BENGALURU: The Karnataka High Court directed Hubballi Electricity Supply Company Limited (Hescom) to settle pension and pay all terminal benefits to AH Makandar, a retired junior engineer, on his superannuation, with effect from May 31, 2013, along with 6% interest.
“The petition deserves to succeed with a direction that all terminal benefits the petitioner is entitled to shall be released without any loss of time, including the cost of litigation and payment of interest for withholding terminal benefits, failing which the petitioner who has been left bleeding would never see the wound healing,” the court observed.
Makandar, aged 71, moved the HC, questioning failure to settle terminal benefits by Hescom, which ordered him to pay Rs 86.52 lakh for the loss caused due to faulty transformers, and passing orders to recover the same without holding an inquiry during his service and post retirement.
Directing Hescom to pay Rs 1 lakh cost to Makandar while allowing the petition filed by him, Justice M Nagaprasanna said what shocks the conscience of the court is that Hescom has behaved as if it is the personal fiefdom of the officers, who appear to have forgotten that rules and regulations are to be followed before imposing any penalty on the petitioner.
The court further said the petitioner, who was a regularly appointed employee, is treated as a chattel and penalty after penalty is imposed for recovery of amounts, initially from his salary and the latest from his pension.
Also, all recoveries are made pursuant to the order dated July 29, 2021, passed by the Superintendent Engineer (Electricity) and order dated Oct 16, 2017, passed by the Chief Engineer (Electricity) of Hescom, were quashed by the court.
The court noted that pension was not paid even after 11 years, on account of recoveries against the petitioner, all of which were ordered in blatant violation of principles of natural justice. The glaring illegalities are that recovery was initially ordered in the year 2008 for the alleged loss of 69 faulty transformers, the court added.