUT 63 YEARS, RETIRED SENIOR
ASSISTANT, O/O THE EXECUTIVE ENGINEER (ELEC), BESCOM, NORTH DIVISON, W C R RAJAJINAGAR, BANGALORE-10 & R/A NO.139 1ST R BLOCK, 20TH B MAIN ROAD RAJAJINAGAR, BANGALORE-560010
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23.SRI K NAGARAJA S/O LATE SRI KASHIBHATTA AGED 65 YEARS , RETIRED SENIOR ASSISTANT, O/O THE EXECUTIVE ENG (ELEC)
WEST DIVISION, BESCOM, MADHAVANAGAR, BANGALORE, & R/A NO.27, 3RD A MAIN, AGB COLONY 1ST STAGE, BANGALORE 560 086 24.SRI B R NAGARAJA
AGED 63 YEARS S/O SRI N RAMANNA R/A NO.2311/30, 9TH MAIN, D BLOCK, RAJAJINAGAR 2ND STAGE, BANGALORE
25.SRI CHAMUNDAIAH AGED 65 YEARS S/O SRI CHAMAIAH, RETIRED ASSISTANT, R/A NO.1357/A, 5TH MAIN ROAD, E BLOCK, 2ND STAGE, RAJAJINAGAR, BANGALORE 560 010
26.SRI L BASAVEGOWDA AGED 64 YEARS S/O SRI MUGALINGEGOWDA RETIRED JUNIOR ASSISTANT, R/A NO.5/1 2ND MAIN ROAD, NANJAMMA GARAHARA,
CHAMARAJAPET, BANGALORE 560 018 27.SRI L RAMALINGAPPA S/O LATE LINGANNA AGED 65 YEARS RETIRED SENIOR ASST,
O/O THE EXECUTIVE ENGINEER (ELEC) CENTRAL DVN, BESCOM, MALLESHWARAM 13TH CROSS, BANGALORE 560 003, & R/A NO.12/11-2, THIMMAIAH GARDEN, DODDAGUNTA COKS TOWN, BANGALORE 560 005
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28.SRI H V RAGHAVENDRA AGED 65 YEARS S/O SRI H M VENAKTRARENGARAO RETIRED ASSISTANT, R/A NO.82,
2ND FLOOR, EAT STREET, BASAVANAGUDI BANGALORE 560 004 29.SRI C S KRISHNA MURTHY S/O LATE C K SAMPATHAIAH AGED 64 YEARS RETIRED ASSISTANT,
O/O THE EXECUTIVE ENGINEER (ELEC) BESOCM, NORTH DIVISION, WOC RAJAJINAGAR, BANGALORE 560010, & R/A NO.128, 2ND CROSS, GURU SARVAGHOME LAUOUT, BEHIND THE CLUB, MYSORE RD, B’LORE
30.SRI K GUNDARAO AGED 65 YEARS S/O SRI K RAMACHANDRA RAO RETIRED SENIOR ASSISTANT, R/A NO.694, 7TH MAIN, RBI LAYOUT,
J P NAGAR, BANGALORE 560078 31.SRI R VEERANNA AGED 66 YEARS S/O SRI RUDRAIAH RETIRED SENIOR ASSISTANT, O/O THE
EXECUTIVE EINGINEER (ELECL), KPTCL CHIKKABALLAPURA & R/A NO.949, JANGAM MYTHRI KOTTRA, V V PURAM, GOWRIBIDANUR 32.SRI B VEERANAGAIAH
S/O LATE BHIMAIAH AGED 64 YEARS RETIRED JUNIOR ASSISTANT, O/O THE EXECUTIVE ENGINEER (ELEC) ADDITIONAL WEST DIVISION, BYATARAYANAPURA, BLORE 560021,
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& R/A NO.1196, 3RD CROSS, RAMAMANDIRA ROAD, KAVERYPURA, KAMAKSHIPALYA, BANGALORE-89
33.MT B VARALAKSHMI S/O SRI H K BASAVE GOWDA AGED 63 YEARS, RETIRED JUNIOR ASSISTANT O/O THE EXECUTIVE ENGINEER (ELEC), WEST DIVISION, BESCOM, BANGALORE 560 009, & R/AT NO.514, 4TH A CROSS, 7TH MAIN,
RPC LAYOUT, VIJAYANAGAR, BANGALORE-40 34.SRI THIPPAIAH AGED 64 YEARS S/O SRI THIPPAIAH RETIRED SENIOR ASSISTANT, R/A NO.145,
2ND MAIN, C.K.CHKATH, BANASHANKARI 3RD STAGE, 3RD PHASE, BANGALORE-85 35.SRI K NANJUNDASWAMY AGED 63 YEARS, S/O LATE KASHIBHATTA RETIRED JUNIOR ASSISTANT, O/O THE
EXECUTIVE ENGINEER (ELEC), KPTCL, SOMANAHALLY, & R/A NO.350, 6TH CROSS, 7TH A MAIN, RPC LAYOUT, BANGALORE 40 36.SRI PATTABHI GOWDA S/O LATE NANJE GOWDA
AGED 63 YEARS, RETIRED JUNIOR ENGINEER, O/O THE EXECUTIVE ENGINEER (ELEC), BESCOM, WEST DIVISION, MADHAVA NAGAR, BANGALORE 560 009, & R/A NO.150/R, 2ND CROSS, 8TH MAIN, BEML LAYOUT, BASAVESHWARANAGAR, BANGALORE-79
37.SRI G M KUMARASWAMY ARADHYA S/O SRI G MUDALAHANUMAIAH AGED 63 YEARS, RETIRED ASST, O/O THE EXECUTIVE ENGINEER (ELEC), BESCOM
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CENTRAL DIVISION, 13TH CROSS, MALLESHWARAM, BANGALORE 560 003 & R/A NO.247, 8TH MAIN, 9TH BLOCK, NAGARABHAVI 2ND STAGE
BANGALORE-560 072 38.SMT SARVAMANGALA W/O SRI H MARISWAMY AGED 64 YEARS RETIRED SENIOR ASST, O/O THE EXECUTIVE ENGINEER TRANSMISSION,
B.R.A, KPTCL, NRUPATHUNGA ROAD, BANGALORE & R/A NO.128, 3RD MAIN, 3RD BLOCK, 3RD STAGE, 3RD CROSS, BASAVESHWARANAGAR BANGALORE 560079
39.SRI M SRINIVAS AGED 64 YEARS, S/O SRI NAGAPPA RETIRED SENIOR ASSISTANT, CSD, BESCOM SIRA & R/A NO.2ND BLOCK, 2ND CROSS, 80 FEET ROAD, BATEWADI, BEHIND S I T CAMPUS HOSTEL,
MAHALAKSHMI NAGAR, TUMKUR 40.SRI SADASHIVAIAH S/O LATE PUTTAREVANNA AGED 64 YEARS, RETIRED SENIOR ASST, O/O THE EXECUTIVE ENGINEER (ELEC)
CENTRAL DIVISION, BESCOM, MALLESHWARAM, 13TH CROSS, BANGALORE 560 003, & R/A NO.238, 4TH CROSS, 2ND MAIN, GOKUL ROAD, NEAR DOBIGHAT, S I T EXTN, TUMKUR
41.SRI K T MUDALAGIRIYAPPA AGED 63 YEARS, S/O SRI CHIKKATHIMMAIAH RETIRED ASST EXECUTIVE ENGINEER, R T DIVISION, K P T C L, TUMKUR & R/A VENU, 4TH CROSS, ASHOKNAGAR, TUMKUR
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42.SRI SHIVAGANGARADHYA AGED 65 YEARS, S/O LATE K MARIDEVARU RETIRED SENIOR ASSISTANT, O/O THE K P T C L, BILEGER,
TIPTUR DIVISION, & R/A NO.288, HONNILAYA, 3RD CROSS, S I T EXTENSION, TUMKUR-03 43.SRI GANGAPPA AGED 64 YEARS
S/O SRI THOPANNA, RETIRED SENIOR ASST. O/O THE EXECUTIVE ENGINEER (ELEC) CIRCLE OFFICE, TUMKUR & R/A NO.1019, 28TH CROSS, SIT EXTENSION, TUMKUR-03
44.SRI DODDAIAH AGED 65 YEARS, S/O SRI DODDANAGAPPA RETIRED JUNIOR ASST., DIVISION OFFICE, MADHUGIRI & R/A NO.68, 4TH CROSS, 40 FEET ROAD, MAHALAKSHMI NAGAR, OPP TO APMC YARD, BATAWADI,
TUMKUR-03 45.SRI R RUDRANNA AGED 64 YEARS S/O SRI RANGAIAH RETIRED JUNIOR ASSISTANT, O/O THE
KPTCL, R S D, TUMKUR, & R/A GURU KRUPA, 4TH CROSS, SIT EXTENSION, TUMKUR 46.SRI GIRIYAPPA S/O SRI HANUMANTHAIAH AGED ABOUT 64 YEARS
RETIRED ASSISTANT MAJOR WORKS DIVISION, KPTCL TUMKUR, AND R/AT GIRI NIVASA OPP. TO D.C. BUNGALE, BEHIND K.S.E.F. BED COLLEGE, SIRA ROAD, TUMKUR 06
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47.SRI VINODA SAMPATH KUMAR S/O SRI C K SUNDER RAJ AGED ABOUT 65 YEARS RETIRED ASSISTANT ACCOUNTANT
KPTCL, CSD TUMKUR AND R/AT SUSHANTH NRUPATHUNGA EXTENSION, 2ND MAIN 3RD B CROSS, SHETTYHALLY ROAD TUMKUR 48.SRI UBEDULLA
S/O SRI MD., KHASIM AGED ABOUT 61 YEARS RETIRED DRIVER, CIVIL SECTION, BESCOM TUMKUR, AND R/AT NO 120, BEHIND M G STADIUM NEAR SC AND ST HOSTEL KUVEMPU NAGAR, TUMKUR
49.SRI A ALLA BASHEER S/O SRI K ABDUL RAZAK AGED ABOUT 63 YEARS RETIRED JUNIOR ENGINEER KPTCL MUSS AMMASANDRA TUMKUR
AND R/AT LAKSHMINARSIMHA NILAYA 2ND CROSS, 2ND MAIN, KUVEMPU NAGAR TUMKUR 50.SRI SHIVANNA S/O LATE BETTEGOWDA
AGED ABOUT 63 YEARS RETIRED MECHANIC GRADE II O/O THE EXECUTIVE ENGINEER (ELEC) MESCOM CITY SUB DIVISION MANDYA AND R/AT DUDDA VILLAGE, MANDYA TALUK AND DISTRICT
51.SRI M SHIVASWAMY S/O LATE H MADAIAH AGED ABOUT 64 YEARS RETIRED JUNIOR ASSISTANT O/O THE EXECUTIVE ENGINEER (ELEC)
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MESCOM, CITY SUB DIVISION MANDY AND R/AT D.NO 3852/7A, I MAIN ROAD, I CROSS GANDHINAGAR, MYSORE
52.SRI P M PUTTASWAMAIAH S/O SRI MALLESHAIAH AGED ABOUT 65 YEARS RETIRED JUNIOR ASSISTANT O/O THE EXECUTIVE ENGINEER (ELEC)
BESCOM WEST DIVISION BANGALORE AND R/AT NO 76, 2ND MAIN I BLOC, NAGASANDRA MAIN ROAD BANGALORE 560073 53.SRI SINGRI GOWDA
S/O LATE BETTEGOWDA AGED ABOUT 63 YEARS RETIRED SENIOR ASSISTANT, O/O THE EXECUTIVE ENGINEER (ELEC) CHAMUNDESHWAR ELECTRICITY SUPPLY COMPANY PANDAVAPURA DIVISION, PANDAVAPURA,
MANDYA AND R/AT NO 4867, I CROSS V.V.NAGAR, KALLAHALLY, MANDYA CITY, MANDYA. 54.SRI K SIDDAIAH S/O LATE CHIKKAKALEGOWDA
AGED ABOUT 66 YEARS RETIRED ENGINEER (ELEC) O/O THE EXECUTIVE ENGINEER (ELEC) MESCOM, O AND M DIVISION, MANDYA R/AT LAKUMI, I CROSS, KALEGOWDA HIGH SCHOOL ROAD, MARIGOWDA LAYOUT
MANDYA 571 401 55.SRI K C MARISWAMY S/O LATE K CHIKKPUTTAIAH AGED ABOUT 66 YEARS RETIRED EXECUTIVE ENGINEER (ELEC)
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MESCOM, MANDYA AND R/AT NO 2453, PRUSHANTH NILAYA 4TH CROSS, MARIGOWDA LAYOUT MANDYA 571 401
56.SRI NAGARAJA S/O LATE DODDE GOWDA AGED ABOUT 66 YEARS RETIRED JUNIOR ASST. O/O THE EXECUTIVE ENGINEER (ELEC)
CHAMUNDESHWARI ELECTRICITY SUPPLY COMPANY, SRIRANGAPATNA SUB-DIVISION PANDAVAPURA DIVISION, MANDYA AND R/AT NO.S-811, KUMBAR STREET, SRIRANGAPATNA, MANDYA.
