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High Court of Karnataka · body

2025 DAILYLAW 21746 (KAR)

DR V A SUBHADRA v. SHRI G KUMAR NAIK

CCC/450/2022 · 2025-03-04

K Somashekar, Venkatesh Naik T

Contempt Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:9158-DB CCC No. 450 of 2022 C/W CCC No. 690 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MR JUSTICE K.SOMASHEKAR AND THE HON'BLE MR JUSTICE VENKATESH NAIK T CIVIL CONTEMPT PETITION NO.450 OF 2022 C/W CIVIL CONTEMPT PETITION NO.690 OF 2022 IN CCC NO.450/2022 BETWEEN: 1. DR. V. A. SUBHADRA W/O. LATE V.N.A LINGAM AGED ABOUT 81 YEARS RTD. PROFESSOR (SGL) N.M.K.R.V. COLLEGE FOR WOMEN NO.60, ST. JOHN'S ROAD SHIVANNA CHETTY GARDEN BENGLAURU - 560 042. 2. DR. R. SAROJAMMA W/O. LATE DR. BOMMAIAH AGED ABOUT 82 YEARS RTD. PROFESSOR (SGL) MAHARANI'S SCIENCE COLLEGE FOR WOMEN R/AT NO.39, 18TH CROSS 20TH MAIN, M.C. LAYOUT BENGALURU - 560 040. 3. SMT. MALATHI S. PATTANASHETTI W/O. SIDDALINGA PATTANASHETTI AGED ABOUT 84 YEARS RETIRED PROFESSOR (SGL) (PREVIOUSLY AT BENGALURU) NOW AT MALAMADDI STATION ROAD, DHARWAD-07. Digitally signed by MOUNESHWARAPPA NAGARATHNA Location: High Court of Karnataka - 2 - NC: 2025:KHC:9158-DB CCC No. 450 of 2022 C/W CCC No. 690 of 2022 4. SHRI M. N. EDALLI S/O. LATE NINGAPPA EDALLI AGED ABOUT 83 YEARS RETIRED PROFESSOR (SGL) (PREVIOUSLY AT BENGALURU) R/O. NO.38, VISHWABHARATI COLONY 2ND CROSS, SHIRVAGIRI DHARWAD - 580 001. 5. PROFESSOR S. J. DEODHAR S/O. LATE JAMES DEAODHAR AGED ABOUT 83 YEARS RETIRED PROFESSOR (SGL) (PREVIOUSLY AT BENGALURU) NOW AT MISSION COMPOUND DHARWAD. 6. PROF. G. M. LINGARAJ S/O. LATE MALLAPPA LINGARAJ AGED ABOUT 84 YEARS OCC: RETD. PROFESSOR (PREVIOUSLY AT BENGALURU) NOW AT NARAYANPUR DHARWAD - 07. 7. PROFESSOR A. S. KITTUR S/O. LATE SARWARKHAN KITTUR AGED ABOUT 82 YEARS RETIRED PROFESSOR (SGL) (PREVIOUSLY AT BENGALURU) NOW AT LINE BAZAR SOUDHAGAR CHAL DHARWAD - 580 001. 8. PROFESSOR I. S. MEENSINKAI S/O. LATE I. MEENSINKAI AGED ABOUT 84 YEARS RETIRED PROFESSOR (SGL) (PREVIOUSLY AT BENGALURU) NOW AT LINGARAJ NAGAR HUBBALLI - 580 031. - 3 - NC: 2025:KHC:9158-DB CCC No. 450 of 2022 C/W CCC No. 690 of 2022 9. PROFESSOR S. B. DAMBAL S/O. LATE BASAPPA DAMBAL AGED ABOUT 84 YEARS RETIRED PROFESSOR (SGL) (PREVIOUSLY AT BENGALURU) NOW AT LINGARAJ NAGAR HUBBALLI - 580 031. 10. LATE PROF. V. V. HEBBALL SINCE DIED ON 4.10.2021 BY HIS LRS/WIFE - COMPLAINANT - 10 SMT. SHARADA W/O. LATE VEERASANGAPPA HEBBALLI AGED ABOUT 74 YEARS OCC: HOUSEHOLD MALAPUR ROAD DHARWAD - 08. 