- 1 - NC: 2025:KHC-D:1176-DB CCC No. 100024 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 22ND DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR CIVIL CONTEMPT PETITION NO.100024 OF 2024 BETWEEN: 1. SHRI RANGANATH KRISHNAJI MULAGUND, AGE: 86 YEARS, RTD. SELECTION GRADE LECTURER (SGL), R/AT NO.22, HUKKERIKAR NAGAR, VIDYAGIRI, DHARWAD-04. 2. SHRI MOHAN GANESHRAO DESAI, AGE: 85 YEARS, RTD. SGL, MIG 56, 3RD MAIN, NAVANAGAR, HUBLI-580025. 3. SHRI SHIVAPUTRAPPA NAGAPPA KATTIMANI, AGE: 87 YEARS, RETIRED SGL., “MALITESH NILAYA”, HADIMANI GALI, RANEBENNUR-581125, DIST. HAVERI. 4. DR. FAKIRAPPA CHANNAPPA HOSUR, AGE: 84 YEARS, RETIRED SGL, NO.60/4, “BASAVA SADANA”, KAPPAGAL ROAD, GANDHINAGAR, BELLARY-583103. 5. SHRI. K. S. BASAVARAJ, AGE: 84 YEARS, RETIRED SGL, ANURAG, PLOT 29, 2ND MAIN, GANESH COLONY, BALLARI-583101. 6. SRI. GURUBASAPPA P, S/O. PALLED VEERABHADRAPPA, AGE: 85 YEARS, RETIRED SGL, 53/V WARD, GANESH TEMPLE STREET, BALLARI-583401. 7. SHRI. VIRUPAKSHA GOWDA K, AGE: 84 YEARS, RETIRED SGL, NAVALI POST, HOOVINA HADAGALI, BALLARI-583219. Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:1176-DB CCC No. 100024 of 2024 8. SHRI. VEERANAGOUDA, LINGANAGOUDA POLICE PATIL, (V.L. POLICE PATIL), AGE: 86 YEARS, RTD SGL, “MALATESH KRUPA”, SHIVANAND NAGAR, GADAG-582103. 9. SHRI. D. CHANNABSAVANA GOWDA, S/O. D. KARIBASAVANA, AGE: 86 YEARS, RETIRED SELECTION GRADE LECTURER, SHANTINAGAR, 11TH WARD, COLLEGE ROAD, HOSPET-583201. LATE RAMAPPA APPANNA HASARADDI SINCE DECEASED BY HIS LR 10 10.A. SMT. PADMAVATI D/O. LATE RAMAPPA HASARADDI, (W/O. LATE ASHOK VASAN), AGE: 50 YEARS, HOUSEWIFE, MALLAMMA NAGAR, AT MUDHOL-587313. 11. SHRI. ARUN BHIMRAO NAIK, AGE: 80 YEARS, PLOT NO.206, CHINTAMANI PLAZA, ANGOL ROAD, BELAGAVI-590006. 12. SHRI. GURUPADAYYA CHANNABASAYYA CHIKKUR, AGE: 65 YEARS, RTD PROFESSOR, KUD, BHAGIRATI, 3RD MAIN, NIRMAL NAGAR, DHARWAD-580003. 13. SMT. MAHADEVAKKA, D/O. LATE AYYAPPAYYA HIREMATH, AGE: 56 YEARS, OCC. PVT. SERVICE, R/O. “CHENNA CHETAN”, MRITYUNJAYA NAGAR, RANIBENNUR, HAVERI-581115. 14. SMT. ZAIBUNNISA, W/O. LATE SHEIKH ABDUL KAREEM, AGE: MAJOR, OCC. HOUSEWIFE, MIG 319, NAVANAGAR, HUBBALLI-25. 15. SMT. SULOCHANA C. HIREMATH, AGED ABOUT YEARS, OCC. HOUSEWIFE, R/AT AMMINABHAVI, TQ. & DT. DHARWAD-580201. - 3 - NC: 2025:KHC-D:1176-DB CCC No. 100024 of 2024 16. SMT. JAYSHREE W/O. LATE SATISH PATWARDHAN, AGE: 82 YEARS, OCC. HOUSEHOLD WORK, SIDDESWAR COLONY, KAGAWAD, BELAGAVI-591223. 17. SMT. SUVARNA W/O. LATE SAVANT PATIL, AGED ABOUT YEARS, OCC.: HOUSEHOLD WORK, JYOTHI NIVAS, BASAVANAGAR ROAD, R/AT KAGAWAD-591223, TQ. ATHANI, DIST. BELAGAVI. - COMPLAINANTS (BY SRI. ASHOK R. KALYANASHETTY, ADVOCATE) AND: 1. SHRI. SRIKAR M. S., AGE MAJOR, OCC.: PRINCIPAL SECRETARY, DEPARTMENT OF HIGHER EDUCATION, M.S. BUILDING, DR. B.R. AMBEDKAR VEEDHI, BENGALURU-560001. 2. SHRI. L. K. ATHEEQ, AGE: MAJOR, OCC.: NOW PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE, VIDHANA SOUDHA, DR. B.R. AMBEDKAR VEEDHI, BENGALURU-560001. 3. SMT. SMITA GOPAL, AGE: MAJOR, OCC.: ACCOUNTANT GENERAL (A AND E), KARNATAKA, P.B. NO.5369, RESIDENCY PARK ROAD, BENGALURU-560001. - ACCUSED 4. THE STATE OF KARNATAKA PROFORMA RESPONDENT (BY SRI. GANGADHAR J.M., ADDITIONAL ADVOCATE GENERAL ALONG WITH SRI. PRAVEEN K. UPPAR, ADDITIONAL GOVERNMENT ADVOCATE, FOR A1-A3) THIS CIVIL CONTEMPT PETITION IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, PRAYING TO PUNISH THE ACCUSED FOR THEIR WILLFUL DISOBEDIENCE WITH THE DIRECTION DATED 04.08.2023 PASSED IN W.P. NO.101673/2023, ANNEXURE-A IN THE INTEREST OF JUSTICE AND EQUITY & ETC. - 4 - NC: 2025:KHC-D:1176-DB CCC No. 100024 of 2024 THIS CONTEMPT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR ORAL ORDER (PER: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD) The complainants have retired from service as Selection Grade Lecturers from the institutions under the aegis of Collegiate Education. The