Karnataka High Court
Sri M Gopal vs Pradeep P on 4 September, 2023
Author: Prasanna B. Varale
Bench: Prasanna B. Varale
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NC: 2023:KHC:31854-DB
CCC No. 645 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF SEPTEMBER, 2023
PRESENT
THE HON'BLE MR PRASANNA B. VARALE, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE KRISHNA S DIXIT
CIVIL CONTEMPT PETITION NO. 645 OF 2022
BETWEEN:
1. SRI. M GOPAL,
SON OF LATE MUDALAPPA,
AGED ABOUT 47 YEARS,
SELECTION GRADE LECTURER,
DEPARTMENT OF CIVIL ENGINEERING,
M.E.I.POLYTECHNIC,
RAJAJINAGAR 4TH BLOCK,
BENGALURU-560 010.
2. SRI. Y M RAVINDRANATH
S/O. MALKAPPA,
Digitally signed AGED ABOUT 45 YEARS,
by SHARADA SELECTION GRADE LECTURER,
VANI B DEPARTMENT OF ELEC AND COM. ENGINEERING,
Location: HIGH M.E.I.POLYTECHNIC,
COURT OF RAJAJINAGAR 4TH BLOCK,
KARNATAKA
BENGALURU-560 010.
3. SMT. SHREEVARSHINI M R
D/O. M N RAMACHANDRA
AGED ABOUT 45 YEARS,
SELECTION GRADE LECTURER,
DEPARTMENT OF COMP.SC. ENGINEERING
M.E.I.POLYTECHNIC,
RAJAJINAGAR 4TH BLOCK,
BENGALURU-560 010.
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CCC No. 645 of 2022
4. SRI. A SHREENIVASA RAO
S/O. VITHAL,
AGED ABOUT 48 YEARS,
SELECTION GRADE LECTURER,
DEPARTMENT OF ELEC. AND COM. ENGINEERING,
M.E.I.POLYTECHNIC,
RAJAJINAGAR 4TH BLOCK,
BENGALURU-560 010.
5. SMT. KAMALA H C
W/O ESWARAPPA M.N,
AGED ABOUT 46 YEARS,
SELECTION GRADE LECTURER, SCIENCE
DEPARTMENT, M.E.I.POLYTECHNIC,
RAJAJINAGAR 4TH BLOCK,
BENGALURU-560 010.
6. SMT. S O SUNITHA
W/O CHANDRAKANTHA K O
AGED ABOUT 47 YEARS,
SELECTION GRADE LECTURER,
DEPARTMENT OF CIVIL ENGINEERING,
M.E.I.POLYTECHNIC,
RAJAJINAGAR 4TH BLOCK,
BENGALURU-560 010.
7. SMT. M USHA RANI
W/O KARUNAKARAN S
AGED ABOUT 45 YEARS,
SELECTION GRADE LECTURER,
DEPARTMENT OF COMP.SC. ENGINEERING,
M.E.I.POLYTECHNIC,
RAJAJINAGAR 4TH BLOCK,
BENGALURU-560 010.
8. SRI.SATISH B.K.
S/O K.BANDAPPA,
AGED ABOUT 46 YEARS,
SELECTION GRADE LECTURER,
DEPARTMENT OF ELEC.AND COMMN. ENGINEERING,
M.E.I.POLYTECHNIC,
RAJAJINAGAR 4TH BLOCK,
BENGALURU-560 010.
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CCC No. 645 of 2022
9. SRI. HUCHEERAPPA HARIJAN
S/O LATE. BASAPPA H,
AGED ABOUT 49 YEARS,
SELECTION GRADE LECTURER,
MECHANICAL ENGINEER DEPARTMENT,
M.E.I.POLYTECHNIC,
RAJAJINAGAR 4TH BLOCK,
BENGALURU-560 010.
10. SRI. SHREEMANTH
S/O LATE. HANUMANTH RAO,
AGED ABOUT 49 YEARS,
SELECTION GRADE LECTURER,
DEPARTMENT OF ELECTRICAL ENGINEERING
M.E.I.POLYTECHNIC,
RAJAJINAGAR 4TH BLOCK,
BENGALURU-560 010.