57.SRI H J GANGADHARA GOWDA S/O LATE JAVARE GOWDA AGED ABOUT 65 YEARS RETIRED ASSISTANT O/O THE EXECUTIVE ENGINEER (ELEC) KEB SUB-DIVISION MANDYA
AND R/AT NO. 766/C GYANA BHARATHI 2ND STAGE, MARIYAPPANAPALYA, BANGALORE-560 056 58.SRI S SIDDAIAH S/O SRI SIDDAIAH
AGED ABOUT 66 YEARS RETIRED JUNIOT ASSISTANT O/O THE EXECUTIVE ENGINEER (ELEC) MESCOM, CITY SUB-DIVISION, MANDYA R/AT NO.276 3RD CROSS, BANDIGOWDA LAYOUT, NEAR WATER TANK, MANDYA
59.SRI K A PRAKASH S/O LATE ANNAPPAIAH AGED ABOUT 64 YEARS RETIRED MECHNIC GRADE I O/O THE EXECUTIVE ENGINEER (ELEC)
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CHAMUNDESHWARI ELECTRICITY SUPPLY COMPANY, PANDAVAPURA, MANDYA R/AT NO.490, B K BEEDI DEVARAJA MOHALLA, MYSORE
60.SRI VENKATACHALAIAH S/O LATE THIMMAIAH AGED ABOUT 63 YEARS RETIRED SENIOR ASSISTANT O/O THE EXECUTIVE ENGINEER (ELEC)
CHAMUNDESHWARI ELECTRICITY SUPPLY COMPANY, NO.2, RURAL SUB-DIVISION, MANDYA AND R/AT MATHRUSHREE NILAYA, 2ND CROSS, MARIGOWDA LAYOUT, MANDYA 61.SRI LINGAIAH
S/O LATE KODAIAH AGED ABOUT 64 YEARS RETIRED JUNIOR ASSISTANT O/O THE EXECUTIVE ENGINEER (ELEC) KEB, MANDYA AND R/AT KERAGODU I BLOCK MANDYA TALUK AND DISTRICT
62.SRI AZIZ S/O SRI ABDUL KHADAR SHARIFF AGED ABOUT 64 YEARS RETIRED MECHANIC GRADE I O/O THE EXECUTIVE ENGINEER (ELEC)
CHAMUNDESHWARI ELECTRICITY SUPPLY COMPANY, CITY SUB-DIVISION, MANDYA AND R/AT NO 2322, 3RD CROSS, GANDHINAGAR, NEAR TUMKUR SCHOOL, MANDYA
63.SRI NARASIMHAIAH D S/O SRI DODDAYELLAIAH AGED ABOUT 63 YEARS RETIRED MECHANIC GRADE II O/O THE EXECUTIVE ENGINEER (ELEC) CHAMUNDESHWARI ELECTRICITY SUPPLY
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COMPANY, PSD II MANDYA, AND R/AT DR. AMBEDKAR VEEDHI MYSORE ROAD, NAGAMANGALA, MANDYA
64.SRI K N NAGARAJU S/O SRI NARASIMHA AGED ABOUT 66 YEARS RETIRED JUNOIR ASSISTANT O/O THE EXECUTIVE ENGINEER (ELEC) MESCOM CITY SUB-DIVISION, MANDYA
AND R/AT SNATHOSE NILAYA, 4TH CROSS, V V NAGARA, KALLAHALLY MANDYA-571 401 65.SRI AHMED SHARIFF S/O SRI ABDUL SUBHAN
AGED ABOUT 64 YEARS RETIRED JUNOIR ASSISTANT O/O THE EXECUTIVE ENGINEER (ELEC) CHAMUNDESHWARI ELECTRICITY SUPPLY COMPANY, RURAL SUB-DIVISION II, MANDYA, AND R/AT NO.2032, 1ST CROSS,
NEAR B B CHURCH, MANDYA 66.SRI D L RACHASETTY S/O LATE LINGASETTY AGED ABOUT 65 YEARS RETIRED OVER SEAR
O/O THE EXECUTIVE ENGINEER (ELEC) CHAMUNDESHWARI ELECTRICITY SUPPLY COMPANY RURAL SUB-DIVISION II MANDYA, AND R/AT NO 45, 4TH CROSS, KEB COLONY, CHAMUNDESHWARINAGAR, MANDYA
67.SRI GOPALAIAH, S/O SRI MUDDAIAH AGED ABOUT 65 YEARS RETIRED ASSISTANT EXECUTIVE ENGINEER (ELEC), O/O THE EXECUTIVE ENGINEER (ELEC), M W DIVISION, KOLAR,
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AND R/AT NO 2041, SHARAVATHI ROAD, 5TH CROSS, V V NAGAR, KALLALI MANDYA
68.SRI J JAVARAIAH S/O LATE JAVARAIAH AGED ABOUT 64 YEARS RETIRED ASSISTANT EXECUTIVE ENGINEER (ELEC), O/O THE CHIEF ENGINEER (ELEC), T AND P SECTION
CAUVERY BHAVAN, BANGALORE, R/AT NO.1437, ANANDA NILAYA, 2ND CROSS, SHIRANANJAPPA EXTN., MANDYA 69.SRI H WAZEER S/O LATE HAYATH SAB
AGED ABOUT 66 YEARS, RETD. SENIOR ASST O/O THE EXECUTIVE ENGINEER (ELEC) MESCOM, CITY SUB-DIVISION, MANDYA & R/A NO.1196/320, 5TH CROSS, UDAYAGIRI, MANDYA-571 401
70.SRI V KRISHNAPPA S/O LATE VEERAPPA AGED ABOUT 65 YEARS, RETD OVERSEAR O/O THE EXECUTIVE ENGINEER (ELEC) CHAMUNDESHWARI ELECTRICITY SUPPLY CO., R.S.D-I, MANDYA, & R/A NO.380, I CROSS,
KUVEMPUNAGARA, MANDYA 71.SRI K P PUTTASWAMY S/O SRI CHIKKAPUTTEGOWDA A/A 65 YEARS, RETD ASST. EXE. ENGINEER (ELEC) O/O THE EXECUTIVE ENGINEER (ELEC)
CHAMUNDESHWARI ELECTRICITY SUPPLY CO., M.R.T SUB-DIVISION, PANDAVAPURA, MANDYA R/A MURGASHIRA NILAYA, 2ND CROSS, GEETHA HIGH SCHOOL ROAD, SHANKAR NAGAR, MANDYA
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72.SRI RAMU S/O LATE RAMARDAHYA AGED ABOUT 65 YEARS, RETD JUNIOR ASST O/O THE EXECUTIVE ENGINEER (ELEC)
KPTCL, TL & SS, N.R.MOHALLA, MANDYA & R/A SIDDARAMASWARA NILAYA, NO.KL-127 BEHIND JAIL, MARIGOWDA LAYOUT, MANDYA 73.SRI D HANCHAGAIAH S/O LATE DOLAIAH
AGED ABOUT 63 YEARS, RETD JR ENGINEER (ELEC) O/O THE EXECUTIVE ENGINEER (ELEC) CHAMUNDESHWARI ELECTRICITY SUPPLY CO., KIRAGAVALU SECTION, MALAVALLI SUB-DIVN MANDYA & R/A NO.188, 4TH CROSS, NES EXTENSION SEETHAHALLI ROAD,
MALAVALLI TOWN, MANDYA 74.SRI N SIDDAIAH S/O SRI SIDDAIAH AGED ABOUT 63 YEARS, RETD JR ASSISTANT O/O THE ASSISTANT EXECUTIVE ENGINEER
(ELEC), K.E.B., MALAVALLI, MANDYA & R/A NO.1253/A, ADHARSHA CONVENT ROAD N.E.S EXTENSION, MALAVALLI, MANDYA 75.SRI NINGANNA S/O SRI THAMADAIAH AGED ABOUT 66 YEARS, RETD SENIOR ASST.
