Karnataka High Court
Sri K G Suresh vs Sri Umashankar on 26 March, 2024
Bench: Chief Justice, Krishna S Dixit
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NC: 2024:KHC:12412-DB
CCC No. 382 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH 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. 382 OF 2023
BETWEEN:
1. SRI K.G. SURESH
S/O LATE K.G. BASVANGAGOWDA
AGED ABOUT 63 YEARS
RETIRED SELECTION GRADE LECTURER
DEPARTMENT OF CIVIL ENGINEERING
BAPUJI POLYTECHNIC, SHABANURU
DAVANAGERE 577004.
R/AT NO 3367/8, 13TH MAIN
5TH CROSS, M.C.C. B BLOCK
KUVEMPUNAGARA, DAVANAGERE 577004.
2. SRI K.N. MANJUNATH
S/O LATE NAGAPPA
AGED ABOUT 60 YEARS
RETIRED SELECTION GRADE LECTURER
DEPARTMENT OF CIVIL ENGINEERING
BAPUJI POLYTECHNIC, SHABANURU
DAVANAGERE 577004.
Digitally signed by
VASANTHAKUMARY R/AT NO 1905/41B, 42B
BK BASAVA SADANA, 5TH B CROSS
Location: HIGH VIDYANAGARRA, DAVANAGERE 577004.
COURT OF
KARNATAKA
3. SRI A.P. CHANNAKESHAVANATH
S/O LATE A.P. HALAPPA
AGED ABOUT 60 YEARS
RETIRED SELECTION GRADE LECTURER
DEPARTMENT OF CIVIL ENGINEERING
BAPUJI POLYTECHNIC SHABANURU
DAVANAGERE 577004.
R/AT No.4322/17, SS LAYOUT
A BLOCK, DAVANAGERE 577004.
...COMPLAINANTS
(BY SRI. PADMANABHA R., ADVOCATE)
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NC: 2024:KHC:12412-DB
CCC No. 382 of 2023
AND:
1. SRI UMASHANKAR
DEPARTMENT OF HIGHER EDUCATION
(TECHNICAL)
NOW DESIGNATED AS
ADDITIONAL CHIEF SECRETARY
M.S. BUILDING
AMBEDKAR VEEDHI
BENGALURU 560001.
2. SRI N.RAVICHANDRAN
DIRECTOR OF TECHNICAL EDUCATION
PALACE ROAD
BENGALURU.
3. STATE OF KARNATAKA
REP. BY ITS PRINCIPAL SECRETARY
DEPARTMENT OF HIGHER EDUCATION
M S BUILDING
BANGALORE 560001.
...ACCUSED
(BY SRI. S.S.MAHENDRA., G.A.)
THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE
CONTEMPT OF COURTS ACT, 1971 READ WITH ARTICLE 215 OF THE
CONSTITUTION OF INDIA, BY THE COMPLAINANT, WHEREIN HE
PRAYS THAT THE HON'BLE COURT BE PLEASED TO INITIATE
CONTEMPT PROCEEDINGS AGAINST THE ACCUSED FOR HAVING
DELIBERATELY AND WILLFULLY DISOBEYED THE ORDER PASSED BY
THIS HONBLE COURT IN WP NO.46934-46956/2014 AS PER
ANNEXURE-A DATED 10.7.2015 AND PUNISH THE ACCUSED IN
ACCORDANCE WITH LAW.
THIS CCC COMING ON FOR ORDERS THIS DAY, KRISHNA S
DIXIT, J, PASSED THE FOLLOWING:
ORDER
This Complaint of Contempt alleges violation of a learned Single Judge's order dated 10.07.2015 made in W.P.Nos. 46934 - 46956/2014 directing the grant of certain monetary benefits that -3- NC: 2024:KHC:12412-DB CCC No. 382 of 2023 have accrued for the service rendered prior to admission to the Grant-in-Aid.
2. Learned Government Advocate appearing for the Respondents has filed the Counter Affidavit sworn to by the Director of Department of Technical Education, Bengaluru, drawing our attention to the Act 7 of 2014 that has nullified effect of judgements that directed grant of certain financial benefit reckoning the pre-aid period. He also submits that the Writ Petitions and Writ Appeals involving question of validity of the Act is being examined by a Special Bench and therefore, it cannot be said that the Respondents have willfully disobeyed the order of the learned Single Judge. He also submits that the Complainants themselves had given a representation to the Principal of their Institution on 10.04.2023 to the effect that their pension proposals should not be forwarded to the jurisdictional authorities and therefore, whatever is payable reckoning their post-aid service has also remained unconsidered.
3. Having heard the learned counsel for the parties and having perused the Complaint papers, we are of the considered opinion that the benefit accruing to the Complainants for the service rendered during the post-aid period has to be disbursed to -4- NC: 2024:KHC:12412-DB CCC No. 382 of 2023 them as has been done in the similarly circumstanced teachers subject to outcome of the challenge to Act 7 of 2014 in Writ Appeal No.2476 of 2015, that is pending on the file of a Coordinate Bench.
4. Whatever information/papers are required for accomplishing this task, the jurisdictional Respondents shall have interaction with the concerned Institution and do the needful within an outer limit of eight weeks. It is also open to the authorities to solicit any information or documents from the side of the Complainants for due adjudication of their claim. However, in that guise, no delay shall be brooked.
Ordered accordingly and the Complaint is disposed off, costs having been made easy.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE BGN/Bsv List No.: 1 Sl No.: 22