W.P.NO.3823/2022(S-RES)
11. SRI. S NAGARAJ
S/O. T. SUBBARAYAPPA,
AGED ABOUT 52 YEARS,
SELECTION GRADE LECTURER,
DEPARTMENT OF ELECTRICAL AND ELECTRONICS
ENGINEERING, M.E.I.POLYTECHNIC,
RAJAJINAGAR 4TH BLOCK,
BENGALURU-560 010.
12. SRI. KUMAR
S/O. SAMYA NAIK
AGED ABOUT 48 YEARS,
SELECTION GRADE LECTURER,
DEPARTMENT OF MECHANICAL ENGINEERING,
M.E.I.POLYTECHNIC, RAJAJINAGAR 4TH BLOCK,
BENGALURU-560 010.
...COMPLAINANTS
(BY SRI. JANARDHANA G.,ADVOCATE)
AND:
1. MR. PRADEEP P
DIRECTOR OF TECHNICAL EDUCATION,
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CCC No. 645 of 2022
PALACE ROAD, BENGALURU 560 001.
2. THE GOVERNMENT OF KARNATAKA
EDUCATION DEPARTMENT,
(MINISTRY OF HIGHER EDUCATION),
VIDHANA SOUDHA,
DR. B.R. AMBEDKAR VEEDHI,
BENGALURU 560 001.
...ACCUSED
(BY SRI.MILIND DANGE.,ADDL. GOVERNMENT ADVOCATE)
THIS CCC IS FILED UNDER SECTION 11 AND 12 OF THE
CONTEMPT OF COURTS, COMPLAINANTS PRAYING TO TAKE
COGNIZANCE OF THE OFFENCE COMMITTED BY THE ACCUSED
FOR DISOBEYING THE DIRECTION GIVEN IN THE JUDGMENT
WP NO.8484/2020 C/W WP 3823/2021 (S-RES) VIDE
ANNEXURE-B DATED 06.12.2021 AND CONSEQUENTLY PUNISH
THE ACCUSED.
THIS PETITION COMING ON FOR ORDERS THIS DAY,
CHIEF JUSTICE MADE THE FOLLOWING:
ORDER
Complainants being the petitioners in W.P.No.8484/2020 c/w W.P.No.3823/2021 (S-RES) secured a common order dated 06.12.2020 whereby the learned Single Judge directed the respondents "... to consider the cases of the petitioners for grant of Pay Band IV Scale of Rs.37,400-67,000 / with AGP of Rs.9,000 / after assessment of entitlement of the petitioners w.e.f. a retrospective date... bearing in mind the observation made -5- NC: 2023:KHC:31854-DB CCC No. 645 of 2022 in the course of the order." It is the case of complainants that this order has not been complied within a time bound way and thus there is a willful disobedience, for which the respondent-accused should be summoned & tried for the offence of Contempt of Court punishable under Secs.11 & 12 of the Contempt of Courts, Act, 1971.
2. After service of summons, the accused have entered appearance through the learned Additional Government Advocate. The Accused No.1 has filed the Counter Affidavit dated 03.09.2022 and an Additional Affidavit dated 30.09.2022 stating that the order in question has been complied with. Learned Additional Government Advocate draws our attention to the order dated 23.09.2022, a copy of which is at Annexure-R8, whereby the claims of the complainants having been considered on merits, it is held that the benefit of Pay Band IV cannot be granted with retrospective effect and therefore the question of paying arrears would not arise. -6-
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3. Having heard the learned counsel appearing for the complainants and the learned Additional Government Advocate appearing for the respondent-accused, we decline indulgence in the matter inasmuch as the claim of the writ petitioners i.e., the complainants herein having been considered by the Director of Technical Education, the same has been negatived vide order dated 23.09.2022. The vehement submission of learned counsel for the complainants that the consideration has not taken place as indicated in the subject order of the learned Single Judge does not merit a deeper examination at our hands inasmuch as we are not sitting in appeal over the compliance orders. It hardly needs to be stated that the contempt jurisdiction of this court is restrictive and therefore the validity of compliance orders is not readily undertaken, the remedy for the aggrieved being elsewhere. It is more so because the learned Single Judge in the operative portion of his order has specifically kept open the 'assessment of entitlement of the petitioners'.
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NC: 2023:KHC:31854-DB CCC No. 645 of 2022 In view of the above, this case is disposed off reserving liberty to the complainants to lay a challenge to the compliance order dated 23.09.2022 elsewhere in accordance with law, and all contentions in that regard are kept open.
Costs made easy.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE Snb/ List No.: 1 Sl No.: 24