O/O THE ACCOUNTS OFFICER, INTERNAL AUDIT, MANDYA & R/A VADDARACOLONY, 2ND CROSS, MALAVALLI, MANDYA 76.SRI KEMPA
S/O SRI KEMPAIAH AGED ABOUT 65 YEARS, RETIRED WATCHMAN O/O THE EXECUTIVE ENGINEER (ELEC) CHAMUNDESHWARI ELECTRICITY SUPPLY CO., DIVISIONAL STORES, MANDYA & R/A NO.3355, 20TH CROSS, V.V.NAGAR,
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KALLAHALLI, MANDYA-571 401 77.SRI KALAIAH S/O LATE ERAIAH
AGED ABOUT 65 YEARS, RETD SENIOR ASST O/O THE EXECUTIVE ENGINEER (ELEC) CHAMUNDESHWARI ELECTRICITY SUPPLY CO., CITY SUB-DIVISION, MANDYA-571 401 & R.A NO.49, KEB COLONY, 3RD CROSS, CHAMUNDESHWARINAGAR, MANDYA-571401
78.SRI VENKATAIAH S/O SRI VENKATANARASAIAH A/A 65 YEARS, RETIRED MECHANIC GRADE-II, O/O THE EXECUTIVE ENGINEER (ELEC) CHAMUNDESHWARI ELECTRICITY SUPPLY CO.,
R.S.D-II, MANDYA & R/A THIMMADAHALLI, KANDEGALA POST, MALAVALLI, MANDYA 79.SRI MAHADEVA SETTY S/O SRI NANJAN SETTY A/A 65 YEARS, RETIRED SR ASSISTANT
O/O THE EXECUTIVE ENGINEER (ELEC) CHAMUNDESHWARI ELECTRICITY SUPPLY CO., HONUR, CHAMARAJANAGAR DIST. MANDYA & R/A NO.2450/A, KURUBARA HOSTEL, MALAVALLI TOWN & TQ. MANDYA
80.SRI CHIKKAMADA S/O SRI DODDAVAGEGOWDA A/A 65 YEARS, RETIRED LINE MAN-II, O/O THE EXECUTIVE ENGINEER (ELEC) MALAVALLI SUB-DIVISION, MANDYA & R/A NAGEGOWDANA DODDI, CHOTTAMAHALLI
POST, MALAVALLI TQ., MANDYA DISTRICT 81.SRI SIDDAPPAJI S/O SRI H SIDDACHARY AGED ABOUT 66 YEARS, RETD., ASST EXECUTIVE ENGINEER (ELEC),
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O/O THE SUPERINTENDENT ENGINEER (ELEC), VVNL, SHIVASAMUDRAM, MESCOM, MANDYA & R/A L.T.G 35, IST STAGE, K.H.B COLONY KARAVADI ROAD, MANDYA
82.SRI JAVARA S/O SRI MOLLE GOWDA AGED ABOUT 65 YEARS, RETD MECHANIC GRADE-II, O/O THE EXECUTIVE ENGINEER (ELEC), MESCOM, MALAVALLI,
MANDYA, & R/A NO.681, CHANNEGOWDANA DODDI, CHOTTANAHALLI POST, MALAVALLI, MANDYA 83.SRI A L SHIVARAMU S/O LATE A C LINGAIAH
AGED ABOUT 66 YEARS, RETIRED ASSISTANT O/O THE EXECUTIVE ENGINEER (ELEC) CHAMUNDESHWARI ELECTRICITY SUPPLY CO., NO.2 SUB-DIVISION, MADDUR, MANDYA & R/A BALARAJ NILAYA, T.B.CIRCLE, BEHIND SERICULTURE QUARTERS,
MADDUR, MANDYA 84.SRI L LINGAIAH S/O LATE LINGAIAH AGED ABOUT 65 YEARS, RETD JR ENGINEER (ELEC) O/O THE EXECUTIVE ENGINEER (ELEC)
CHAMUNDESHWARI ELECTRICITY SUPPLY CO., MADDUR SUB-DIVISIN-II, BESAGARAHALLI SECTION, MANDYA, & R/A NEW KEB COLONY, 2ND CROSS, CHAMUNDESHWARI NAGAR, MANDYA
85.SRI S BORAIAH S/O LATE SIDDEGOWDA AGED ABOUT 64 YEARS, RETD JR ASST O/O THE EXECUTIVE ENGINEER (ELEC) MESCOM, RURAL SUB-DIVISION, MANDYA, & R/A HULIVANA VILLAGE, KERAGODU HOBLI, MANDYA
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86.SRI NATARAJU S/O LATE KEMPAIAH AGED ABOUT 63 YEARS, RETD DRIVER GRADE-I O/O THE EXECUTIVE ENGINEER (ELEC)
MESCOM, O & M DIVISION, MANDYA & R/A NO.4679/1, CHAMUNDESHWARI NAGARA, KEB COLONY, MANDYA 87.SRI K RAJA S/O LATE KENCHE GOWDA AGED ABOUT 64 YEARS, RETD SR. ASSISTANT
O/O THE EXECUTIVE ENGINEER (ELEC) CHAMUNDESHWARI ELECTRICITY SUPPLY CO., CITY SUB-DIVISION, MANDYA & R/A AVVERAHALLY VILLAGE, KOPPA HOBLI, MADDUR TQ., MANDYA
88.SRI NINGAIAH S/O LATE DODA KARI GOWDA AGED ABOUT 64 YEARS, RETD JR ENGINEER (ELEC), O/O THE EXECUTIVE ENGINEER (ELEC) CHAMUNDESHWARI ELECTRICITY SUPPLY CO., TL & SS, N.R,MOHALLA, MYSORE, & R/A
BABE GRAMA, BASRALU HOBLI, MANDYA 89.SRI RAMA S/O LATE SIDDEGOWDA AGED ABOUT 64 YEARS, RETD MECHANIC GRADE-II, O/O THE EXECUTIVE ENGINEER
(ELEC), K.E.B., MALAVALLI, MANDYA & R/A NO.97, N.E.S EXTENSION, SAHYADRI NILAYA, MALAVALLI, MANDYA 90.SRI SIDDEGOWDA S/O SRI SIDDEGOWDA
AGED ABOUT 64 YEARS, RETD MECHANIC GRADE-II, O/O THE EXECUTIVE ENGINEER (ELEC), CHAMUNDESHWARI ELECTRICITY SUPPLY CO., NO.1, SUB DIVISION, MADDUR, MANDYA & R/A 4TH CROSS, SRI.M.V NAGAR,
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MADDUR, MANDYA 91.SRI. M. GOPALA SWAMY, S/O LATE BESTHER MASHANA,
AGED 65 YEARS, RETIRED JUNIOR ASSISTANT, O/O THE EXECUTIVE ENGINEER (ELEC), MESCOM, KOLLEGALA, CHAMARAJANAGAR, MANDYA, & R/A SHIVASAMUDRAM, MALAVALLI TALUK, MANDYA.
92.SRI. BETTE GOWDA, S/O LATE BULLEGOWDA, AGED 59 YEARS, RETIRED LINEMAN, O/O THE EXECUTIVE ENGINEER(ELEC), MESCOM, MELKOTE, MANDYA,
& R/AT MUDALAKOPPALU, PANDAVAPURA TALUK, MANDYA. 93.SRI. NANJUNDA, S/O SRI. PUTTAMADEGOWDA, AGED 65 YEARS,
RETIRED MECHANIC-I, O/O THE EXECUTIVE ENGINEER(ELEC), CHAMUNDESHWARI ELECTRICITY SUPPLY COMPANY, NO.1 SUB-DIVISION, MANDYA & R/AT NO. 190, 4TH CROSS, HANIYAMBADI ROAD, HOSALLI, MANDYA.
94.SRI. PUJARI, S/O LATE PUJARI, AGED 65 YEARS, RETIRED JUNIOR ENGINEER, O/O THE EXECUTIVE ENGINEER (ELEC), MESCOM, SHIVASAMUDRAM, MALAVALLI TALUK,
MANDYA, & R/AT NO.22/292, "LAKSHMI NILAYA", M.K. HALLI, SHIVASAMUDRAM, MALAVALLI TALUK, MANDYA 95.SRI. ARASAIAH, S/O LATE MALAVALLI SIDDAIAH,
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AGED 65 YEARS, RETIRED STORE ATT GRADE-II, O/O THE EXECUTIVE ENGINEER(ELEC)MESCOM, SHIVASAMUDRAM, MALAVALLI TALUK,
MANDYA, & R/AT SHIVASAMUDRAM, MALAVALLI TALUK, MANDYA 96.SRI.M.MAHADEVA, S/O SRI. MALAVALLI LINGA, AGED 60 YEARS,
RETIRED JUNIOR ASSISTANT, O/O THE EXECUTIVE ENGINEER(ELEC), CHAMUNDESHWARI ELECTRICITY SUPPLY COMPANY, MALAVALLI TALUK, MANDYA, & R/AT VADDARACOLONY, 2ND CROSS, N.E.S.EXTN., MALAVALLI TALUK, MANDYA
97.SRI. BEERE GOWDA, S/O SRI. KALEGOWDA, AGED 64 YEARS, RETIRED MECHANIC GRADE-I, O/O THE EXECUTIVE ENGINEER(ELEC), MESCOM,
SHIVASAMUDRAM, MALAVALLI TALUK, MANDYA, & R/AT BELKAVADI, MALAVALLI TALUK, MANDYA 98.SRI. K. HOMBALE GOWDA, S/O SRI. KALE GOWDA,
AGED 64 YEARS, RETIRED STORE KEEPER GRADE-II, O/O THE EXECUTIVE ENGINEER (ELEC), CHAMUNDESHWARI ELECTRICITY SUPPLY COMPANY, MANDYA& R/AT NO.31, 1ST CROSS, TELECOM LAYOUT, 2ND STAGE,
BAGADI (NORTH), MYSORE 99.SRI. B.M. MALLAIAH, S/O LATE MADASETY, AGED 65 YEARS, RETIRED CARPENTER, O/O THE EXECUTIVE ENGINEER (ELEC), MESCOM, SHIVASAMUDRAM,
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MALAVALLI TALUK, MANDYA, & R/AT C CHICKGANIGERE BEEDI, BELAKAVADI, MALAVALLI TALUK, MANDYA.