petitioners rely upon the following directions at their instance in the writ Court in W.P. No. 103519/2023 and W.P. No. 101673/2023. “Respondents-State is directed to fix and pay revised pay to the petitioners in terms of and online of the Government Order No. FD (Spl) 2 PET 99 dated 15.02.1999 vide Annexure ‘C’ in Writ Petition No.103519/2023 and Government Order No. FD (Spl) 2 PET 99 dated 15.02.1999 vide Annexure ‘S-2’ in Writ Petition No.101673/2023 and other Government Orders issued from time to time in furtherance of the Government Order dated 15.02.1999 which is made applicable to similar situated employees and grant all consequential benefits that would flow from he grant of revised pension along with interest only for a period of three years prior to filing of the present petitions and not for and from any date earlier. - 5 - NC: 2025:KHC-D:1176-DB CCC No. 100024 of 2024 The order shall be complied within three months from the date of receipt of a copy of the order, failing which, the petitioners would be entitled to interest at 6% per annum from the date on which it fell due till its payment.” 2. The Principal Secretary, Department of Higher Education, Government of Karnataka, has filed compliance affidavit stating that [i] the Writ Court’s direction to fix revised pay/pension to the petitioners is considered in the light of the Government Order No. FD (Spl) 2 PET 99 dated 15.02.1999, [ii] in other’s case there were certain errors in fixing pay/pension resulting in those drawing either less or more than their entitlement, [iii] even amongst the complainants some have drawn more and some less because the parameters in the applicable Government Order dated 15.02.1999 are wrongly applied, [iv] as with the others so with the complainant, the Government has not asked for recovery where excess amount is paid and the complainant will be paid in terms of the order fixing the pay and pension according to the order dated 06.07.2024 which is in compliance with the Writ Court’s direction. - 6 - NC: 2025:KHC-D:1176-DB CCC No. 100024 of 2024 3. Sri Ashok R. Kalyanshetty, the learned counsel for the complainants, submits that this Court must examine whether the respondents are guilty of contempt because they have not re-fixed the pay/ pension based on the permissible DA and 32.5% of the basic pension/ family pension. Sri Gangadhar J.M, the learned Additional Advocate General, submits that with march of time the Government has also revised the ceiling slab firstly on 06.06.2007, next on 03.05.2012 and lastly on 24.04.2018. The complainants’ pension has been accordingly paid. 4. In rejoinder, Sri Ashok Kalyanshetty submits that in the proceedings before the Apex Court, a decision which is relied upon by the Writ Court, the State Government has accepted that 50% of the emoluments would be paid without any capping and the Writ Court’s order is in the light of such decision and therefore unless the respondents refix the pension in terms thereof, they should be held to be in deliberate contempt. - 7 - NC: 2025:KHC-D:1176-DB CCC No. 100024 of 2024 5. On perusal of the writ Court’s order, it is seen that this aspect, viz., whether the fixation of pension/ family pension should be subject to the capping is not a question that is considered. The Writ Court’s direction is to fix and pay pension according to the applicable Government Order dated 15.02.1999. As such, this Court must opine that even prima facie there is no reason to hold the respondents are guilty of deliberate disobedience, but if the complainants are aggrieved by the decision to apply a cap and then fix pension, they must work out their remedy in duly begun appropriate proceedings. Hence, with liberty to the complainants but subject to all just exceptions in law, the complaint is closed. Sd/- (B.M.SHYAM PRASAD) JUDGE Sd/- (RAMACHANDRA D. HUDDAR) JUDGE bvv LIST NO.: 1 SL NO.: 11