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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)

-: 36 :-

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