11. PROFESSOR ANANT SHANKAR PENDSE S/O. LATE SHANKAR PENDSE AGED ABOUT 82 YEARS RETIRED PROFESSOR (SGL) (PREVIOUSLY AT BENGALURU) NOW AT LINGARAJ NAGAR HUBBALLI - 580 031. 12. PROFESSOR C. G. HATTI S/O. LATE GURUBASAPPA HATTI AGED ABOUT 83 YEARS RETIRED PROFESSOR (SGL) R/AT NO.4, AKSHAY NAGARA 2ND BLOCK, RAMAMURTHY NAGAR BENGALURU - 560 016. 13. PROFESSOR B. J. PATIL S/O. JOTAGOUDA (JATANAGOUDA) AGED ABOUT 83 YEARS RETIRED PROFESSOR/PRINCIPAL (SGL) (PREVIOUSLY AT BENGALURU) NOW AT KAGAWAD-591 223 DISTRICT BELAGAVI. - 4 - NC: 2025:KHC:9158-DB CCC No. 450 of 2022 C/W CCC No. 690 of 2022 14. PROFESSOR P. V. JOSHI S/O. LATE VINAYAK JOSHI AGED ABOUT 82 YEARS RETIRED PROFESSOR (SGL) (PREVIOUSLY AT BENGALURU) NOW AT GOKAK DISTRICT - BELAGAVI. 15. PROFESSOR K. A. BANNETTI S/O. LATE ANKALEPPA BANNETTI AGED ABOUT 83 YEARS RETIRED PROFESSOR (SGL) PREVIOUSLY AT BENGALURU NOW AT ILKAL, TALUK: HUNGUND DISTRICT BAGALKOT. 16. LATE PROFESSOR B.F. HASRANI SINCE DECEASED (DIED ON 19.08.2021) BY HIS LRS., COMPLAINANT - 16 SHRI. DAYANAND B. HASARANI S/O. LATE B.F. HASRANI AGE MAJOR R/O. LAXMESHWAR - 582 116 DISTRICT - GADAG. 17. PROFESSOR V.V. ALEGAVI S/O. LATE VIRATAPPA ALEGAVI AGED ABOUT 83 YEARS RETIRED PROFESSOR (SGL) PREVIOUSLY AT BENGALURU NOW AT ILKAL - 587 125 TALUK: HUNAGUND DISTRICT: BAGALKOT. 18. SMT. SHAKUNTALA W/O. LATE CHANNAMALLAPPA CHOBRI AGED ABOUT 84 YEARS RETIRED PROFESSOR (SGL) PREVIOUSLY AT BENGALURU NOW AT ILKAL - 587 125 DISTRICT - BAGALKOT. - 5 - NC: 2025:KHC:9158-DB CCC No. 450 of 2022 C/W CCC No. 690 of 2022 19. PROFESSOR S. S. KANAMADI S/O. LATE SHIVAPPA KANAMADI AGED ABOUT 83 YEARS RETIRED PROFESSOR (SGL) PREVIOUSLY AT BENGALURU NOW AT ILKAL - 587 125 DISTRICT - BAGALKOT. 20. PROFESSOR D. R. MIRJI S/O. LATE D. MIRJI AGED ABOUT 83 YEARS RETIRED PROFESSOR (SGL) NO.549, 11TH CROSS, 3RD MAIN BENGALURU - 560 002. 21. LATE DAXAYANI T. BHAPRI SINCE DIED ON 30.1.2022 BY HER LRS COMPLAINANT - 21 SMT. BHAGYASHREE D/O. LATE DAXAYANI T. BHAPRI AGED ABOUT 42 YEARS C/O. K. NARYANA, 2ND MAIN ATTIGUPPE, VIJAYANAGAR BENGALURU - 560 040. 22. LATE PROF. I.R. NEELI SINCE DIED ON 22.1.2022 BY HIS LR COMPLAINANT - 23 SMT. ANAPURNA W/O. LATE ISHWARAPPA NEELI AGED ABOUT 72 YEARS ANJANEYA NAGAR BELAGAVI - 590 016. 23. PROF. C. M. KOTTURASHETTI S/O. LATE MAHADECAPPA KOTTURASHETTI AGED ABOUT 84 YEARS RTD. PROFESSOR (SGL) (PREVIOUSLY AT BENGALURU) NOW AT MALAMADDI DHARWAD. - 6 - NC: 2025:KHC:9158-DB CCC No. 450 of 2022 C/W CCC No. 690 of 2022 24. PROF. A. R. DESAI S/O. LATE RUDRAPPA DESAI AGED ABOUT 84 YEARS OCC: RTD. PROFESSOR PREVIOUSLY AT BENGALURU NOW AT SARASWATPUR DHARWAD. 