100.SRI.V.MADAIAH, S/O SRI. VEERATHAIAH, AGED 63 YEARS, RETIRED CIVIL MATI, O/O THE EXECUTIVE ENGINEER(ELEC), MESCOM, SHIVASAMUDRAM, MALAVALLI TALUK, MANDYA, & R/AT ANITHA CONVENT ROAD, N.E.S. LAYOUT,
3RD CROSS, MALAVALLI TALUK, MANDYA. 101.SRI. ANWAR PASHA, S/O SRI. AMEER SHAIF, AGED 66 YEARS, RETIRED MECHANIC GRADE-II, O/O THE EXECUTIVE ENGINEER (ELEC), MESCOM,
SHIVASAMUDRAM, MALAVALLI TALUK, MANDYA, & R/AT SHIVASAMUDRAM, M.K. HALLI, MALAVALLI TALUK, MANDYA. 102.SMT. PUSHPAMMA, D/O SRI. GURUPADAM,
AGED 65 YEARS, RETIRED SWEEPER, O/O THE EXECUTIVE ENGINEER (ELEC), MESCOM, SHIVASAMUDRAM, MALAVALLI TALUK, MANDYA, & R/AT SHIVASAMUDRAM, MALAVALLI TALUK, MANDYA
103.SRI. CHIKKERA, S/O SRI. KENCHASETTY, AGED 66 YEARS, RETIRED SENIOR MECHANIC, O/O THE EXECUTIVE ENGINEER (ELEC), BESCOM, CHITRADURGA, & R/AT
CHANNEGOWDANADODDI, MALAVLLI TALUK, MANDYA DIST. 104.SRI. CHIKKASIDDEGOWDA, S/O LATE BOREGOWDA, AGED 66 YEARS, RETIRED JUNIOR ENGINEER
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(ELEC), O/O THE EXECUTIVE ENGINEER (ELEC) CHAMUNDESHWARI ELECRICITY SUPPLY COMPANY NO.1 SUB-DIVISION, MADDUR, MANDYA, & R/AT KADANAPURADA DODDI,
CHIKKARASINAKERE HOBLI, BIDARAHALLI POST, MADDUR TALUK, MANDYA 105.SRI. CHIKKASIDDA, S/O SRI. DODDASIDDAIAH, AGED 63 YEARS, RETIRED MECHANIC GRADE-II
O/O THE EXECUTIVE ENGINEER (ELEC), MESCOM, RURAL SUB-DIVISION, MANDYA & R/AT GOVERNMENT HOSPITAL ROAD, KIRUGAVALU HOBLI & POST, MALAVALLI TALUK. 106.SRI. MAHALINGA,
S/O LATE HONNEGOWDA, AGED 63 YEARS, RETIRED SENIOR ASSISTANT GRADE-I, O/O THE EXECUTIVE ENGINEER(ELEC), KPTCL, TL & SS, N.R. MOHALLA, MANDYA, & R/AT BENNATTI GRAMA, BASARALU HOBLI, MANDYA.
107.SRI. V. GANGADHARAIAH, S/O SRI. D. VENKATAIAH, AGED 64 YEARS, RETIRED JUNIOR ASSISTANT, O/O THE EXECUTIVE ENGINEER (ELEC), RURAL
DIVISION, ANANDARAO CIRCLE, BANGALORE. & R/AT NO.180, 3RD MAIN, 4TH PHASE, 7TH BLOCK, BSK 3RD STAGE, BANGALORE-85 108.SRI. CHIKKAMADAIAH,
S/O SRI. DODDACHIKKEGOWDA, AGED 64 YEARS, RETIRED LINEMAN, O/O THE EXECUTIVE ENGINEER (ELEC), MESCOM MALAVALLI TALUK, MANDYA, & R/AT VASUVALL B.G. PURA POST, MALAVALLI TALUK, MANDYA.
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109.SRI. BETTE GOWDA, S/O LATE BULLEGOWDA, AGED 59 YEARS, RETIRED LINEMAN,
O/O THE EXECUTIVE ENGINEER (ELEC), MESCOM MELKOTE, MANDYA, & R/AT MUDALAKOPPALU, PANDAVAPURA TALUK, MANDYA DISTRICT. (NOTE:APPELLANTS ARE NOT CLAIMING SENIOR CITIZEN BENEFIT)
... APPELLANTS (BY SRI: K.SUBBARAO, SR.COUNSEL A/W SRI.N.DEVARAJ, ADV.) AND:
1.THE STATE OF KARNATAKA, REP. BY ITS PRINCIPAL SECRETARY, TO GOVERNMENT, DEPARTMENT OF ENERGY, M.S. BUILDINGS, DR. B.R. AMBEDKAR VEEDHI BANGALORE.
2.KARNATAKA POWER TRANSMISSION CORPORATION LIMITED, A BODY CONSTITUTED UNDER THE KARNATAKA ELECTRICITY REFORMS ACT, 1999, CORPORATE OFFICE, CAUVERY BHAVAN, BANGALORE, REP BY ITS CHAIRMAN.
3.THE GENERAL MANAGER/ DIRECTOR(A & HRD), KARNATAKA POWER TRANSMISSION, CORPORATION LIMITED, CAUVERY BHAVAN, K.G. ROAD, BANGALORE.
... RESPONDENTS
(BY SRI: BASAVARAJ KAREDDY, PRL. GOVT. ADV. FOR R1, SRI.S.S.RAMDAS, SR. COUNSEL A/W SRI.ABHILASH RAJU, ADV. FOR R2 & R3)
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THESE WRIT APPEALS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN THE WRIT PETITION NO.35347-35455/2009(S-R) DATED 06/07/2011.
IN W.A.No.15358/2011 BETWEEN: SRI A P LINGAPPA
S/O LATE A P BASAVARAJAPPA AGED ABOUT 64 YEARS, RETIRED SENIOR ASSISTANT, O/O THE ASSISTANT EXECUTIVE ENGINEER (ELEC), BESCOM, S4,SUB-DIVISION KORMANGALA BDS COMPLEX BANGALORE & R/A NO.182, 3RD MAIN, M S RAMAIAH CITY.
J.P.NAGAR 8TH PHASE, BANGALORE-76.
... APPELLANT (BY SRI: K.SUBBARAO, SR.COUNSEL A/W SRI.N.DEVARAJ, ADV.)
AND: 1. THE STATE OF KARNATAKA
REP BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF ENERGY M S BUILDINGS, DR. B R AMBEDKAR VEEDHI
BANGALORE-560 001
2. KARNATAKA POWER TRANSMISSION CORPORATION LIMITED, A BODY CONSTITUTED UNDER THE KARNATAKA ELECTRICITY REFORMS ACT 1999
CORPORATE OFFICE, CAUVERY BHAVAN BANGALORE-560 009 REP BY ITS CHAIRMAN
3. THE GENERAL MANAGER/DIRECTOR (A & HRD) KARNATAKA POWER TRASMISSION
-: 37 :-
CORPORATION LIMITED, CAUVERY BHAVAN, K G ROAD BANGALORE
... RESPONDENTS
(BY SRI: BASAVARAJ KAREDDY, PRL. GOVT. ADV. FOR R1, SRI.S.S.RAMDAS, SR. COUNSEL A/W SRI.ABHILASH RAJU, ADV. FOR R2 & R3)
THIS WRIT APPEAL IS FILED U/S 4 OF THE
KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE
THE ORDER PASSED IN THE WRIT PETITION
NO.40263/2010(S-R) DATED 25/07/2011.
IN W.A.Nos.15359-15361/2011
BETWEEN: 1. SRI B S PREMKUMAR
S/O LATE B SRINIVASA MURTHY
AGED ABOUT 63 YEARS RETIRED JUNIOR ENGINEER (ELEC) O/O THE EXECUTIVE ENGINEER (ELEC) KPTCL SRS PEENYA, BANGALORE
R/AT NO 109, "SRINIVASA L G RAMANNA LAYOUT, LAGGERE, BANGALORE 560 058
2. SMT T G JAGADAMBA D/O SRI N G GUBBIYAPPA AGED ABOUT 64 YEARS RETIRED JUNIOR ASSISTANT, O/O THE
ASSISTANT EXECUTIVE ENGINEER (ELEC) BESCOM, W4, SUB-DIVISION, A.R. CIRCLE BANGALORE 560 001, R/AT NO.40, 9TH CROSS, S P EXTENSION,
MALLESHWARAM, BANGALORE-03
3. SMT B.G. PADMAVATHI
W/O SRI C S SATYANARAYNA RAO AGED ABOUT 65 YEARS RETIRED ASSISTANT,
-: 38 :-
O/O THE ASSISTANT EXECUTIVE ENGINEER (ELEC), BESCOM, W4M, SUB-DIVISION, A.R.CIRCLE, BANGALORE, 1 R/AT NO 15, AKSHAYA
6TH E MAIN, 15TH CROSS, M L PURAM BANGALORE-86
... APPELLANTS (BY SRI: K.SUBBARAO, SR.COUNSEL A/W SRI.N.DEVARAJ, ADV.)
AND: 1. THE STATE OF KARNATAKA
REP BY THE PRINCIPAL SECRETARY TO GOVERNMENT DEPARTMENT OF ENERGY M S BUILDING, DR B.R. AMBEDKAR VEEDHI
BANGALORE 560 001
2. KARNATAKA POWER TRANSMISSION CORPORATION LIMITED, A BODY CONSTITUTED UNDER THE KARNATAKA ELECTRICITY REFORMS ACT 1999, CORPORATE OFFICE,
CAUVERY BHAVAN, BANGALORE-560 009 REP. BY ITS CHAIRMAN
3. THE GENERAL MANAGER/DIRECTOR (A & HRD) KARNATAKA POWER TRANSMISSION CORPORATION LTD., CAUVERY BHAVAN
K G ROAD, BANGALORE ... RESPONDENTS
(BY SRI: BASAVARAJ KAREDDY, PRL. GOVT. ADV. FOR R1, SRI.S.S.RAMDAS, SR. COUNSEL A/W SRI.ABHILASH RAJU, ADV. FOR R2 & R3)
THESE WRIT APPEALS ARE FILED U/S 4 OF THE
KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE
THE ORDER PASSED IN THE WRIT PETITION NO.35250-
252/2010(S-R) DATED 27/07/2011.
