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2025 DAILYLAW 28505 (KAR)

SRI. PUSHPARAJ. R v. THE STATE OF KARNATAKA

WP/16440/2022 · 2025-06-05

H T Narendra Prasad

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:18955 WP No. 16440 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 16440 OF 2022 (S-RES) BETWEEN: SRI. PUSHPARAJ. R S/O RAJASHEKAR R AGED ABOUT 62 YEARS RETD ASST. MASTER ST APHONSAS HIGHER PRIMARY SCHOOL DAVIS ROAD, FRAZER TOWN BENGALURU 560089 R/A HOUSE OF HIRANANDANI COTTAGE NO 519 DEVANAHALLI BENGALURU RURAL 562110 …PETITIONER (BY SRI. RANGANATH S JOIS, ADVOCATE FOR SRI. CHANDRAKANTH R GOULAY., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP.BY ITS SECRETARY DEPARATMENT OF EDUCATION PRIMARY M S BUILDING BENGALURU 560001. 2. THE COMMISSIONER OF PUBLIC INSTRUCTIONS NRUPATHUNGA ROAD BENGALURU 560001. 3. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS BENGALURU NORTH K G ROAD BENGALURU 560009. Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:18955 WP No. 16440 of 2022 4. THE B E O NORTH 2 14TH CROSS MALLESHWARAM BENGALURU 560055. …RESPONDENTS (BY SRI. BHOJEGOUDA T KOLLER, AGA. FOR R1 TO R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATION DATED: 7.6.2022 VIDE ANNEXURE-M AND TO PAY THE SALARY FOR THE PERIOD 1.6.2003 TO 28.1.2009 AND TO PASS APPROPRIATE SUITABLE ORDERS IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. In this writ petition, the petitioner has sought for following relief/s: “a) ISSUE A WRIT of mandamus directing the respondents to consider the representation dated 7.6.2022 vide Annexure-M and to pay the salary for the period 1.6.2003 to 28.1.2009 and to pass appropriate suitable orders in the interest of justice. b) Issue directions to the respondents to pay the salary for the period from 1.6.2003 to 28.1.2009 along with interest from the period due till payment at the rate of 12% as per prayer 1 above and to pass appropriate suitable orders. - 3 - HC-KAR NC: 2025:KHC:18955 WP No. 16440 of 2022 c) Issue any other order or orders as this Hon'ble court deems fit and proper in the ends of justice and equity.” 2. Learned counsel for the petitioner has submitted that inspite of the representation made by the petitioner vide Annexure-M dated 07.06.2022, the respondents have not considered his claim for payment of salary. He further submitted that the claim of the petitioner for payment of salary for the period for which they have not been paid the salary, is squarely covered by the judgment of this Court in W.P.No.50754/2012 disposed of on 30.04.2014 (vide Annexure-K). Hence, he sought for allowing the writ petition. 3. Learned AGA appearing for the respondents has submitted that if this Court grants some reasonable time, the representation of the petitioner vide Annexure-M will be considered, in accordance with law. - 4 - HC-KAR NC: 2025:KHC:18955 WP No. 16440 of 2022 4. In view of the above, the writ petition is disposed of. 5. Concerned respondent is directed to consider the representation of the petitioner dated 07.06.2022 vide Annexure-M, in accordance with law, as expeditiously as possible, not later than three months from the date of receipt of certified copy of this order. 6. In view of disposal of petition, all pending I.As., if any, are disposed of accordingly. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA LIST NO.: 1 SL NO.: 31