Karnataka High Court
Prof K.S. Saiprabha vs Dr Ajay Nagabhushan M N,, I.A.S., on 28 November, 2017
Bench: B.S.Patil, Aravind Kumar
CCC.No.1159/2017
1 & CCC.Nos.1189-1205/2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF NOVEMBER, 2017
PRESENT
THE HON'BLE MR.JUSTICE B.S.PATIL
&
THE HON'BLE MR.JUSTICE ARAVIND KUMAR
CCC No.1159/2017
& CCC.Nos.1189-1205/2017 (CIVIL)
BETWEEN
1. PROF. K.S. SAIPRABHA
WIFE OF LATE ASHWATHAIAH
AGED ABOUT 60 YEARS
RETD.ASSOCIATE PROFESSOR,
SRI ADICHUNCHANAGIR FIRST GRADE COLLEGE
T.B.BADAVANE,
NAGAMANGALA-571432,
MANDYA DISTRICT
R/AT SUNDARAM, NEAR LAND ARMY,
VIDYANAGAR, HASSAN-573201.
2. PROF. N.RAMU
SON OF NARASEGOWDA
AGED ABOUT 60 YEARS
RETD.ASSOCIATE PROFESSOR AND PRINCIPAL
SRI ADICHUNCHANAGIRI FIRST GRADE COLLEGE
T B BADAVANE
NAGAMANGALA
MANDYA DISTRICT
R/AT NO.3318, KALYANI,
7TH MAIN, H BLOCK, DATTAGALLI 3RD STAGE,
KANAKADASANAGAR, MYSURU-570022
3. DR.B.K.LOKESHA
SON OF THE LATE J P KRISHNEGOWDA
AGED ABOUT 55 YEARS
ASSOCIATE PROFESSOR AND PRINCIPAL
SRI ADICHUNCHANAGIRI FIRST GRADE COLLEGE
T B BADAVANE
CCC.No.1159/2017
2 & CCC.Nos.1189-1205/2017
NAGAMANGALA-571 432,
MANDYA DISTRICT.
4. Dr S.D.YOGARAJ
SON OF THE LATE DASARAJU
AGED ABOUT 61 YEARS
RETD. ASSOCIATE PROFESSOR
SRI ADICHUNCHANAGIRI FIRST GRADE COLLEGE
T B BADAVANE
NAGAMANGALA
MANDYA DISTRICT
R/AT CH-31, 4TH CROSS, K.R.VANAM,
MYSURU-570 008.
5. PROF. BYRE GOWDA
SON OF KALE GOWDA
AGED ABOUT 58 YEARS
ASSOCIATE PROFESSOR
SRI ADICHUNCHANAGIRI FIRST GRADE COLLEGE
T B BADAVANE
NAGAMANGALA-571432
MANDYA DISTRICT.
6. PROF. A.R.PUTTARAJU
SON OF K.RANGAPPA
AGED ABOUT 61 YEARS
RETD.ASSOCIATE PROFESSOR
SRI ADICHUNCHANAGIRI FIRST GRADE COLLEGE
T B BADAVANE
NAGAMANGALA-571432
MANDYA DISTRICT
R/AT NO.177, 4TH CROSS, B.G.THILAK NAGAR,
GAYATHRI EXTENSION,
CHANNARAYAPATNA-573116
HASSAN DISTRICT
7. PROF.N.ESWARAPPA
SON OF N BORAIAH
AGED ABOUT 61 YEARS
RETD ASSOCIATE PROFESSOR
SRI ADICHUNCHANAGIRI FIRST GRADE COLLEGE
T B BADAVANE
NAGAMANGALA-571432
MANDYA DISTRICT,
R/AT DODDAULLARTHY POST, CHALLAKERE TALUK
CHITRADURGA DISTRICT
CCC.No.1159/2017
3 & CCC.Nos.1189-1205/2017
8. PROF. RAJENDRA
SON OF LATE NARAYANA
AGED ABOUT 57 YEARS
ASSOCIATE PROFESSOR
SRI ADICHUNCHANAGIRI FIRST GRADE COLLEGE
T B BADAVANE
NAGAMANGALA-571432
MANDYA DISTRICT.
