- 1 - HC-KAR NC: 2025:KHC:24777 WP No. 21781 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 21781 OF 2024 (S-RES) BETWEEN: H K KUMAR S/O LATE H KRISHNAPPA AGED ABOUT 63 YEARS WORKING AS PHYSICAL EDUCATION TEACHER (RETD.) BASAVESHWARA GIRLS HIGH SCHOOL RAJAJINAGAR II BLOCK BANGALORE - 560010 R/AT 81/26, 12TH B MAIN SHIVANAGARA, RAJAJINAGAR BENGALURU - 560010. …PETITIONER (BY SRI. SRIKANTH M P., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY TO GOVERNMENT PRIMARY AND SECONDARY EDUCATION M S BUILDING, DR AMBEDKAR VEEDHI BENGALURU - 560001. 2. THE COMMISSIONER FOR PUBLIC INSTRUCTIONS PRIMARY AND SECONDARY EDUCATION NEW PUBLIC OFFICES NRUPATHUNGA ROAD, K R CIRCLE BENGALURU - 560001. 3. THE DIRECTOR OF PUBLIC INSTRUCTIONS SECONDARY EDUCATION NEW PUBLIC OFFICES Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:24777 WP No. 21781 of 2024 NRUPATHUNGA ROAD K R CIRCLE, BANGALORE - 560001. 4. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS BANGALORE NORTH DISTRICT K G ROAD, BENGALURU - 560002. 5. THE BLOCK EDUCATION OFFICER DEPARTMENT OF PUBLIC INSTRUCTIONS NORTH RANGE – I, RAJAJINAGAR II BLOCK, BENGALURU - 560010. 6. SRI JAGADGURU BASAVESHWARA SAHAKARI SANGHA RAJAJINAGAR, BENGALURU - 560010 BY ITS CHIEF EXECUTIVE OFFICER …RESPONDENTS (BY SRI.B J ESWARAPPA, AGA FOR R1 TO R5: NOTICE TO R6 IS DISPENSED WITH V/O DATED:12.09.2024) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NOS. 1 TO 5 IN GENERAL AND RESPONDENT NO.4 IN PARTICULAR TO CONSIDER THE REPRESENTATION DATED: 12.02.2024 AND REMINDER DATED 12.03.2024 VIDE ANNEXURE-G, G1, G2 AND G3 AND H SUBMITTED BY THE PETITIONER IN THE LIGHT OF THE DIRECTIONS ISSUED BY THIS COURT IN W.P NO. 50117/2015 DATED 17.11.2020 AND THE DIRECTIONS ISSUED ON 15.02.2024 AND 19.03.2024 BY THE OFFICE OF THE 2ND RESPONDENT VIDE ANNEXURE-J AND K ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER This writ petition is filed under Articles 226 & 227 of the Constitution of India, seeking the following reliefs: - 3 - HC-KAR NC: 2025:KHC:24777 WP No. 21781 of 2024 “(i) Direct the respondent Nos. 1 to 5 in general and respondent No.4 in particular to consider the representation dated 12.02.2024 and reminder dated 12.03.2024 vide Annexure-G, G1, G2 and G3 and H submitted by the petitioner in the light of the directions issued by this Hon’ble Court on W.P.No. 50117/2015 dated 17.11.2020 and the directions issued on 15.02.2024 and 19.03.2024 by the office of the 2nd respondent vide Annexure-J and K. (ii) Further direct the respondent to pay the petitioner difference of amount while re-fixing his salary and pension and pay the same along with interest at 18 percent per annum, from the date it became due and continue to pay the same.” 2. The case of the petitioner is that he was appointed as a Physical Education Teacher on 14.06.1982 at Vidya Vardhaka Sangha High School, Saptharishi Dhama, Bangalore. The said School has been closed from the academic year 2014-15, but the petitioner was not transferred immediately to any other School by the Department. The petitioner was posted to Basaveshwara Girls High School, Rajajinagar, Bengaluru on 28.11.2014. Since the petitioner was not in service from May 2014 to - 4 - HC-KAR NC: 2025:KHC:24777 WP No. 21781 of 2024 November 2014, the fourth respondent - DDPI issued an endorsement that ‘no work, no pay’. Being aggrieved by the same, the petitioner approached this Court by filing W.P.No.50117/2014. This Court, by order dated 17.11.2020 disposed of the writ petition and directed the DDPI, Bangalore North District, to calculate the arrears of salary of the petitioner for the period from May 2014 to November 2014 and disburse the same within a period of three months along with interest @ 8% p.a. Thereafter, the respondent paid the arrears of salary. While calculating the arrears of salary, they have not granted the annual increment that was due on 01.06.2014, but it was granted only on 01.01.2015. There is a delay in granting the annual increment. Therefore, the petitioner submitted representations dated 12.02.2014 vide Annexure-G series. Thereafter, the third respondent written letters to the fourth respondent to comply with the directions issued by this Court in W.P.No.50117/2015. The communications are dated 15.02.2024 and 19.03.2024, produced as - 5 - HC-KAR NC: 2025:KHC:24777 WP No. 21781 of 2024 Annexures J and K, respectively. Inspite of that, the representation submitted by the petitioner has not been considered. 3. In view of the above, it is suffice for this Court to direct the fourth respondent – DDPI, Bangalore North District to consider the representations submitted by the petitioner vide Annexure-G series, keeping in view the directions issued by this Court in W.P.No.50117/2015 disposed of on 17.11.2020, as expeditiously as possible, not later than three months from the date of receipt of a copy of this order. 4. With the above observations, the writ petition stands disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM LIST NO.: 1 SL NO.: 53