25. SMT. BASAVANNEWWA R. SAJJANAR W/O. LATE PRO R.M. SAJJANAR AGED ABOUT 83 YEARS (PREVIOUSLY AT BENGALURU) NOW AT PLOT NO.9, SHANTINAGAR BELAGAVI. …COMPLAINANTS (BY SRI ASHOK R. KALYANASHETTY, ADVOCATE) AND: 1. SHRI G. KUMAR NAIK AGE MAJOR PRINCIPAL SECRETARY DEPARTMENT OF HIGHER EDUCATION GOVT./STATE OF KARNATAKA 6TH FLOOR, M.S. BUILDING BENGLAURU - 560 001. 2. SHRI I. S. N. PRASAD AGE MAJOR PRINCIPAL SECRETARY DEPARTMENT OF FINANCE GOVT./STATE OF KARNATAKA VIDHANA SOUDHA AMBEDKAR VEEDHI BENGALURU - 560 001. 3. SHRI R. NARESH AGED ABOUT MAJOR ACCOUNTANT GENERAL OFFICE OF THE ACCOUNTANT GENERAL (A AND E) - 7 - NC: 2025:KHC:9158-DB CCC No. 450 of 2022 C/W CCC No. 690 of 2022 STATE OF KARNATAKA PARK HOUSE ROAD POST BOX NO.5329 BENGALURU - 560 001. …ACCUSED (BY SMT. NAMITHA MAHESH B. G., A.G.A., FOR A-1 TO A-3) THIS CIVIL CONTEMPT PETITION IS FILED UNDER ARTICLE 215 OF THE CONSTITUTION OF INDIA R/W SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, BY THE COMPLAINANT, WHEREIN SHE TO INITIATE CONTEMPT PROCEEDINGS TO PUNISH THE ACCUSED HEREIN SUITABLY FOR CONTEMPT OF COURT FOR THEIR WILLFUL DISOBEDIENCE AND FAILURE TO COMPLY WITH THE COURT ORDER/DIRECTION DATED 01.07.2021 PASSED IN W.P.NO.23577/2014. IN CCC NO.690/2022 BETWEEN: SHRI H. C. VEERABHADRAIAH S/O.LATE CHIKKANNA AGED ABOUT 84 YEARS RTD. PROFESSOR (SGL) R/AT 170, 2ND MAIN ROAD PADMANABHA NAGAR BENGALURU - 560 070. ...COMPLAINANT (BY SRI ASHOK R. KALYANASHETTY, ADVOCATE) AND: 1. SHRI G. KUMAR NAIK AGE MAJOR PRINCIPAL SECRETARY DEPARTMENT OF HIGHER EDUCATION THE STATE OF KARNATAKA 6TH FLOOR, M.S. BUILDING BENGLAURU - 560 001. - 8 - NC: 2025:KHC:9158-DB CCC No. 450 of 2022 C/W CCC No. 690 of 2022 2. SHRI I S N PRASAD AGE MAJOR, PRINCIPAL SECRETARY DEPARTMENT OF FINANCE VIDHANA SOUDHA, AMBEDKAR VEEDHI BENGALURU-560 001. 3. SHRI R. NARESH AGED: MAJOR ACCOUNTANT GENERAL OFFICE OF THE ACCOUNTANT GENERAL (A AND E) PARK HOUSE ROAD, POST BOX NO.5329 BENGALURU - 560 001. 4. THE STATE OF KARNATAKA BY ITS COMMISSIONER/SECRETARY DEPARTMENT OF HIGHER EDUCATION M. S. BUILDING BENGALURU - 560 001. ...ACCUSED (BY SMT. NAMITHA MAHESH B. G., A.G.A., FOR A-1 TO A-3) THIS CIVIL CONTEMPT PETITION IS FILED UNDER ARTICLE 215 OF THE CONSTITUTION OF INDIA R/W SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, BY THE COMPLAINANT, WHEREIN HE PRAYS TO INITIATE CONTEMPT PROCEEDINGS TO PUNISH THE ACCUSED HEREIN SUITABLY FOR CONTEMPT OF COURT FOR THEIR WILLFUL DISOBEDIENCE