-: 39 :-
IN W.A.Nos.15398-15401/2011
BETWEEN:
1. SRI RAMEGOWDA S/O LATE SANJEEVEGOWDA RETIRED ASSISTANT, O/O THE ASST EXE. ENG (ELEC), CHAMUNDESHWARI ELECTRICITY SUPPLY COMPANY, PIRIYAPATNA, MYSORE DIST. & R/A BELTHUR VILLAGE, MANJUNATHAPURA
POST, PIRIYAPATNA TALUK, MYSORE DIST.
2. SRI G NAGARAJ S/O SRI B K GOPALA RAO, RETIRED JUNIOR ENGINEER(ELE), O/O THE EXE. ENG (ELEC), KPTCL,
SRS STATION, PEENYA, BANGALORE, R/A NO. 575, 3RD MAIN "A" BLOCK, 2ND STAGE, RAJAJINAGAR, BANGALORE- 560 010
3. SRI GURUMALLARADHYA
AGED ABOUT 65 YEARS S/O LATE GURUMALLARADHYA RETIRED JUNIOR ENGINEER (ELE) O/O THE EXE ENG (ELEC), KPTCL, SRS STATION, PEENYA,BANGALORE & R/A NO.984, 8TH CROSS, 21ST MAIN,
GNANABHARATHI LAYOUT, 2ND BLOCK, BANGALORE-56
4. SRI K R REVANASIDDAPPA AGED ABOUT 66 YEARS S/O LATE REVANNA,
RETIRED, O/O THE EXEC ENG (ELEC), BESCOM, RURAL SOUTH DIVISION, BANGALORE, & R/A NO. 520, 1ST " A" CROSS,
HOYSALA NAGARA, SUNKADAKATTE,
-: 40 :-
VISHWANUDAM POST, MAGADI MAIN ROAD, B’LORE-91
... APPELLANTS
(BY SRI: K.SUBBARAO, SR.COUNSEL A/W SRI.N.DEVARAJ, ADV.) AND: 1. THE STATE OF KARNATAKA
REP. BY ITS PRINCIPAL SECRETARY TO GOVERMENT, DEPARTMENT OF ENERGY M S BUILDINGS, DR. B R AMBEDKAR VEEDHI, BANGALORE- 560 001
2. KARNATAKA POWER TRANSMISSION
CORPORATION LIMITED, A BODY CONSTITUTED UNDER THE KARNATAKA ELECTRICITY REFORMS ACT, 1999 CORPORATE OFFICE, CAUVERY BHAVAN, BANGALORE- 560 009 REP. BY ITS CHAIRMAN
3. THE GENERAL MANAGER/DIRECTOR (A & HRD )
KARNATAKA POWER TRANSMISSION, CORPORATION LIMITED, CAUVERY BHAVAN, K G ROAD, BANGALORE
... RESPONDENTS
(BY SRI: BASAVARAJ KAREDDY, PRL. GOVT. ADV. FOR R1, SRI.S.S.RAMDAS, SR. COUNSEL A/W SRI.ABHILASH RAJU, ADV. FOR R2 & R3)
THESE WRIT APPEALS ARE FILED U/S 4 OF THE
KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE
THE ORDER PASSED IN THE WRIT PETITION NO.35253 &
35254-256/2010 DATED 27/07/2011.
-: 41 :-
IN W.A.Nos.15802-15836/2011
BETWEEN:
1. SRI D R SHIVASHANKARAPPA S/O LATE DHARANI RUDRAPPA AGED ABOUT 65 YEARS, EXECUTIVE ENGINEER (RETD) R/A NO.7, 10TH CROSS, PRASHANTHNAGAR, BANGALORE-560079
2. SRI M VENKATESHAPPA
S/O LATE N MUNIVENKATAPPA AGED ABOUT 64 YEARS, EXECUTIVE ENGINEER (ELECL) (RETD) R/A NO.336, 8TH MAIN,
4TH BLOCK, RAJAJINAGAR, BANGALORE-560010
3. SRI A VINAYA KUMAR S/O S C ANAND AGED ABOUT 65 YEARS, EXECUTIVE ENGINEER (ELECL) (RETD)
R/A NO.161, 9TH CROSS, INDIRANAGAR I STAGE, BANGALORE-560038
4. SRI PREMSINGH NARASINGH KANNOLLI S/O NARSINGH
AGED ABOUT 65 YEARS, EXECUTIVE ENGINEER (ELECL) (RETD) R/A C/O SRI RAM NARYAN SINGH NO.1062, 65TH CROSS, 5TH BLOCK, RAJAJINAGAR, BANGALORE-560010
5. SRI G MALLIKARJUNA
S/O LATE G VEERAPPA AGED ABOUT 65 YEARS, EXECUTIVE ENGINEER (RETD) R/A NO.931, IST FLOOR, III CROSS,
-: 42 :-
ITI LAYOUT, XI BLOCK, II STAGE, PAPA REDDY PALYA, NAGARABHAVI, BANGALORE-560072
6. SRI H A BASAVARAJU S/O LATE HALEGOWDA AGED ABOUT 65 YEARS, EXECUTIVE ENGINEER (NC) (RETD) R/A NO.3, IST MAIN ROAD, BASAVESHWARA LAYOUT, VIJAYANAGAR, BANGALORE-560040
7. SRI C N CHICKCHANNAPPA
S/O LATE NANJUNDAIAH AGED ABOUT 64 YEARS, ASST EXECUTIVE ENGINEER (ELEC) (RETD) R/A NO.151, 6TH MAIN,
11TH CROSS, PRASHANTHNAGAR, BANGALORE-560079
8. SRI SRINIVASAIAH S/O LATE MUNISWAMY AGED ABOUT 65 YEARS, ASST EXECUTIVE ENGINEER (ELECL) (RETD)
R/A NO.432/C, 10TH CROSS, II PHASE, J.P.NAGAR, BANGALORE-560 078
9. DR H S GOPALA RAO S/O H N SURYANARAYANA RAO AGED ABOUT 65 YEARS,
ASST EXECUTIVE ENGINEER (RETD) R/A NO.144, SVASTISRI SKANDA, ARASINA KUNTE, NELAMANGALA TQ. BANGALORE RURAL DIST-562 123
10. SRI RAMA SETTY S/O LATE KRISHNA SETTY
AGED ABOUT 65 YEARS, EXECUTIVE ENGINEER (ELECL) (N.C) (RETD) R/A NO.13, NEAR VIKAS SCHOOL, 4TH MAIN, 5TH BLOCK, B S K 3RD STAGE, BANGALORE-560085
-: 43 :-
11. SRI B G SATHYANARAYANA S/O LATE B T GANGOJI RAO AGED ABOUT 65 YEARS EXECUTIVE ENGINEER (ELECL) (NC) (RETD)
R/A 2ND MAIN, "PUSHPAGIRI" SHIVARAMA KARANTHANAGARA, KYATHSANDRA POST, TUMKUR 572104
12. SRI T S REVANNA S/O T SIDDEGOWDA
AGED ABOUT 65 YEARS EXECUTIVE ENGINEER (ELECL) (RETD) R/A NO.298, ADITHYA VISHWESWARAIAH MAIN ROAD VIDYANAGAR, HASSAN 573201
13. SRI V RAMANJANAPPA S/O LATE VEMANNA AGED ABOUT 64 YEARS ASST.EXECUTIVE ENGINEER (ELECL) (RETD) R/A NO.741, 1ST CROSS, 5TH MAIN, 5TH BLOCK, BSK 3RD STAGE
BANGALORE 560085
14. SRI L VIJAYANNA S/O LATE LAKKEGOWDA AGED ABOUT 64 YEARS EXECUTIVE ENGINEER (ELEL) (RETD)
R/A NO.712/2, "SAVI" SARASWATHIPURAM SALIGAME ROAD HASSAN 573201
15. SRI B S RAJASHEKAR S/O LATE J SHIVANNA AGED ABOUT 65 YEARS SUPERINTENDING ENGINEER (ELEL) (RETD) R/A NO.99, 1ST FLOOR, 6TH CROSS, VASANTHANAGAR, BANGALORE 560052
-: 44 :-
16. SRI B K CHANDRASEKARA S/O V R KRISHNAMURTHY AGED ABOUT 65 YEARS ASST.EXECUTIVE ENGINEER (ELEL) (RETD)
R/A NO.174, 6TH MAIN "B" BLOCK, J.P.NAGAR MYSORE 570 008
17. SRI K G MAHABALESWARA S/O A GIRIYAPPA
AGED ABOUT 64 YEARS EXECUTIVE ENGINEER (ELEL) (NC) (RETD) R/A NO.54, SRI MANJUNATHA NILAYA 2ND STAGE, 2ND CROSS, NEAR CHETANA SCHOOL, VINOBANAGAR, SHIMOGA 577201
18. SRI K S PURUSHOTHAMA S/O LATE K S SUBBANNA GOWDA AGED ABOUT 65 YEARS EXECUTIVE ENGINEER (ELEL) (RETD) R/A "PANCHAJANYA" 12TH CROSS, 60 FT.ROAD, 1ST STAGE
VINOBANAGAR, SHIMOGA 577204
19. SRI BASHA SAB S/O MOHD IBRAHIM SAB AGED ABOUT 65 YEARS EXECUTIVE ENGINEER (ELEL)(NC) (RETD)
R/A NO.77/A, 8TH CROSS BAPUJINAGAR, SHIMOGA 577201
20. SRI B V RUDRESH S/O LATE VEERABHADRAPPA AGED ABOUT 64 YEARS
EXECUTIVE ENGINEER (ELEL)(NC) (RETD) R/A NO.85, 4TH CROSS BCC LAYOUT, ATTIGUPPE BANGALORE 560040
-: 45 :-
21. SRI N S VENKATESH S/O N L SUBBARAYAPPA AGED ABOUT 65 YEARS SUPERINTENDING ENGINEER (ELEL) (RETD)
R/A NO.1864, "MYSORRU MALLIGE" 2ND CROSS, 2ND MAIN, K BLOCK, KUVEMPUNAGAR, MYSORE 570023
22. SRI K SRINIVAS RAO S/O RAGHAVENDRA RAO
AGED ABOUT 65 YEARS ASST.EXECUTIVE ENGINEER (ELEL) (RETD) R/A NO.396, "SRI RATNA" III MAIN, 8TH CROSS, KALYANNAGAR NAGARABHAVI I STAGE, BANGALORE 560072
23. SRI S CHANNAVEERAPPA S/O S SIDDAPPA AGED ABOUT 65 YEARS EXECUTIVE ENGINEER (ELEL) (RETD) R/A NO.3714/63, 13TH MAIN, MCC "A" BLOCK,
DAVANAGERE 577004
24. SRI S P BENDIGERI S/O P C BENDIGERI AGED ABOUT 65 YEARS EXECUTIVE ENGINEER (ELEL) (RETD)
R/A NO.3714/141, 12TH MAIN, MCC "A" BLOCK, DAVANAGERE 577004
25. SRI K HALAPPA S/O K PUTTAPPA
AGED ABOUT 65 YEARS ASST. EXECUTIVE ENGINEER (ELEL) (RETD) R/A NO.3877, M.C.C. "B" BLOCK NEAR AYYAPPA SWAMY TEMPLE DAVANAGERE 577004
-: 46 :-
26. SRI M HALESHA S/O HALASIDDAPPA AGED ABOUT 65 YEARS EXECUTIVE ENGINEER (ELEL) (RETD)
R/A NO.1847/221-222 3RD CROSS, VINAYAKA EXTENSION VIDYANAGAR, DAVANAGERE 577005
27. SRI R D LAKSHMANA REDDY S/O LATE C R DASA REDDY
AGED ABOUT 65 YEARS EXECUTIVE ENGINEER (ELEL) (NC) (RETD) R/A NO.150, "INCHARA" 8TH CROSS, 29TH MAIN, BTM LAYOUT II STAGE, BANGALORE 560076
28. SRI T S ANANDA S/O T B SOMAIAH AGED ABOUT 65 YEARS EXECUTIVE ENGINEER (ELEL) (NC) (RETD) R/A NO.18/58, SUDARSHAN EXTENSION MADIKERI 571201
29. SRI T S NAGESHAN
S/O LATE T S SUBRAMANYAM AGED ABOUT 64 YEARS ASSISTANT ENGINEER (ELEL) (RETD) R/A NO.1031, E & F BLOCK, 5TH MAIN,
RAMAKRISHNA NAGAR MYSORE 570022
30. SRI MOHAMMED ALTAF HUSSAIN S/O LATE M ABDUL HAMEED AGED ABOUT 64 YEARS
ASSISTANT ENGINEER (ELEL) (RETD) R/A NO.3, 3RD CROSS, MOSQUE STREET LALBAGH EAST, SIDDAPURA JAYANAGAR 1ST BLOCK, BANGALORE 560011.