9. PROF. K.KUMAR
SON OF KENCHE GOWDA
AGED ABOUT 61 YEARS
RETD ASSOCIATE PROFESSOR
SRI ADICHUNCHANAGIRI FIRST GRADE COLLEGE
T B BADAVANE
NAGAMANGALA-571432
MANDYA DISTRICT,
R/AT NO.367, VIJAYA NIVASA,
BEHIND COURT, B.M.ROAD,
CHANNARAYAPATNA-573116
HASSAN DISTRICT.
10. PROF. C.DEVE GOWDA
SON OF LATE B CHIKKE GOWDA
AGED ABOUT 66 YEARS
RETIRED ASSOCIATE PROFESSOR
SRI ADICHUNCHANAGIRI FIRST GRADE COLLEGE
T.B.BADAVANE, NAGAMANGALA-571432
MANDYA DISTRICT
R/AT LAXMIDEVI BADAVANE,
KIKKERI-571423, K.R.PET TALUK
MANDYA DISTRICT.
11. PROF T.HANUMAIAH
SON OF LATE HANUMAIAH
AGED ABOUT 62 YEARS
RETIRED ASSOCIATE PROFESSOR
SRI ADICHUNCHANAGIRI FIRST GRADE COLLEGE,
T.B.BADAVANE, NAGAMANGALA-571432
RESIDING AT DOOR NO 277, TRUPTI NILAYA,
CANAL ROAD CAUVERY NAGAR
MANDYA - 571401
12. PROF. K.SRIDHARA
SON OF LATE RAMANUJA IYENGAR
AGED ABOUT 66 YEARS
RETIRED ASSOCIATE PROFESSOR
CCC.No.1159/2017
4 & CCC.Nos.1189-1205/2017
SRI ADICHUNCHANAGIRI FIRST GRADE COLLEGE,
T.B.BADAVANE, NAGAMANGALA-571432
MANDYA DISTRICT,
R/AT MAYASANDRA
TURUVEKERE TALUK
TUMKUR DISTRICT - 572221.
13. PROF K.M.SWAMY GOWDA
SON OF LATE MARIANKE GOWDA
AGED ABOUT 63 YEARS
RETIRED ASSOCIATE PROFFESSOR
SRI ADICHUNCHANAGIRI FIRST GRADE COLLEGE,
T.B.BADAVANE, NAGAMANGALA-571432,
MANDYA DISTRICT
R/AT NO 19, 25TH BLOCK, ADITHYA CIRCLE,
SOMANATHA NAGARA,
DATTAGALLI 3RD STAGE,
MYSURU-570 022.
14. PROF. CHIKKA KEMPE GOWDA
SON OF MARI GOWDA
AGED ABOUT 64 YEARS
RETIRED ASSOCIATE PROFFESSOR
SRI ADICHUNCHANAGIRI FIRST GRADE COLLEGE,
T.B.BADAVANE, NAGAMANGALA-571432,
MANDYA DISTRICT.
R/AT DOOR NO 26 BLOCK NO 11
ADI SHAKTHI ROAD
4TH MAIN 7TH CROSS
SHAKTINAGAR, MYSORE - 570019.
15. PROF. K.PUTTARANGAPPA
SON OF DODARANGAIAH
AGED ABOUT 63 YEARS
RETIRED ASSOCIATE PROFFESSOR
SRI ADICHUNCHANAGIRI FIRST GRADE COLLEGE,
T.B. BADAVANE, NAGAMANGALA-571432
MANDYA DISTRICT
R/AT DOOR NO 1, OPP.TO GOVERNMENT PRIMARY SCHOOL
SBM ROAD, GANDHINAGAR,
TURUVEKERE - 572227
TUMKUR DISTRICT.
16. PROF. D.B.MANJE GOWDA
SON OF D BOREGOWDA
AGED ABOUT 62 YEARS
RETIRED ASSOCIATE PROFFESSOR
CCC.No.1159/2017
5 & CCC.Nos.1189-1205/2017
SRI ADICHUNCHANAGIRI FIRST GRADE COLLEGE,
T.B.BADAVANE, NAGAMANGALA-571432
MANDYA DISTRICT
R/AT SARASWATHIPURM, 1ST MAIN, 1ST CROSS,
TURUVEKERE TALUK,
TUMAKURU DISTRICT.
