- 1 - HC-KAR NC: 2025:KHC:19569 WP No. 13350 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 13350 OF 2025 (GM-CPC) BETWEEN: SRI SIDDARTHA EDUCATION SOCIETY, SIDDARTHA NAGARA POST OFFICE, SSIT CAMPUS, MARALUR, TUMAKURU DISTRICT - 572 105, REPRESENTED BY ITS ASST. ADMINISTRATIVE OFFICER. …PETITIONER (BY SRI BHARATH B. YADAV, ADVOCATE FOR SRI H.M. MURALIDHAR, ADVOCATE) AND: 1. DR. B.H.DEVARAJU, S/O LATE B. HANUMANTHA GOWDA, AGED ABOUT 62 YEARS, PRESENTLY RESIDING AT 'SWATHI NILAYA', SRI RANGA VIDYA MANDIRA ROAD, BATAWADI, TUMAKURU - 572 103. 2. THE COMMISSIONER FOR COLLEGIATE EDUCATION, 2ND FLOOR, D.T.E BUILDING, PALACE ROAD, BENGALURU - 560 001. …RESPONDENTS (BY SRI B.H. DEVARAJU, R1 (PARTY-IN-PERSON)) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 15.04.2025 PASSED BY THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, TUMAKURU IN EXECUTION NO.573/2023 VIDE ANNEXURE-D AND ETC., Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:19569 WP No. 13350 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner-judgment debtor is before this Court calling in question a communication dated 16.04.2025 by which the concerned Court directs the petitioner-Institution to prepare the pension papers and keep it ready. 2. Heard Sri Bharath B.Yadav, learned counsel appearing on behalf of Sri H.M.Muralidhar, learned counsel for the petitioner. 3. The petitioner is an Educational Institution in which respondent No.1 was Associate Professor. The petitioner owing to certain omissions and commissions had dismissed respondent No.1 from service. The dismissal of which was called in question by respondent No.1 in MA(EAT) No.3/2017. The Educational Appellate Tribunal (for short, 'E.A.T.') by its order dated 30.09.2023 set aside the order of dismissal and passes the following order: - 3 - HC-KAR NC: 2025:KHC:19569 WP No. 13350 of 2025 " ORDER Appeal filed by the appellant U/s.94 of the Karnataka Education Act, 1983 Rule 38(15) of the Karnataka Educational Institutions (Collegiate Education) Rules, 2003 is partly allowed by setting aside the dismissal order passed by respondent dated 07.11.2017 bearing No.SSFGCT/972/2017-18. Already, the appellant had attained the age of superannuation. Hence, respondent No.1 & 2 are hereby directed to reinstate the appellant notionally to the original post. Appellant is entitled for back wages, continuity of service and all other consequential benefits. The period of suspension is hereby considered as the period spent on duty by the appellant and thus, appellant is entitled for all service benefits." The said order is tossed before this Court in W.P.No.5076/2024. The Co-ordinate Bench by its order dated 19.12.2024, rejects the challenge made by the petitioner herein and affirms the order passed by the E.A.T. Therefore, the petitioner becomes entitled to the relief that is granted by the E.A.T., which was continuity of service and all other consequential benefits as respondent No.1 on attaining the age of superannuation. 4. In the light of the order not being complied, the execution petition is preferred by respondent No.1 in - 4 - HC-KAR NC: 2025:KHC:19569 WP No. 13350 of 2025 Ex.No.573/2023 seeking to execute the decree passed by the E.A.T. quoted supra. The concerned Court by the order impugned directs the pension papers to be prepared. It is this order that is called in question by the petitioner. 5. Learned counsel appearing for the petitioner would however contend that a writ appeal is pending against the order passed by the Co-ordinate Bench in W.P.No.5076/2024. Therefore, the proceedings in execution must be arrested till the Division Bench would hear the writ appeal. 6. The submission noted is only to be rejected. The order of the concerned Court i.e., the E.A.T. is 30.09.2023. The learned Single Judge affirms the said order by his order dated 19.12.2024. If the petitioner has taken six (6) months to get the writ appeal posted before the Court, the petitioner has done it to his peril. Since there is no stay granted on the order of the learned Single Judge before the Division Bench as on today, there is no warrant to stay the proceedings in execution quoted supra. - 5 - HC-KAR NC: 2025:KHC:19569 WP No. 13350 of 2025 7. In that light, finding no merit in the petition, the petition stands rejected. Sd/- (M.NAGAPRASANNA) JUDGE CPN List No.: 1 Sl No.: 37 CT: BHK