AND FAILURE TO COMPLY WITH THE COURT ORDER/DIRECTION DATED 01.07.2021 PASSED IN W.P.NO.23577/2014. THESE CIVIL CONTEMPT PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE K.SOMASHEKAR and HON'BLE MR JUSTICE VENKATESH NAIK T - 9 - NC: 2025:KHC:9158-DB CCC No. 450 of 2022 C/W CCC No. 690 of 2022 ORAL ORDER (PER: HON'BLE MR JUSTICE K.SOMASHEKAR) In CCC No.450/2022, this contempt proceedings has been initiated by complainants against respondent/accused relating to the order dated 01.07.2021 passed by the learned Single Judge in WP.No.23577/2014. 2. In CCC No.690/2022, this contempt proceedings has been initiated by complainant against respondents/accused relating to the order dated 01.07.2021 passed by the learned Single Judge in WP.No.23577/2014. 3. Sri. Ashok R. Kalyanashetty, learned counsel appearing for the complainants in both the proceedings is present before the Court physically. 4. Smt. Namitha Mahesh B. G., learned Addl. Government Advocate appearing for respondents/accused Nos.1 to 3 in both the proceedings is present before the Court physically and submits that she has filed the compliance affidavits in both the proceedings dated 03.02.2025, along with Annexures-R1 to R6 and copy of the acknowledgment in both the proceedings and the same has been facilitated. - 10 - NC: 2025:KHC:9158-DB CCC No. 450 of 2022 C/W CCC No. 690 of 2022 5. The said compliance affidavits are taken on record. 6. In view of the submission of learned counsel for the complainants, without expressing any opinion on the merits of these matters and compliance affidavits filed by learned Addl. Government Advocate on behalf of respondents/accused, it is deemed appropriate that the liberty as granted by this Court in Civil Contempt Petition No.409/2022, disposed on 19.11.2024, vide Annexure-R6 to the compliance affidavits, also be granted to the complainants herein, inasmuch as, in view of the stand taken by the Government and the University about fixation of maximum pension as per PET-2 (Annexure-12) and subsequent Notifications (Annxures-13 to 23), the complainants may be permitted to approach a writ Court for suitable orders. 7. Hence, both contempt proceedings are presently closed reserving liberty, as sought for by learned counsel for complainants. Accordingly, both contempt proceedings are hereby dropped. - 11 - NC: 2025:KHC:9158-DB CCC No. 450 of 2022 C/W CCC No. 690 of 2022 8. All the contentions are kept open. Sd/- (K.SOMASHEKAR) JUDGE Sd/- (VENKATESH NAIK T) JUDGE PHM List No.: 1 Sl No.: 7