PRESENT THE HON'BLE MR. N v. ANJARIA, CHIEF JUSTICE AND THE HON'BLE
Case Details
- 1 - NC: 2025:KHC:12467-DB WA No. 57 of 2024 C/W CCC No. 361 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MR. N. V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT APPEAL No. 57 OF 2024 (S-RES) C/W CIVIL CONTEMPT PETITION No. 361 OF 2024 IN WA No. 57/2024 BETWEEN: 1. SRI. KALABYRAVESHWARA VIDYA SAMSTHE, SRI RAMPURA, TURUVEKERE TALUK, TUMAKURU DISTRICT-572218, REP. BY ITS SECRETARY. …APPELLANT
Legal Reasoning
Having considered the submissions of the learned advocates for the parties, it is evident that the petitioner was appointed on 03.02.2010. On 15.06.2011, the Institution resolved to recommend his name for the approval of his appointment, along with nine other persons. Annexure-E, dated 22.04.2013, indicates that the petitioner was deputed on election duty while working as an Assistant Teacher in the Institution. Further, Annexure-G, the resolution passed by the Institution dated 15.08.2013, includes the name of the petitioner. The Three Members Screening Committee recommended grant-in-aid to the Institution on 07.06.2014, which also included the petitioner’s name. Annexure-M, the Service Certificate issued by the Institution, clearly shows that the petitioner served in the Institution from 03.02.2010 to 03.07.2015. The contention of the Institution that the petitioner voluntarily resigned from service on 01.06.2012 is incorrect. Had the petitioner resigned voluntarily on 01.06.2012, as contended, he would not have been - 8 - NC: 2025:KHC:12467-DB WA No. 57 of 2024 C/W CCC No. 361 of 2024 deputed on election duty in 2013. Furthermore, his name would not have been included in the resolution dated 15.08.2013, nor in the recommendation made by the Three Members Screening Committee on 07.06.2014. The Service Certificate itself is a document issued by the Institution, which further supports the claim of the petitioner. Having considered these aspects, the learned Single Judge was justified in directing the Deputy Director of Public Instructions to include the name of the petitioner for the grant, as recommended by the Three Members Screening Committee. No infirmity has been pointed out in the order of the learned Single Judge that warrants interference by this Court. 7. Learned Advocate for the appellant-Institution has further submitted that the salary grant was denied to the petitioner based on his voluntary resignation submitted on 01.06.2012. Except for this reason, there were no other grounds for denying the salary grant to the petitioner. The stand taken by the Institution was bona fide and without any mala fide intentions. Accordingly, he submits that the imposition of a cost of Rs. 50,000/- is unwarranted and prays for its deletion. - 9 - NC: 2025:KHC:12467-DB WA No. 57 of 2024 C/W CCC No. 361 of 2024 8. Considering the factual aspects and the overall circumstances in the matter, this Court is inclined to waive the costs as imposed by the learned Single Judge. Accordingly, the following order is passed:
Arguments
(BY SRI R. SUBRAMANYA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY THE PRINCIPAL SECRETARY, PRIMARY AND HIGH SCHOOL EDUCATION, DEPARTMENT OF EDUCATION, M. S. BUILDING, BENGALURU 560001. 2. THE COMMISSIONER, DEPARTMENT OF PUBLIC INSTRUCTION (PRIMARY AND SECONDARY EDUCATION) NRUPATHUNGA ROAD, BENGALURU 560001. Digitally signed by VALLI MARIMUTHU Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:12467-DB WA No. 57 of 2024 C/W CCC No. 361 of 2024 3. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS TUMAKURU DISTRICT, TUMAKURU 572218. 4. THE BLOCK EDUCATION OFFICER, OFFICE OF EDUCATION OFFICER, TURUVEKERE-572201. 5. SRI RAVIPRASAD N. R., AGE MAJOR, TEACHER IN MATHEMATICS, SRI KALABYRAVESHWARA RURAL HIGHER SCHOOL, D. KALKERI, TURUVEKERE TALUK, TUMAKURU DISTRICT 572218. 6. SRI. NANDISH. K., S/O. KOTTURAPPA, AGED ABOUT 41 YEARS, RESIDING AT KENKERE POST, HULIYAR HOBLI, CHIKKANAYAKANAHALLI TALUK, TUMAKURU DISTRICT-572218. …RESPONDENTS (BY SRI K.S. HARISH, GOVERNMENT ADVOCATE FOR R1 TO R4) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED BY THE LEARNED SINGLE JUDGE IN WP No. 43435/2019 DATED 5.12.2023 AND ALLOW THIS APPEAL IN THE INTEREST OF JUSTICE AND EQUITY. IN CCC No. 361/2024 BETWEEN: 1. SRI NANDISH K., S/O KOTTURAPPA, AGED ABOUT 42 YEARS, RESIDING AT KENKERE POST, HULIYUR HOBLI, - 3 - NC: 2025:KHC:12467-DB WA No. 57 of 2024 C/W CCC No. 361 of 2024 CHIKKANAYAKANA HALLI TALUK, TUMAKURU DISTRICT-572218. ...COMPLAINANT (BY SRI C. SHUBHANKAR, ADVOCATE FOR SRI CHANDRAKANTH R. GOULAY, ADVOCATE) AND: 1. SRI RANGADHAMAIAH, DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS, TUMKUR DISTRICT, TUMKUR -572218. 2. SMT. SAVITRAMMA, SECRETARY, SRI KALABYRAVESHWARA VIDYA SAMSTHE (R), SRIRAMAURA, TURUVEKERE TALUK, TUMKUR DISTRICT -572218. 3. STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF PRIMARY AND SECONDARY EDUCATION, M. S. BUILDING, BENGALURU-560001. ...ACCUSED (BY SRI NAVEEN CHANDRASHEKAR, AGA FOR R1 & R3; SRI S.S. PARIKSHIT, ADVOCATE FOR R2) THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, R/W ARTICLE 215 OF THE CONSTITUTION OF INDIA AND RULE 5 OF HIGH COURT OF KARNATAKA (CONTEMPT OF COURT PROCEEDINGS) RULES, 1972, BY THE COMPLAINANT PRAYING TO INITIATE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED FOR DELIBERATE AND INTENTIONAL DISOBEDIENCE OF THE ORDER DATED 05.12.2023 OF THIS HON'BLE COURT MADE IN WP No.43435/2019 AS PER ANNEXURE - A, AND TO PASS APPROPRIATE SUITABLE ORDERS. THIS APPEAL AND CCC COMING ON FOR PRELIMINARY HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 4 - NC: 2025:KHC:12467-DB WA No. 57 of 2024 C/W CCC No. 361 of 2024 CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE K. V. ARAVIND ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE K.V. ARAVIND) Heard learned advocate Mr. R. Subramanya for the appellant and learned Government Advocate Mr. K.S. Harish for respondent Nos.1 to 4 in Writ Appeal No.57 of 2024; and learned advocate for Mr. C. Shubhankar for learned advocate Mr. Chandrakanth R. Goulay for the complainant, learned Additional Government Advocate Mr. Naveen Chandrashekar for respondent Nos.1 and 3 and learned advocate Mr. S.S. Parikshit for respondent No.2 in CCC No.361 of 2024. 2. It is the case of the petitioner/respondent No. 6 that he was appointed on 03.02.2010, as per appointment order at Annexure-A. The name of the petitioner was recommended by respondent No. 5/appellant-Institution for approval of appointment on 15.06.2011. While the petitioner was working as an Assistant Teacher, in 2013, he was assigned election duty through respondent No. 5-Institution. A resolution dated 15.08.2013 was passed by respondent No. 5- Institution proposing to seek grant-in-aid from the Government, in - 5 - NC: 2025:KHC:12467-DB WA No. 57 of 2024 C/W CCC No. 361 of 2024 which the petitioner's name was included. The Three Members Screening Committee scrutinized the application of respondent No. 5-Institution and recommended the grant-in-aid to the Institution, which included the name of the petitioner. The Deputy Director of Public Instructions approved the appointment of ten employees by order dated 10.06.2014, which granted the petitioner eligibility for the grant. Respondent No. 5-Institution issued a Service Certificate dated 03.07.2015 to the petitioner for his service rendered from 03.02.2010 to 03.07.2015. These dates are relevant in considering the case of respondent No. 5-Institution that the petitioner had voluntarily resigned from service on 01.06.2012. 3. The learned Single Judge rejected the contention of respondent No. 5-Institution that the petitioner was not entitled to the grant in view of his voluntary resignation from service on 01.06.2012. The learned Single Judge directed to include name of the petitioner for the grant, as recommended by the Three Members Screening Committee. Further, the learned Single Judge imposed a cost of Rs. 50,000/- on respondent No. 5-Institution, to be payable to the petitioner. - 6 - NC: 2025:KHC:12467-DB WA No. 57 of 2024 C/W CCC No. 361 of 2024 4. Learned Advocate Mr. R. Subramanya, appearing for respondent No. 5/appellant-Institution, submits that the petitioner voluntarily retired on 01.06.2012. In view of his retirement from service with the appellant-Institution, the petitioner is not entitled to the grant. It is further submitted that, although the learned Single Judge directed the inclusion of the petitioner for the grant, the direction should have also been issued to respondent Nos. 1 to 4 to pay all the benefits. Additionally, it is submitted that the imposition of cost was unwarranted. Further, the observations made regarding the conduct of the Institution were unnecessary. The stand taken by the Institution was based on the resignation submitted by the petitioner on 01.06.2012. 5. Learned Advocate appearing for respondent No. 6/petitioner submits that the petitioner joined service on 03.02.2010 and did not submit his resignation on 01.06.2012, as contended by the Institution. The Institution issued a Service Certificate to the petitioner, certifying his service from 03.02.2010 to 03.07.2015. It is further submitted that the Three Member Screening Committee scrutinized the application of the Institution and recommended grant-in-aid to the Institution by order dated 07.06.2014, wherein - 7 - NC: 2025:KHC:12467-DB WA No. 57 of 2024 C/W CCC No. 361 of 2024 the name of the petitioner was included. The petitioner was in service as of the date of the recommendation for the grant-in-aid, and as such, is entitled to the salary grant, as directed by the learned Single Judge. 6.
Decision
Order (i) Writ Appeal is dismissed. (ii) Cost of Rs.50,000/- as imposed by learned Single Judge is deleted. (iii) The appellant-Institution is directed to comply the directions of learned Single Judge within eight weeks from today. (iv) No order as to costs. 9. In view of the order passed in Writ Appeal No. 57 of 2024, the contempt proceedings in CCC No. 361 of 2024 do not survive for consideration and are accordingly disposed as not surviving for the time being. Sd/- (N. V. ANJARIA) CHIEF JUSTICE Sd/- (K. V. ARAVIND) JUDGE MV/List No.: 1 Sl No.: 16