Karnataka High Court
Sri S Ningaiah vs Smt Rashmi Mahesh I A S on 25 March, 2024
Bench: Chief Justice, Krishna S Dixit
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NC: 2024:KHC:12152-DB
CCC No. 121 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF MARCH, 2024
PRESENT
THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE KRISHNA S DIXIT
CIVIL CONTEMPT PETITION NO. 121 OF 2023
BETWEEN:
SRI. S. NINGAIAH,
S/O LATE SHAMBAIAH,
AGED ABOUT 70 YEARS,
RETIRED LECTURER,
R/A NO.2, SHMBHUNIDHI FARM HOUSE,
SREERANGARAJAPURA,
VYASARAJAPURA POST,
SOSALE HOBLI,
T. NARASIPURA TALUK,
MYSURU DISTRICT-571 120.
...COMPLAINANT
Digitally signed
by CHETAN B
C (BY SRI. H J ANANDA.,ADVOCATE)
Location: HIGH
COURT OF AND:
KARNATAKA
1. SMT. RASHMI MAHESH, I A S,
MAJOR,
THE PRINCIPAL SECRETARY
TO THE GOVERNMENT,
PRIMARY AND SECONDARY
EDUCATION DEPARTMENT,
M.S. BUILDING,
DR. AMBEDKAR ROAD,
BENGALURU-560 001.
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CCC No. 121 of 2023
2. SRI. RAMACHANDRAN R IAS,
MAJOR,
THE DIRECTOR OF PRE-UNIVERSITY
EDUCATION DEPARTMENT,
18TH CROSS, MALLESHWARAM,
BENGALURU-560 012.
3. SRI. KARISIDDAPPA, MAJOR,
THE DEPUTY DIRECTOR,
PRE-UNIVERSITY AND
VOCATIONAL TRAINING DEPARTMENT,
GADAG DISTRICT, GADAG-582 114.
...ACCUSED
4. THE STATE OF KARNATAKA,
REPRESENTED BY ITS
PRINCIPAL SECRETARY,
PRIMARY AND HIGHER
EDUCATION DEPARTMENT,
MS BUILDING, DR.AMBEDKAR ROAD,
BENGALURU - 560 001.
...PROFORMA RESPONDENT
(BY SRI.S S MAHENDRA., G.A.,)
THIS CCC IS FILED SECTIONS 11 AND 12 OF THE
CONTEMPT OF COURTS ACT, 1971 PRAYING TO INITIATE
CONTEMPT PROCEEDINGS AGAINST THE ACCUSED NO.1 TO 3
FOR HAVING DISOBEYED THE ORDER OF THIS HON'BLE COURT
IN WP NO.19728/2021 (S-RES) DATED 30.6.2022 AND PUNISH THEM
IN ACCORDANCE WITH LAW FOR HAVING WILLFULLY DISOBEYED
THE ORDER OF THIS HON'BLE COURT.
THIS CCC COMING ON FOR ORDERS, THIS DAY, CHIEF
JUSTICE MADE THE FOLLOWING:
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CCC No. 121 of 2023
ORDER
In this contempt proceedings, the directions regarding granting of financial benefits to the complainant are sought to be complied with. The issue was relating to grant of five stagnation increments which would count during the past pre-aid service of the complainant.
2. In course of the hearing, it was stated that a substantive petition is filed wherein a challenge is laid to Act No.7 of 2014 which takes away the entitlement of the employee to get counted the services for pre-aid period. There is no gainsaying that the obligation on part of the authorities to comply with the directions in this petition would depend upon the outcome of the aforesaid mentioned proceedings where the legislation is challenged.
3. In that view, at this stage, it is difficult to hold that there is any willful contempt committed on the part of the authorities in not complying with the directions. Presently contempt proceedings are required to be closed.
4. It is observed that the respondents shall abide by the outcome of the Division Bench judgment in writ appeal No.2476 of 2015 as well as writ appeal No.2467 of 2015. -4-
NC: 2024:KHC:12152-DB CCC No. 121 of 2023
5. With the aforesaid observations and reserving liberty for the complainant to revive the contempt proceedings in case of necessity, the present proceedings are not entertained at this stage.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE cbc List No.: 1 Sl No.: 30