-: 47 :-
31. SRI S M PARAMESHWARAIAH S/O LATE S L MUDDABASAVAIAH AGED ABOUT 65 YEARS ASST EXECUTIVE ENGINEER (ELEL) (RETD)
R/A NO.67, 1ST FLOOR, III MAIN MLA LAYOUT, R.T.NAGAR, BANGALORE 560032
32. SRI S S KOKATANOOR S/O SANGAPPA KOKATANOOR AGED ABOUT 64 YEARS
EXECUTIVE ENGINEER (ELEL) (RETD) R/A NO.80/1, "BASAVA GANGOTRI" B.M.HIOGHWAY, KUMBALAGODU KENGERI HOBLI, BANGALORE 560074
33. SRI L A PATIL
S/O ANNAPPA GOUDA PATIL AGED ABOUT 65 YEARS EXECUTIVE ENGINEER (ELEL) (NC) (RETD) R/A NO.38/2, 2ND FLOOR, JAYACHANDRA REDDY BUILDING, 20TH MAIN, 4TH CROSS PADMANABHANAGAR, BANGALORE 560070
34. SRI D R LAKSHMAIAH
S/O RANGAIAH AGED ABOUT 65 YEARS ASST EXECUTIVE ENGINEER (ELEL) (RETD) R/A NO.62/14, 3RD DIVISION,
3RD MAIN ROAD, 3RD CROSS BHAGATSINGH ROAD, SUBRAMANYANAGAR TURUVEKERE 572227
35. SRI P N PUTTANNA S/O LATE M NANJEGOWDA
AGED ABOUT 65 YEARS SUPERINTENDING ENGINEER (ELEL) (RETD) R/A NO.969, E &F BLOCK, 1ST CROSS AGNI HAMSA ROAD KUVEMPUNAGAR MYSORE 570023
-: 48 :-
(NOTE: APPELLANTS ARE NOT CLAIMING SENIOR CITIZEN BENEFIT)
... APPELLANTS (BY SRI: D.R.RAJASHEKHARAPPA, ADV.)
AND: 1. KARNATAKA POWER TRANSMISSION
CORPORATION LIMITED (KPTCL), A BODY CONSTITUTED UNDER
ELECTRICITY REFORMS ACT 1999 CORPORATE OFFICE:CAUVERY BHAVAN K.G.ROAD, BANGALORE 560 009 REP. BY ITS CHAIRMAN
2. KARNATAKA POWER TRANSMISSION
CORPORATION LIMITED (KPTCL) A BODY CONSTITUTED UNDER ELECTRICITY REFORMS ACT 1999 CORPORATE OFFICE:CAUVERY BHAVAN K.G.ROAD, BANGALORE 560009 REP. BY ITS MANAGING DIRECTOR
3. STATE OF KARNATAKA
DEPARTMENT OF ENERGY M.S.BUILDING, DR.AMBEDKAR VEEDHI, BANGALORE 560001 REP. BY ITS PRINCIPAL SECRETARY
TO GOVERNMENT ... RESPONDENTS
(BY SRI: B.C.PRABHAKAR, ADV. FOR R2, SRI.BASAVARAJ KAREDDY, PRL. GOVT. ADV. FOR R3)
THESE WRIT APPEALS ARE FILED U/S 4 OF THE
KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE
THE ORDER PASSED IN THE WRIT PETITION NO.10367
TO 10401/2010 (S-R) DATED 29/07/2011.
-: 49 :-
THESE APPEALS BEING RESERVED AND COMING
ON FOR PRONOUNCEMENT OF JUDGMENT THIS DAY,
NAGARATHNA J., DELIVERED THE FOLLOWING:
J U D G M E N T
NAGARATHNA, J:
These writ appeals are filed by pensioners who have
retired from the respondent-Karnataka Power Transmission
Corporation Ltd., (hereinafter referred to as “KPTCL” for the
sake of convenience), assailing the orders of the learned
Single Judge dismissing their writ petitions. Initially,
W.P.Nos.31281-31313/2009 were dismissed by order dated
23.11.1009. Following the said order, several other writ
petitions have been dismissed by other learned Single
Judges.
2. The relevant facts of the case are that the
appellants retired between 01.04.2003 and 01.07.2005
from KPTCL, which is a corporate body constituted for the
transmission and distribution of power supply for certain
parts of the State.
-: 50 :-
3. By tripartite agreements dated 31.07.1999 and
15.09.1999 between the Government of Karnataka, the
erstwhile Karnataka Electricity Board and the Karnataka
Electricity Board Employees’ Union, it was agreed that the
Government and KPTCL shall guarantee payment of
pension including Dearness Allowance and other benefits
that are in force pursuant to the Bilateral Settlement and
terms and conditions prevailing as on the dates of
Settlements, to the pensioners and family pensioners. As
per the Bilateral Settlement dated 31.07.1999, employees of
KPTCL were entitled to pension and pensionary benefits as
applicable to employees of the Government of Karnataka.
4. According to the appellants, by a Memorandum
of Settlement dated 25.09.2006, KPTCL revised the pay
scales of employees who were in service as on 01.04.2003
by adding 10% of the pay to the existing basic pay. By an
order dated 27.09.2006 at clause XVIII (b), it was made
clear that the pensionary benefits would be regulated as
prevailing in the State Government. In the meanwhile the
Government of Karnataka had passed an order on
-: 51 :-
04.04.2006 wherein 10% interim relief was sanctioned to
retired employees of the State Government. Similarly,
KPTCL extended the said benefits to its employees as per
its order dated 04.11.2006.
5. Thereafter, the 5th Pay Commission
recommended revision of pay scales and consequently
revision of pension and family pension of Government
servants who died in service or retired prior to 01.07.2005.
Accordingly, the Government of Karnataka issued an order
dated 06.06.2007 revising the pension and family pension
to the employees of the State Government. KPTCL also
issued an order dated 31.08.2007, bifurcating the
pensionary benefits in the following manner:
i) Sanctioning 17.5% to the employees who had
retired prior to 01.04.2003 by merging 71%
Dearness Allowance (D.A.).
ii) Employees who retired after 01.04.2003 only
71% D.A. has been merged and 17.5% has not
been added.
-: 52 :-
6. By order dated 25.04.2008, KPTCL accorded
approval for the calculation of pension and family pension
of those employees who retired after 01.04.2006. According
to the appellants, the KPTCL has classified the pensioners
into three categories in the following manner, which is
discriminatory:
(a) To employees who retired before 31.03.2003, the
respondents have extended the Government Order
and sanctioned 17.5% of Basic pension/family
pension.
(b) To employees who retired on or after 01.04.2003,
the respondents have denied 17.5% of Basic
pension/family pension in violation of the
Agreement dated 27.09.2006.
(c) To employees who retired after 01.07.2005, the
respondents have extended 71% of Dearness
Allowance.
7. Thereafter, by order dated 02.06.2008 KPTCL
enhanced the escalation in the basic pay from 10% to 12%
to the employees who were in service as on 01.04.2003.
-: 53 :-
8. Being aggrieved by the discriminatory treatment
meted out to those employees who had retired between
01.04.2003 and 01.07.2005 *, they had made representations
and not receiving any response to the same, filed writ
petitions before this court. During the pendency of the writ
petitions endorsements were issued to the appellants rejecting
their claim which were assailed in subsequent writ petitions
which have been dismissed. It is against the orders of
dismissal that these appeals have been filed.
9. In the statement of objections filed by the KPTCL
to the writ appeals as no notice was issued to them in the
Writ Petitions initially dismissed, it has been admitted that
pursuant to the recommendations of the 5th State Pay
Commission being accepted by the Government of Karnataka
by order dated 04.04.2006, interim relief was granted to the
pensioners and family pensioners with effect from 01.01.2006
at 10% of basic pension/family pension. It has
also been admitted that as per the Memorandum
Settlement dated 25.09.2006, effective from 01.04.2003, as
* Corrected V.C.O. dated 23.11.2012
-: 54 :-
per Clause 11-B, the pensionary benefits including family
pension was to be payable and regulated as prevailing in
the State Government from time to time. That the State
Government Order dated 06.06.2007 pursuant to the
acceptance of the 5th State Pay Commission, declared the
cut-off date as 01.07.2005 as revised pay scales pursuant
to the Pay Commission Report had been implemented for
Government employees with effect from 01.07.2005.
