- 1 - NC: 2025:KHC:488 WP No. 27242 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO. 27242 OF 2024 (S-RES) BETWEEN: SRI. MUDDUKRISHNA AGED ABOUT 55 YEARS, S/O SRI VENKATESHAPPA ALIAS VENKATARAVANAPPA ALIAS CHIKKAVENKATARAVANAPPA, ATTENDER (GROUP-D) PEDDURU GRAMA PANCHAYAT PEDDURU, MURUGAMALLA HOBLI, CHINTAMANI TALUK, CHIKKABALLAPURA DISTRICT - 563124. …PETITIONER (BY SRI. G M SRINIVASAREDDY, ADV.) AND: 1. STATE OF KARNATAKA REP. ITS SECRETARY, DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYATH RAJ, M.S.BUILDING, BENGALURU - 560001. 2. THE CHIEF EXEUCTIVE OFFICER ZILLA PANCHAYATH, CHIKKABALLAPURA - 562101. 3. THE EXECUTIVE OFFICER TALUK PANCHAYATH CHINTAMANI TALUK, CHINTAMANI CHIKKABALLAPURA DISTRICT- 563125. 4. THE PRESIDENT PEDDURU GRAMA PANCHAYAT PEDDURU, MURUGAMALLA HOBLI CHINTAMANI TALUK, CHIKKABALLAPURA DISTRICT - 563124. Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:488 WP No. 27242 of 2024 5. THE PANCHAYAT DEVELOPMENT OFFICER PEDDURU GRAMA PANCHAYAT PEDDURU, MURUGAMALLA HOBLI CHINTAMANI TALUK, CHIKKABALLAPURA DISTRICT - 563124. …RESPONDENTS (BY SRI.NAVEEN CHANDRASHEKHAR, AGA FOR R1 SRI M.S. DEVARAJ, ADV. FOR R2 TO R5) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-5 TO CONSIDER THE REPRESENTATION 05.06.2024 VIDE ANNEXURE-J AND DIRECT THE RESPONDENTS TO RELEASE THE UNPAID SALARY TO THE PETITIONER IMMEDIATELY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.G.PANDIT ORAL ORDER Head the learned counsel Sri.G.M.Srinivasareddy for petitioner, learned Additional Government Advocate Sri.Naveen Chandrashekhar for respondent No.1 as well as learned counsel Sri.M.S.Devaraj for respondent Nos.2 to 5. Perused the writ petition papers. 2. Petitioner, claiming to be working as Attender in the fourth respondent Pedduru Grama Panchayat is before this Court under Article 226 of the Constitution of India paying for a writ of mandamus directing respondent No.5 - 3 - NC: 2025:KHC:488 WP No. 27242 of 2024 to consider representation dated 05.06.2024 (Annexure-J) and to release the unpaid salary to the petitioner immediately. 3. Learned counsel for the petitioner would submit that though petitioner is working as Attender, his salary has not been released since 14.01.2023. It is submitted that for the last one year, fourth respondent has not paid salary on one or the other ground and Panchayat Development Officer of the Grama Panchayat informed that there is no fund in the Grama Panchayat. Learned counsel would also submit that petitioner had made a representation to the third respondent – Taluka Panchayath and the CEO under Annexure-K dated 10.06.2024 had forwarded his representation to the fourth respondent for consideration. But, the fourth respondent has not taken any action on the said representation also. Learned counsel would submit that since the petitioner is not paid salary, it has become difficult for his livelihood and his family is suffering due to non-payment of salary. - 4 - NC: 2025:KHC:488 WP No. 27242 of 2024 4. Per contra, learned counsel Sri.M.S.Devaraj would submit that petitioner is paid salary for the period during which he worked. He submits that from January- 2023 onwards, the petitioner has not worked and he is not attending the office. Learned counsel Sri.M.S.Devaraj referring to the statement of objections filed and Annexure-R1, submits that the petitioner has remained absent and since the petitioner has remained absent and not worked, he is not paid salary. Thus, he prays for dismissal of the writ petition. 5. Having heard the learned counsel appearing for the parties and on perusal of the writ petition papers, I am of the view that the writ petition involves disputed question of fact as to whether the petitioner has worked in the fourth respondent – Panchayat or not during last one year. 6. It is for the fourth and fifth respondents to verify and if the petitioner has worked, the respondent Nos.4 and 5 are obliged to pay the salary for the days - 5 - NC: 2025:KHC:488 WP No. 27242 of 2024 during which the petitioner has worked. If the petitioner has not worked and he has remained absent, certainly, he would not be entitled for the salary. In the above circumstances, the following: ORDER a) Respondent Nos.4 and 5 are directed to consider the representation as at Annexure-J dated 05.06.2024 and pass appropriate order in the matter of payment of salary to the petitioner, if he has worked during the period for which the petitioner is claiming salary. b) Time for compliance: 45 days from the date of uploading this order. Sd/- (S.G.PANDIT) JUDGE NC CT:bms List No.: 1 Sl No.: 6