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2025 DAILYLAW 20708 (KAR)

THE SECRETARY v. S MOHAN KUMAR

WA/362/2022 · 2025-03-18

Anu Sivaraman, Rajesh Rai K

body2025

Judgment text

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- 1 - NC: 2025:KHC:11114-DB WA No. 362 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE RAJESH RAI K WRIT APPEAL NO. 362 OF 2022 (S-RES) BETWEEN: THE SECRETARY SHREE BASAVALINGAPPA SEVA SAMITHI KOLLEGALA CHAMARAJANAGAR DISTRICT- 571313 …APPELLANT (BY SMT. LAKSHMI MENON, ADVOCATE) AND: 1. S. MOHAN KUMAR AGED ABOUT 53 YEARS LECTURER IN SOCIOLOGY NEHRU VIDYA SHALA PU COLLEGE MAYASANDRA, T.B. CROSS TURUVEKERE TALUK TUMAKURU DISTRICT 2. THE PRINCIPAL SECRETARY DEPARTMENT OF PRIMARY AND SECONDARY EDUCATION GOVERNMENT OF KARNATAKA M.S. BUILDING, BENGALURU-560 001 3. THE DIRECTOR DEPARTMENT OF PRE-UNIVERSITY EDUCATION AND APPELLATE AUTHORITY 18TH CROSS, MALLESHWARAM BENGALURU-560 003 Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka - 2 - NC: 2025:KHC:11114-DB WA No. 362 of 2022 4. THE DEPUTY DIRECTOR DEPARTMENT OF PRE-UNIVERSITY EDUCATION AND APPELLATE AUTHORITY 18TH CROSS, MALLESHWARAM BENGALURU-560 003 5. THE JOINT DIRECTOR DEPARTMENT OF PRE-UNIVERSITY EDUCATION AND APPELLATE AUTHORITY 18TH CROSS, MALLESHWARAM BENGALURU-560 003 6. THE PRINCIPAL SHREE BASAVALINGAPPA SEVA SAMITHI KOLLEGALA CHAMARAJANAGAR DISTRICT-571 313 7. THE PRINCIPAL NEHRU VIDYA SHALA PU COLLEGE MAYASANDRA, T.B. CROSS TURUVEKERE TALUK TUMAKURU DISTRICT-571 221 …RESPONDENTS (BY SRI. GOPALAKRISHNAMURTHY C., ADVOCATE FOR R1; SMT. MAMATHA SHETTY, AGA FOR R2 TO R5; R6 & R7 ARE SERVED AND UNREPRESENTED) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO (1). ALLOW THE PRESENT WRIT APPEAL, AND SET ASIDE THE IMPUGNED ORDER-I DATED 13.12.2021 PASSED BY THE LEARNED SINGLE JUDGE IN WRIT PETITION No.25478/2018 (S-RES) AND ETC. - 3 - NC: 2025:KHC:11114-DB WA No. 362 of 2022 THIS APPEAL, COMING ON FOR HEARING ON INTERLOCUTORY APPLICATION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) The Secretary, Shree Basavalingappa Seva Samithi Kollegala - appellant and S Mohan Kumar - respondent No.1 have filed a joint memo of settlement today, before this Court. The settlement between the parties is recorded as under:- "4. In furtherance of the same, the parties met and negotiated their respective standpoints. Pursuant to the said discussions, the parties have voluntarily agreed to settle all disputes between them on the following terms: a) The appellant agrees to pay the respondent No.1 a sum of Rs.6,00,000/-(Rupees Six Lakhs only) as full and final settlement of all claims of the respondent No.1 pertaining to the period of suspension to reappointment, including but not limited to claims for salary, allowances, increments and other service benefits. - 4 - NC: 2025:KHC:11114-DB WA No. 362 of 2022 b) The said amount shall be paid in three equal installments of Rs.2,00,000/-(Rupees Two Lakhs only) each, by way of demand drafts drawn in favour of the respondent No.1. c) The schedule of payments shall be as follows: i) First installment of Rs.2,00,000/- payable by the 10th of April, 2025; ii) Second installment of Rs.2,00,000/- payable by the 10th of May, 2025; iii) Third installment of Rs.2,00,000/- payable by the 10th of June, 2025; d) The respondent No.1 hereby acknowledges that upon receipt of the full settlement amount of Rs.6,00,000/-, he shall have no further claims against the appellant with respect to the period of suspension to reappointment, including but not limited to claims for salary, allowances, increments and other service benefits. e) The appellant further agrees to ensure that the service records of the respondent No.1 shall be properly provided during the period of suspension by April 2025, thereby ensuring that the respondent No.1 is entitled to all service benefits, including pensionary benefits, in accordance with law. - 5 - NC: 2025:KHC:11114-DB WA No. 362 of 2022 f) The respondent No.1 also hereby agrees to withdraw any proceedings initiated by him to recover any amounts from the appellant, if any. g) The respondent No.1 further agrees not to initiate any fresh proceedings against the appellant in relation to the subject matter of this dispute. h) Both parties agree that the contents of this settlement shall not be disclosed to any third party and shall be treated as confidential, except as required by law. i) The parties agree that this settlement is in full and final settlement of all claims and counter-claims between the parties with respect to the subject matter of this dispute." 2. The parties are also present before this Court and submit that they have voluntarily entered into the settlement and all disputes between them stand settled as per the same. 3. The Memo is taken on record and the agreement entered into is recorded in full. 4. Accordingly, writ appeal is disposed of in terms of the settlement which will form part of this judgment. The - 6 - NC: 2025:KHC:11114-DB WA No. 362 of 2022 parties shall abide by the same including as to the time limit for making the payments as provided therein. 5. Respondent No.3 shall also take necessary steps to disburse the amounts if any, due to the respondent No.1 without undue delay, at any rate within two months from today. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (RAJESH RAI K) JUDGE RAK List No.: 1 Sl No.: 10