Accordingly, Government Order dated 06.06.2007 was
issued extending the benefit of revised pension and family
pension to the persons who retired or died while in-service
prior to 01.07.2005. As far as the employees of KPTCL is
concerned, a Committee was constituted with regard to the
revision of pensionary benefits and according to the said
Committee, since revision of pay scales had been given with
effect from 01.04.2003, the said date was reckoned in the
revision of pensionary benefits also and accordingly, two
orders revising pensionary benefits were issued. One in
respect of employees who retired or died while in-service on
or after 01.04.2003 on the lines of the benefits extended by
-: 55 :-
Government Order dated 06.06.2007 and the second, in
respect of employees who had retired from service or died
while in-service prior to 01.04.2003 on the same lines as
Government Order dated 06.06.2007. It is the case of the
KPTCL that the Government has not extended weightage of
17.5% to the employees for the purpose of calculation of
pensionary benefits to those who retired from service or
died while in-service on or after 01.07.2005 for the reason
that such employees were in service as on 01.07.2005 and
they have been given the benefit of weightage of 12% at the
time of fixation of pay and their pension has been
calculated on the basis of the last pay drawn. However, the
same treatment has not been meted out to those who are in
service or died while in-service on or after 01.04.2003. It
has also been admitted that the State Government while
revising the pensionary benefits to those who retired from
service or died while in-service prior to 01.07.2005 have
been extended the weightage of 17.5% to the basic pension
as there was no revision of pay scales to these pensioners.
-: 56 :-
10. We have heard the learned Senior Counsel along
with counsel for the appellants and the learned Senior
Counsel and counsel for the KPTCL and perused the
material on record.
11. On behalf of the appellants, it was pointed out
that there was a Settlement dated 25.09.2006 entered into
between the Management of KPTCL and its Employees’
Union regarding revision of pay scales and other allied
benefits including pensionary benefits with effect from
01.04.2003. Consequently, order dated 27.09.2006 was
issued by KPTCL approving the revision of pay scales.
Clause XVIII thereof pertains to retirement/terminal
benefits, wherein it is stated that pension including family
pension would be regulated as prevailing in the State
Government from time to time. Prior to this, order dated
06.06.2007 was issued by the State Government revising
pension and family pension pursuant to the 5th State Pay
Commission with regard to Government Servants who
retired or died while in service prior to 01.07.2005.
Thereafter, order dated 31.08.2007 was passed by KPTCL
-: 57 :-
revising pensionary benefits to the employees who retired
or died while in service with effect from 01.04.2003 but
that this order ignored inclusion of 17.5% to the basic
pension. It was contended that the Memorandum of
Settlement is binding on the parties as per Section 18(3) of
the Industrial Disputes Act. Further, in the earlier writ
petitions, in the additional statement of objections filed, it
was admitted by KPTCL that while revision of pay scales to
its employees is effected based on negotiations and
settlements, but revision of pension of the retired
employees is in accordance with the State Government
Order issued from time to time, the basis and object behind
both revisions being entirely different. Therefore, KPTCL
ought to follow the Government Order dated 06.06.2007 in
the revision of pensionary benefits in toto pursuant to the
5th Pay Commission and not as per the order of KPTCL
dated 31.08.2007. Relying on certain decisions it was
contended that the appeals would have to be allowed and
the appellants would have to be granted pensionary
benefits on par with the State Government Pensioners.
-: 58 :-
12. Per contra, learned Senior Counsel appearing
for KPTCL referred to para II of the KPTCL Order dated
27.09.2006 pertaining to fixation of pay which states that
the pay shall be fixed in the corresponding revised scale of
pay with effect from 01.04.2003 by adding 10% (later
enhanced to 12%) to the existing basic pay as on
01.04.2003 and the revised basic pay was fixed with effect
from 01.04.2003. That the pensioners who have retired
subsequent to 01.04.2003 are not in any way deprived of
their pensionary benefits as compared to those who retired
prior to 01.04.2003 as they have had the benefit of revised
basic pay. Therefore, there is no merit in these appeals.
Relying on certain decision, it was contended that the
appeals have to be dismissed.
13. In reply, learned Senior Counsel stated that the
binding Settlement must be implemented by all the parties
thereto. The appellants are not assailing the quantum of
pension received by them, but the basis on which pension
has been computed. Reliance was placed on an order of
the Division Bench dated 06.06.2012 in W.A.No.3191/2007
-: 59 :-
and it was contended that as far as fixation of pay scales is
concerned, it is as per the order of the KPTCL, but as far as
computation of pension is concerned, it has to be based on
Government Orders and therefore, relief may be given to
the appellants.
14. Having heard the counsel on both sides, the
only point which arises for our consideration is as to
whether the appellants/writ petitioners are entitled to
pensionary benefits in terms of the Government Order
dated 06.06.2007.
15. From the material on record it is not in dispute
that the appellants have retired on attaining the age of
superannuation between the period 01.04.2003 and
01.07.2005. They have been receiving pension from the
date of their retirement on attaining superannuation. It is
the contention of the pensioners that KPTCL must follow
the orders made by the State Government in the
computation of pensionary benefits to its employees. It is
not in dispute that there was a Memorandum of Settlement
-: 60 :-
entered into by KPTCL with its Employees Union on
25.09.2006 with regard to revision of pay scales as well as
other matters including pensionary benefits. But with
regard to those persons who retired prior to 01.07.2005, on
the recommendation of the 5th Pay Commission, the
Government of Karnataka issued Order dated 06.06.2007
revising the pension and family pension of the employees of
the State Government. No doubt, by then, KPTCL has
revised the pay scales with effect from 01.04.2003 and had
extended 10% interim relief to pensioners. But the
grievance of the pensioners is that KPTCL by order dated
31.08.2007 has not implemented the Government Order
dated 06.06.2007 in toto to those who have retired between
01.04.2003 to 01.07.2005 by merging 71% D.A. and
including 17.5% weightage. In response to the
representations made by the pensioners’ endorsement
dated 15.09.2009 was issued stating that there is no
disparity in take home pension of the employees who
retired prior to 01.04.2003 and those who retired after
01.04.2003 as 17.5% weightage has been added to
-: 61 :-
pensioners who retired prior to 31.03.2003 and pay
revision weightage has been sanctioned to the pensioners
who retired after 01.04.2003.
16. In order to consider as to whether KPTCL is
right in its endorsement, it is necessary to consider the
Government Orders as well as the orders issued by KPTCL.
The Memorandum of Settlement is dated 25.09.2006.
KPTCL’s order dated 27.09.2006 is with regard to revision
of pay scales and allied matters and Clause XVIII
categorically states that pensionary benefits including
family pension shall be regulated as prevailing in the State
Government from time to time. In the meanwhile the
Government of Karnataka had passed an order on
04.04.2006 wherein 10% interim relief was sanctioned to
retired employees of the State Government. When the
matters stood thus, by virtue of the 5th Pay Commission
revised basic pension/family pension and D.A. allowance
was issued by Government Order dated 06.06.2007 with
regard to all Government Servants who had retired or died
-: 62 :-
while in service prior to 01.07.2005. Clause 2 reads as
follows:
“2. Revised pension and family pension:-
2.1 The revised pension and family pension of
Government servants who have retired or died
while in service prior to 1.7.2005 shall be the
total of the following:
(i) Basic pension/family pension as on
1.7.2005.
(ii) Dearness allowance of 71% as on 1.7.2005
sanctioned in Government Order No.FD
(Spl) 14 PET 2005 dated:15.11.2005
(iii) 17.5% of basic pension/family pension as
on 1.7.2005 inclusive of 10% Interim Relief
sanctioned in Government Order No.FD
(Spl) 01 PEN 2006 dated: 4.4.2006.
(iv) The increase in pension/family pension in
respect of Government servants who retired
prior to 1.1.1982 or died while in service
prior to that date or after retirement,
sanctioned in Government Order No.FD
(Spl) 22 PET 94dated 29.6.1994.”
17. Subsequently, KPTCL issued order dated
31.08.2007 with regard to revised pension of employees
-: 63 :-
who had ceased to be in service on account of retirement or
death while in service or after/prior to 01.04.2003.
“1. Revised pension:
1.1 The revised pension in respect of the employees
retired/retiring on or after 1.4.2003 shall be the
total of the following:
i) Basic pension sanctioned on the revised
basic pay as on the date of his/her
retirement consequent to revision of pay
scales w.e.f. 01.04.2003.
ii) Dearness Allowance of 71% as on 1.7.2005
sanctioned in order
No.KPTCL/B16/3611/2003-04 dated
01.12.2005 (on lines of GO.No. FD(Spl) 14
PET 2005 dated 15.11.2005)”
18. That on a comparative reading of the
Government Order dated 06.06.2007 with the order of the
KPTCL dated 31.08.2007, it is noticed that the Government
Order is with regard to all Government Servants who have
retired or died while in service prior to 01.07.2005, while
the order of the KPTCL is with regard to those who have
retired or died while in service prior to 01.04.2003 i.e.,
-: 64 :-
31.03.2003. As far as those who retired or died while in
service subsequent to 01.04.2003 upto 01.07.2005, the
contention of the pensioners is that basic pension/family
pension as on 01.07.2005 has been paid. Also Dearness
Allowance of 71% as on 01.07.2005 has been sanctioned by
Government Order has been paid. But 17.5% weightage
basic pay or family pension as on 01.07.2005 inclusive of
10% interim relief sanctioned by Government order dated
04.04.2006 has not been paid. The Government Order
dated 06.06.2007 takes into consideration all Government
Servants who have retired or died while in service prior to
01.07.2005. But the order of KPTCL dated 31.08.2007
deals with those employees who retired or died while in
service after 01.04.2003. Between 01.04.2003 and
01.07.2005 there has been no order passed by the KPTCL
extending the Government Order dated 06.06.2007 with
regard to 17.5% increase in basic pay/family pension as on
01.07.2005 inclusive of 10% interim relief sanctioned vide
Government Order dated 04.04.2006. This aspect has been
-: 65 :-
lost sight of by the learned Single Judge in his order dated
23.11.2009.
