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2025 DAILYLAW 28254 (KAR)

SRI. YOGEESH T S v. SRI UMASHANKAR

CCC/689/2023 · 2025-03-10

K Somashekar, Venkatesh Naik T

Contempt Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:10378-DB CCC No. 689 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH 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.689 OF 2023 BETWEEN: SRI. YOGEESH T. S. S/O T. C. SIDDAPPA AGED ABOUT 67 YEARS RETIRED ASSOCIATE PROFESSOR SRI SIDDARTHA FIRST GRADE COLLEGE SARASWATHIPURAM TUMKUR - 572 105 R/AT NO.355, 6TH MAIN ISRO LAYOUT BENGALURU - 560 078. …COMPLAINANT (BY SRI PADMANABHA R., ADVOCATE) AND: 1. SRI UMASHANKAR THE PRINCIPAL SECRETARY DEPARTMENT OF HIGHER EDUCATION M.S. BUILDING DR. AMBEDKAR VEEDHI BENGALURU - 560 001. 2. SRI I. S. N. PRASAD THE PRINCIPAL SECRETARY TO GOVERNMENT FINANCE DEPARTMENT GOVERNMENT OF KARNATAKA VIDHANA SOUDHA BENGALURU - 560 001. Digitally signed by MOUNESHWARAPPA NAGARATHNA Location: High Court of Karnataka - 2 - NC: 2025:KHC:10378-DB CCC No. 689 of 2023 3. SRI P. PRASAD COMMISSIONER FOR COLLEGIATE EDUCATION PALACE ROAD BENGALURU - 560 001. 4. SMT. SMITA GOPAL ACCOUNTANT GENERAL (A & E) PARK HOUSE ROAD BENGALURU - 560 001. 5. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF HIGHER EDUCATION M.S. BUILDING DR. AMBEDKAR VEEDHI BENGALURU - 560 001. …ACCUSED (BY SMT. NAMITHA MAHESH B. G., A.G.A., FOR A-1 TO A-4 AND A-5) THIS CIVIL CONTEMPT PETITION 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, WHERE IN HE PRAYS TO INITIATE CONTEMPT PROCEEDINGS AGAINST ALL THE ACCUSED FOR HAVING DELIBERATELY AND WILLFULLY DISOBEYED THE ORDER PASSED BY THIS HON'BLE COURT IN W.P. NO.48466-48571/2015 DATED 10.12.2015 AS PER ANNEXURE-A AND TO PUNISH THE ACCUSED IN ACCORDANCE WITH LAW. THIS CIVIL CONTEMPT PETITION IS 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 ORAL ORDER (PER: HON'BLE MR JUSTICE K.SOMASHEKAR) This contempt proceedings has been initiated by the complainant against the accused for dis-obedience of the order - 3 - NC: 2025:KHC:10378-DB CCC No. 689 of 2023 dated 10.12.2015 passed by learned Single Judge in W.P.Nos.48466-48571/2015(S-RES), wherein the learned Single Judge disposed of the writ petitions by directing respondent No.1 to 3 and 5 to pay arrears of salary and other emoluments as per revised pay scale to which the petitioners would be entitled to for the period from 01.01.2006 to 31.03.2010 within three months from the date of receipt of copy of the order and on failure to make such payment, petitioners would be entitled to interest @ 8% p.a. and on the request made by the State Government after payment, for releasing 80% of the contribution payable by the Central Government and on such request being received within three months thereof, the Central Government shall release the said amount as per the provisions of the scheme. However, since the said order had not been complied, the present contempt is filed. 2. Learned Addl. Government Advocate Smt. Namitha Mahesh, appearing for the accused submits that in compliance of the order passed by the learned Single Judge, a detailed compliance affidavit dated 04.01.2024 of accused No.3 has been filed. The compliance affidavit consists of paras 1 to 7, - 4 - NC: 2025:KHC:10378-DB CCC No. 689 of 2023 wherein at para 4, a tabular column is shown with details of the amount paid to the complainant and the same is as under:- Arrears amount claimed by the complain ant Actual entitled arrears amount (in Rs.) Arrears amount paid as per complainant (in Rs.) Actual arrears amount paid to complainant (in Rs.) Interest amount (in Rs.) Excess amount paid to complainant (in Rs.) 902871 902871 806434 1004105 55290 45944 3. Therefore, in view of the compliance affidavit filed by accused No.3, the contempt proceedings initiated to take action against the accused would not survive for consideration. Accordingly, the contempt proceedings are hereby dropped. Sd/- (K.SOMASHEKAR) JUDGE Sd/- (VENKATESH NAIK T) JUDGE MN List No.: 1 Sl No.: 10