Writ Petition No. 1882 of 2024 · The High Court
Case Details
- 1 - NC: 2025:KHC:20537 WP No. 1882 of 2024 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO.1882 OF 2024 (S-RES) BETWEEN: SRI CHIKKANARAYANAPPA S/O SRI GANGAPPA A.K. AGED ABOUT 62 YEARS, RESIDING AT NO.103, K.H.B. QUARTERS, ‘B’ BLOCK, OPP. VIJAYANAGARA CLUB, VIJAYANAGAR, BANGALORE-560 040. …PETITIONER (BY SRI M.P. SRIKANTH, ADVOCATE) AND: Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA 1. THE GENERAL SECRETARY, KARNATAKA PEOPLE’S EDUCATION, SOCIETY, DARGA ROAD, GULBARGA - 585 601. 2. THE DIRECTOR, PRE-UNIVERSITY EDUCATION DEPARTMENT, PALACE ROAD, BANGALORE-560 001. 3. THE DEPUTY DIRECTOR, PRE-UNIVERSITY EDUCATION DEPARTMENT, BANGALORE NORTH DISTRICT, 18TH CROSS, SAMPIGE ROAD, - 2 - NC: 2025:KHC:20537 WP No. 1882 of 2024 HC-KAR MALLESHWARAM, BANGALORE-560 003. 4. THE PRINCIPAL SECRETARY TO THE GOVERNMENT, DEPARTMENT OF LAW AND JUSTICE, VIDHANA SOUDHA, VIDHANA VEEDHI, BANGALORE-560 001. …RESPONDENTS
Legal Reasoning
(BY SRI B.J. ESHWARAPPA, AGA FOR R-2 TO 4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO PAY THE PETITIONER SALARY FOR THE PERIOD FROM 03/10/2017, THE DATE OF THE ORDER OF THE EDUCATIONAL APPELLATE TRIBUNAL ON APPEAL NO.MA (EAT) NO.30/2004 ANNEXURE-F WHILE CONSIDERING THE REPRESENTATION MADE BY THE PETITIONER DATED 04/09/2023, 04/10/2023 AND 13/10/2023 TO THE PRINCIPAL OF THE RESPONDENT INSTITUTION, THE DEPUTY DIRECTOR OF THE PRE-UNIVERSITY DEPARTMENT AND THE DEPUTY DIRECTOR WITH A COPY BEING MARKED TO THE OTHER RESPONDENTS VIDE ANNEXURES-X, Y AND Z AND ETC. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD - 3 - NC: 2025:KHC:20537 WP No. 1882 of 2024 HC-KAR ORAL ORDER In this writ petition, the petitioner has sought for the following reliefs: “a) Direct the Respondents to pay the Petitioner salary for the period from 03.10.2017, the date of the order of the Educational Appellate Tribunal on Appeal No.MA (EAT) No.30/2004 Annexure-F while considering the Representation made by the Petitioner dated 04.09.2023, 04.10.2023 and 13.10.2023 to the Principal of the Respondent Institution, the Deputy Director of the Pre-University Department and the Deputy Director with a copy being marked to the other Respondents vide ANNEXURES-X, Y and Z. b) Direct the Respondents to pay the Petitioner the Earned Leave Encashment due to the Petitioner as sought vide Representation dated 04.09.2023, 04.10.2023 and 13.10.2023 to the principal of the Respondent Institution, the Deputy Director of the Pre-University Department and the Deputy Director with a copy being marked to the other Respondents vide Annexures-X, Y and Z. c) Further direct the Respondents to pay the Petitioner interest of 18% P.A. on the delayed - 4 - NC: 2025:KHC:20537 WP No. 1882 of 2024 HC-KAR payment of pension, other benefits as paid to the Petitioner in terms of the Pension Payment Order dated 14.07.2023 of the office of the Accountant General, Karnataka. d) Also direct payment of interest at the rate of 18% P.A. in pursuance of granting of prayers (a) and (b). e) Pass any such order of consequential relief or any other appropriate order or direction as this Hon’ble Court deems fit in the facts and circumstances of the case in the ends of justice and equity.” 2. The petitioner was appointed as a Lecturer in Nalanda National Pre-University College in the year 1987. Later, he was promoted as the Principal in the year 1994. Thereafter, departmental enquiry was initiated and the petitioner has been kept under suspension by order dated 25.03.2000. Thereafter, the enquiry has been conducted and penalty of compulsory retirement was imposed. Being aggrieved by the same, the petitioner has approached the Educational Appellate Tribunal in MA (EAT) No.30/2004. The Educational Appellate Tribunal, by order dated - 5 - NC: 2025:KHC:20537 WP No. 1882 of 2024 HC-KAR 03.10.2017 allowed the appeal in part and set aside the impugned order of compulsory retirement. The appellant was ordered to be reinstated with immediate effect without service and financial benefits. 3. Being aggrieved by the same, the petitioner has challenged the part of the order of the Appellate Tribunal in WP No.54889/2017 before this Court. The management has also filed WP No.51973/2017 before this Court. Both
Decision
writ petitions have been clubbed and disposed of by order dated 28.02.2022. The operative portion of the order reads as under: “i) Both the writ petitions are allowed in part. ii) The first respondent shall not be entitled for any backwages. iii) However, the period of suspension shall be counted in favour of the first respondent for the sake of service and pensionary benefits. iv) Similarly, the period between 10.07.2002 and 03.10.2017, shall be counted in favour of the - 6 - NC: 2025:KHC:20537 WP No. 1882 of 2024 HC-KAR first respondent only for the sake of continuity of service and fixation of pension. v) It is made clear that the first respondent shall not be entitled for any salary or backwages during the entire period. vi) The subsequent period after reinstatement of the first respondent, even though as a Lecturer and thereafter as a Principal, the entire period shall be counted as the first respondent working as the Principal of the Institution, for the purpose of service and pensionary benefits.” 4. Thereafter, the petitioner has submitted the representation for re-fixing his pension, arrears of salary and continuity of service. Thereafter, the Director- respondent No.2 has passed an order vide Annexure-T dated 23.01.2023. Since the petitioner’s request for payment of salary from 03.10.2017 till the date of superannuation, earned leave encashment and other claims have not been considered by the authority as per the order passed by this Court in WP Nos.54889/2017 and 51973/2017, the petitioner has submitted representations - 7 - NC: 2025:KHC:20537 WP No. 1882 of 2024 HC-KAR at Annexures-X, Y and Z dated 04.09.2023, 04.10.2023 and 13.10.2023 respectively. So far no order has been passed on the said representations, hence, the petitioner is before this Court. 5. Learned Government Advocate appearing for the State submits that if reasonable time is granted by the Court, the representations submitted by the petitioner will be considered. 6. The submission is placed on record. 7. In view of the above, this Court pass the following: ORDER i. ii. The writ petition is disposed of. Respondent No.2 is directed to consider the representations submitted by the petitioner vide Annexures-X and Y and Z dated 04.09.2023, 04.10.2023 and 13.10.2023, respectively, keeping in view the order passed by this Court in WP - 8 - NC: 2025:KHC:20537 WP No. 1882 of 2024 HC-KAR No.54889/2017 and 51973/2017 disposed of on 28.02.2022, as expeditiously as possible, not later than three months from the date of receipt of copy of this order. Sd/- (H.T. NARENDRA PRASAD) JUDGE MBM List No.: 1 Sl No.: 38