19. The grievance of the pensioners is that those
pensioners who retired from service on attaining the age of
superannuation after 01.04.2003 are drawing lesser
pension than those who retired from service from KPTCL
prior to 01.04.2003. It is their grievance that weightage of
17.5% on the basic pension sanctioned by the Government
has not been extended to them. As far as this aspect is
concerned, with regard to employees who retired prior to
01.04.2003 i.e., prior to the date on which revision of pay
scales took place, pension was fixed based on the last pay
drawn as on that date plus weightage of 17.5% as
sanctioned by the Government of Karnataka. The
component of Dearness Allowance to the extent of 71% was
also merged with effect from 01.07.2003. Insofar as
employees who were in service on 31.03.2003 i.e., the date
of revision of pay scales and retired subsequent to
01.04.2003 the pension was fixed on the basis of last
drawn pay which included the basic pay in the pre-revised
-: 66 :-
scale plus weightage of 12% sanctioned consequent to
revision of pay scale plus there was mergable Dearness
Allowance of 71%. The distinction is that these employees
who retired prior to 01.04.2003 received weightage of
17.5% on their basic pension, whereas the employees who
retired after 01.04.2003 had received 12% weightage on the
basic pay and therefore, justification is sought to be made
by KPTCL for not granting 17.5% weightage to the pension.
20. The contention of the KPTCL that there is no
discrimination is not sustainable for the following reasons.
Firstly, all the persons who were in service as on the date of
the revision of pay scales i.e., 01.04.2003 were in any case
entitled to the revision of pay scales and their last drawn
pay would then be higher than those who retired prior to
01.04.2003. Those persons who retired after 01.04.2003
would have to receive the pensionary benefits as
determined by the State Government as pensioners. In the
same manner, those pensioners who retired prior to
01.04.2003 were extended the revised pensionary benefits.
It is obvious that those who retired from service prior to
-: 67 :-
01.04.2003 i.e., the date of the revision of pay scales would
be entitled only to revised pensionary benefits and not
revised pay scales. On the other hand, those who are in
service as on 01.04.2003 and retired subsequently would
be entitled to both revised pay scales as well as revised
pensionary benefits. In the absence of granting all
components of pensionary benefits to those who have
retired on or after 01.04.2003, obviously their pensions
would be lesser than those who retired prior to 01.04.2003.
Whereas, on the other hand, the pensionary benefits of
those who retired subsequent to 01.04.2003 has to be
higher than those who retired prior to 01.04.2003 since the
former would have had the benefit of increase in pay scales
and pension is calculated on the basis of last pay drawn
which takes within its scope all increase in pay scales prior
to date of retirement. Therefore, the contention of KPTCL
that there is no discrimination between those who retired
prior to 01.04.2003 and those who retired subsequent to
the said date is not correct.
-: 68 :-
21. Ironically, KPTCL has taken into consideration
the fact that there was revision of pay scales to all the
persons who were in service as on 01.04.2003 and retired
subsequent thereto for the purpose of denying them the
pensionary benefits in terms of the Government Order
dated 06.06.2007. The grant of revision of pay scales to all
persons who were in service as on 01.04.2003 has no
nexus to the determination of their pension in terms of the
Government Order dated 06.06.2007. In this context, the
following observations of a Division Bench of this court in
W.A.Nos.319/2007 and connected matters disposed of on
06.06.2012 are apposite:
“6. Admittedly, the pensioners were getting
weightage based on the percentage fixed by the
State Government to its retired employees for the
purpose of calculation of pension. If the said
percentage is consistently followed by the
respondent-Corporation for fixing the revision of
pension to the retired employees and if for any
reasons there is a variation between in-service
employees of the Corporation and that of the
retired employees, the same cannot be illegal or
unjust because on account of the settlement
-: 69 :-
arrived at between the Union and the respondent
in regard to the in-service employees, if there is
any disparity, the appellants cannot be permitted
to challenge the same. In the circumstances, we
do not see any merits in this appeal.”
22. In fact, in the said case, the retired employees
had filed the writ petitions on the ground that there is a
disparity and discrimination between in-service employees
and retired employees. The writ petitions were dismissed.
While dismissing the writ appeals, the aforesaid
observations were made. From the same, it follows that the
persons who are in service and pensioners are two
categories apart and merely because the persons who were
in service had the benefit at the time of revision of pay
scales of increase in pay scales cannot be denied of the
benefits of pension on retirement.
23. Learned Senior Counsel for the appellants has
relied upon the decision in the case of Barauni Refinery
Pragatisheel Shramik Parishad V/s. Indian Oil
Corporation Ltd. (1991) 1 SCC 4) to contend that the
settlement arrived at in the course of conciliation
-: 70 :-
proceedings with a recognised majority union has extended
application as it will be binding on all workmen of the
establishment, even those who belong to the minority union
which had objected to the same. That in the instant case,
as per the settlement dated 25.09.2006, the pensionary
benefits are regulated by the State Government and
therefore, the pensioners of KPTCL are entitled to pension
in terms of the orders of the State Government.
24. In fact, in D.S.Nakara & others V/s. Union of
India (AIR 1983 SC 130), it has been held that
classification in revised pension formula between
pensioners on the basis of the retirement is arbitrary and
violative of Article 14 of the Constitution. In the said
decision, the Supreme Court placed reliance on Articles 39
(e), 41, 43 (3) of the Directive Principles of State Policy in
the matter of grant of pension to retired employees.
The Apex Court held in the following terms:
(i) that pension is neither a bounty nor a matter of
grace depending upon the sweet will of the
-: 71 :-
employer and that it creates a vested right
subject to Rules which are statutory in character;
(ii) that the pension is not an ex gratia payment
but it is a payment for the past service rendered;
and
(iii) it is a social welfare measure rendering socio-
economic justice to those who in the hey day of
their life ceaselessly toiled for the employer on an
assurance that in their old age they would not be
left in lurch. Its payment is dependent upon an
additional condition of impeccable behaviour even
subsequent to retirement, that is, since the
cessation of the contract of service and that it can
be reduced or withdrawn as a disciplinary
measure.
25. On the other hand, reliance placed on certain
decisions of the Hon’ble Supreme Court by the learned
Senior Counsel for the KPTCL are of no assistance or on the
contrary are in favour of the appellants. In the case of
Krishena Kumar V/s. Union of India (AIR 1990 SC
1782) option given to the Railway employees to switch over
to a pension scheme from a specified cut-off date was held
to be non-discriminatory. In Indian Ex-Services League
V/s. Union of India (AIR 1991 SC 1182) it was held that
-: 72 :-
with regard to pre-01.04.1979 retirees of the Armed Forces,
a claim by them for one rank for one pension was not
tenable.
26. In Union of India V/s. P.N.Menon (AIR 1994
SC 2221) merger of Dearness Allowance with pay for retiral
benefits to those Government Servants who retired on or
before a cut-off date was held to be non-discriminatory.
27. In State of Punjab V/s. S.S.Dewan (AIR 1997
SC 2388), it was held that a High Court Judge who retired
before coming into force of amended Rule 16 of Punjab
Superior Judicial Service Rules, 1963 and opted for fixation
of pension under Part III of the High Court Judges
(Conditions of Service) Act, (28 of 1954) was not entitled to
benefit of addition of ten years of practice at the Bar while
computing qualifying service.
28. In Kasturi V/s. M.D., State Bank of India,
Bombay, (AIR 1999 SC 81), it was held that the benefit of
amended pension scheme would be available to a retiree
depending upon his eligibility or non-eligibility for pension
-: 73 :-
at the time of his retirement and not otherwise. Similarly,
in State of Punjab & others V/s. Boota Singh & another
(2000) 3 SCC 733), it was held that liberalised retiral
benefits introduced after a person’s retirement would not
be applicable as the date of the retirement has to be the
reckoning date.
29. In State of Punjab V/s. J.L.Gupta (AIR 2000
SC 3410, the Hon’ble Supreme Court held that employees
of State of Punjab retiring prior to 31st March 1985 could
not claim under notification dated 09.07.1985 which was
made applicable to those who retired subsequently.
However, in the instant case, the persons who have retired
subsequent to 01.04.2003 have been deprived full
pensionary benefits as opposed to those who had retired
prior to the said date.
30. On the other hand, in State of West Bengal
V/s. West Bengal Government Pensioners Association
(AIR 2002 SC 538) the Hon’ble Supreme Court has
categorically held that when pay scales of State
-: 74 :-
Government employees were revised with effect from
01.01.1986 pension of post 01.01.1986 retirees was re-
calculated accordingly. Pre-01.01.1986 retirees whose
scales were not revised who claimed parity in pension
amount even though the pension formula applied to both
was same. Applying the same to the instant case, all
pensioners who retired post-01.04.2003 would be entitled
to computation of pension on the basis of revised pay
scales received when they were in service and on the basis
of the last pay drawn as compared to those who were not in
service as on the said date.
31. In State of Punjab V/s. Amar Nath Goyal (AIR
2006 SC 171), the Hon’ble Supreme Court upheld the
policy decision by Central Government/State governments
to limit benefits only to employees, who retired or died on
or after particular cut-off date.
32. In State of Bihar & others V/s. Bihar
Pensioners Samaj (AIR 2006 SC 2100), fixation of the
cut-off date with regard to revised pensionary benefit was
-: 75 :-
held to be not in violation of Article 14 of the Constitution.
To the same effect is the decision in Government of
Andhra Pradesh V/s. N.Subbarayadu & others (2008
(14) SCC 702. However, the aforesaid two decisions are of
Smaller Benches of the Hon’ble Supreme Court as
compared to the Larger Bench decision in Nakara’s case.
The aforesaid two decisions have tried to distinguish the
dictum in Nakara’s case, but reliance placed on the said
decisions in the context of the factual matrix, which arises
in these cases, would not be of any assistance to the
respondent-KPTCL.
33. Therefore, what emerges is that a Settlement
made with employees’ union is binding on the management
and in the instant case, when in terms of Clause XVIII of
the Settlement dated 25.09.2006, it is stated that
pensionary benefits including family pension shall be
regulated as prevailing in the State Government from time
to time, the same must be made fully applicable to those
employees who retired from 01.04.2003 onwards
particularly those who retired between 01.04.2003 and
-: 76 :-
01.07.2005 *. The orders of the learned Single Judges,
therefore, call for interference in these writ appeals. The
said orders are set aside. The writ appeals are allowed.
The endorsement dated 23.09.2009 is quashed. The
respondents are directed to extend a revised
pension/family pension to the appellants and all persons
similarly situated in terms of the State Government Order
dated 06.06.2007. No costs
Sd/- CHIEF JUSTICE
Sd/- JUDGE
S* Index: Y/N
* Corrected V.C.O. dated 23.11.2012