17. PROF H.M.KUMARASWAMY
SON OF H.K.MALLEGOWDA
AGED ABOUT 68 YEARS
RETIRED ASSOCIATE PROFFESSOR
SRI. ADICHUNCHANAGIRI FIRST GRADE COLLEGE,
CHANNARAYAPATNA-573116
HASSAN DISTRICT
R/AT NO.17, GANESHA NILAYA,
8TH BLOCK, JSS LAYOUT,
DR. RAJKUMAR ROAD, MYSURU.
18. PROF. PAPE GOWDA K.S.,
SON OF SIDDEGOWDA
AGED ABOUT 68 YEARS
RETIRED ASSOCIATE PROFFESSOR
SRI. ADICHUNCHANAGIRI FIRST GRADE COLLEGE,
CHANNARAYAPATNA-573116
HASSAN DISTRICT
R/AT DOOR NO 177
GRAMA BHARATI INSTITUTIONS
MUTHURAYASWAMY BADAVANE
KRISHNARAJAPETE (RURAL)
KRISHNARAJAPETE-571426
MANDYA DISTRICT KARNATAKA - 571426. ... COMPLAINANTS
(By Sri MURALIDHAR K.B., ADV.)
AND
1. DR. AJAY NAGABHUSHAN M.N., I.A.S.,
DIRECTOR OF COLLEGIATE EDUCATION,
GOVERNMENT OF KARNATAKA,
SHESHADRI ROAD,
BENGALURU-560 001.
2. SRI UMANATHA M.K.,
JOINT DIRECTOR OF COLLEGIATE EDUCATION,
MYSURU-HUNSUR ROAD,
CCC.No.1159/2017
6 & CCC.Nos.1189-1205/2017
MAHARANI COLLEGE CAMPUS,
MYSURU-570 001. ... ACCUSED
(By Sri D.NAGARAJ, AGA)
THESE CCCs ARE FILED UNDER SECTION 11 & 12 OF THE
CONTEMPT OF COURTS ACT, 1971, AND THE CONTEMPT OF
COURTS ACT, 1971 AND THE CONTEMPT OF COURT
PROCEEDINGS RULES, 1981 R/W ARTICLE 215 OF THE
CONSTITUTION OF INDIA, PRAYING THAT THE HON'BLE HIGH
COURT BE PLEASED TO INITIATE CONTEMPT PROCEEDINGS
AGAINST THE ACCUSED/RESPONDENTS FOR DELIBERATE
DISOBEDIENCE OF THE ORDER PASSED BY THIS HON'BLE COURT
ON 27.04.2016 IN W.P.NO.40747-40781/2015 (S-RES).
THESE CCCs COMING ON FOR ORDERS THIS DAY,
B.S.PATIL, J., MADE THE FOLLOWING:
ORDER
1. These contempt petitions are filed alleging violation of the direction issued on 27.04.2016 in W.P.Nos.40747-40781/2015. Grievance made by the complainants is that arrears of pay and allowances as directed by this Court in the aforementioned writ petitions have not been fully discharged.
2. Present Director of Collegiate Education, Bengaluru has filed an affidavit dated 27.11.2017 stating inter alia that due to CCC.No.1159/2017 7 & CCC.Nos.1189-1205/2017 non-availability of funds, entire arrears payable to the complainants could not be discharged and steps have been taken in respect of similarly placed teachers to pay off the dues as expeditiously as possible. It is also stated in the affidavit that remaining arrears would be paid to the complainants within a period of three months along with interest.
3. It is seen from the order passed by this Court that if arrears payable to the complainants was not paid within three months from the date of receipt of copy of the order, writ petitioners would be entitled to interest at 8% p.a. In this background, learned Additional Government Advocate, on instructions, submits that the direction issued by this Court will be strictly complied with by paying arrears along with interest within a period of three months from today.
4. On perusal of the affidavit and upon hearing the learned counsel for both parties, we find that delay in complying with the direction is on account of bonafide reasons. As sincere efforts have been made by the State Government to pay the dues, we are of the view that three months time deserves to be granted making it clear that if the entire arrears along with interest are not paid within a period of three months from CCC.No.1159/2017 8 & CCC.Nos.1189-1205/2017 today, complainants would be entitled to revive these contempt proceedings. Accordingly, these petitions are disposed of.
Sd/-
JUDGE Sd JUDGE PKS