- 1 - NC: 2025:KHC:884 WP No. 20208 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO. 20208 OF 2023 (S-RES) BETWEEN: 1. SRI BIDARAMBIKA VIDYA SAMSTHE® REP. BY ITS SECRETARY KANTHARAJU N B AGED ABOUT 60 YEARS, R/AT HONNAVALLI, TIPATURU TALUK TUMAKURU DISTRICT-572201 (REGISTERED UNDER SOCIETIES REGISTRATION ACT) 2. L M DHARMA NAIK S/O MADHUR NAIK AGED ABOUT 55 YEARS, WORKING AS LECTURER IN ENGLISH SRI BIDARAMBIKA P U COLLEGE, HONNAVALLI, TIPATURU TALUK TUMAKURU DISTRICT-572201. …PETITIONERS (BY SRI. VINOD PRASAD, ADV. AND SRI S.S. PRARIKSHIT, ADV.) AND: 1. STATE OF KARNATAKA REP. BY ITS SECRETARY TO THE DEPARTMENT OF EDUCATION M S BUILDING BENGALURU-560001. 2. THE DIRECTOR OF PRE UNIVERSITY EDUCATION BOARD 18TH CROSS, MALLESWARAM BENGALURU-560003. Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:884 WP No. 20208 of 2023 3. JOINT DIRECTOR PRE- UNIVERSITY EDUCATION BOARD 18TH CROSS, MALLESHWARAM BENGALURU-560003. 4. DEPUTY DIRECTOR DEPARTMENT OF P U BOARD B H ROAD TUMAKURU-572101. …RESPONDENTS (BY SMT. PRATHIBHA R.K., GA FOR R1 TO R4) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO RELEASE THE ARREARS OF SALARY WITH EFFECT FROM 30.01.2008 TO THE 2ND PETITIONER AS PER THE ORDER PASSED BY THE R2 ON 02.09.2022 VIDE ANNEXURE-B AND RECOMMENDATION MADE BY THE R4 DATED 02.12.2022 VIDE ANNEXURE-C. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.G.PANDIT ORAL ORDER Though the matter is listed in the ‘Orders list’, with the consent of learned counsel appearing for the parties, the same is taken up for final disposal. 2. Petitioner No.2, who is working as English Lecturer at Bidarambika Vidya Samsthe® is before this Court under Article 226 of the Constitution of India praying for a direction to the respondents to release the arrears of - 3 - NC: 2025:KHC:884 WP No. 20208 of 2023 salary from 30.01.2008, as per the order passed by second respondent on 02.09.2022 (Annexure-B) and recommendation made by fourth respondent dated 02.12.2022 (Annexure-C). 3. Heard the learned counsel Sri.Vinod Prasad and Sri.S.S.Parikshit for petitioners and learned Additional Government advocate Smt.Prathibha.R.K., for respondent Nos.1 to 4. Perused the writ petition papers. 4. Learned counsel for the petitioners would submit that the second petitioner who is working as English Lecturer in the first petitioner-College since 2008 is not paid salary, though he worked in the said college. 5. Per contra, learned Additional Government Advocate appearing on behalf of the respondents would invite attention of this Court to the report of the Inspection Team placed on record at Annexure-R10 dated 30.10.2023 and submits that report indicates that the second petitioner though signed in the attendance registrar, has - 4 - NC: 2025:KHC:884 WP No. 20208 of 2023 not conducted the classes or participated in any of the activities of the College. Therefore, it is submitted that the second petitioner would not be entitled for any salary. 6. The petitioner No.2 claims that he has worked and claims salary, whereas respondents based on Annexure-R10-report submits that though the second petitioner has signed the attendance, he has not conducted classes and not participated in the activities of the College, which becomes a disputed question of fact. The disputed question of fact cannot be gone into under Article 226 of the Constitution of India. Therefore, it would be appropriate for second respondent – Director of Pre- University Education Board to conduct an enquiry and to find out as to whether the second petitioner worked from 2008 onwards in the first petitioner-Institution and if the second respondent comes to the conclusion that second petitioner has worked in the first respondent-College, then appropriate action to be take for considering the request - 5 - NC: 2025:KHC:884 WP No. 20208 of 2023 of second petitioner for payment of salary from 2008 onwards. 7. The respondents shall make available all the documents on which they place reliance to deny salary to the second petitioner before the Enquiry Officer. The second respondent shall conduct enquiry and complete the enquiry within three months. 8. With the above, writ petition stands disposed of. Sd/- (S.G.PANDIT) JUDGE NC CT:bms List No.: 1 Sl No.: 9