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2025 DAILYLAW 34409 (KAR)

SRI. SIDDARAJU ADIVEPPA BETAGERI v. P. MANIVANNAN IAS

CCC/1098/2024 · 2025-01-08

M I Arun

body2025

Judgment text

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- 1 - NC: 2025:KHC:552-DB CCC No. 1098 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR JUSTICE M.I.ARUN CCC NO. 1098 OF 2024 (CIVIL) BETWEEN: 1. SRI SIDDARAJU ADIVEPPA BETAGERI AGED ABOUT 39 YEARS S/O. ADIVEPPA. Y BETAGERI WORKING AS PHYSICAL EDUCATION TEACHER MORARJI DESAI RESIDENTIAL SCHOOL DDEYAR-MALLAPURA LAKSMESHWAR TALUK GADAG DISTRICT - 582 116. 2. SHIVANAND MAYAPPANAVAR AGED ABOUT 35 YEARS S/O HANUMANTAPPA WORKING AS KANNADA TEACHER MORARJI DESAI RESIDENTIAL SCHOOL GOJANUR, LAXMESHWAR TALUK GADAG DISTRICT - 582 116. 3. KUM.MADURAI MEENAKSHI M.N. AGED ABOUT 45 YEARS D/O NARAYANASWAMYA.M. WORKING AS TEACHER MORARJI DESAI RESIDENTIAL SCHOOL KALAGHATTA, VIJAYANAGARA HOSAPETE TALUK VIJAYAPURA DISTRICT - 586 101. Digitally signed by PRABHAKAR SWETHA KRISHNAN Location: High Court of Karnataka - 2 - NC: 2025:KHC:552-DB CCC No. 1098 of 2024 4. SRI MALLAMMA BHIMAREDDY SHISHUVINAHALLI D/O BHIMARAEDDI SHISHUVINAHALLI AGED ABOUT 39 YEARS WORKING AS HINDI TEACHER DR. B.R. AMBEDKAR RESIDENTIAL GIRLS SCHOOL SHIRAGUPPI OLD NSF BUILDING VIJAYANANGAR, HUBLI - 580 032. 5. SMT. SHILPA H.S. AGED ABOUT 39 YEARS W/O SHIVASHANKARA C M WORKING AS ENGLISH TEACHER MORARJI DESAI, RESIDENTIAL SCHOOL NAGENAHALLI, HOSADURGA TALUK CHITRADURGA DISTRICT - 577 527. …COMPLAINANTS (BY SRI MADANGOUDA NARASAGOUDA PATIL, ADVOCATE) AND: 1. P. MANIVANNAN IAS PRINCIPAL SECRETARY THE STATE OF KARNATAKA DEPARTMENT OF SOCIAL WELFARE M.S. BUILDING, DR. AMBEDKAR VEEDHI BANGALORE - 560 001. 2. KANTHARAJU P.S. KARNATAKA RESIDENTIAL EDUCATIONAL INSTITUTION SOCIETY KARNATAKA SAHAKARA MARATA MAHAMANDALI BUILDING CUNNINGHAM ROAD NEAR HIGH GROUND POLICE STATION BANGALORE - 560 001. - 3 - NC: 2025:KHC:552-DB CCC No. 1098 of 2024 3. SRI PRAVEEN P. BAGEWADI EXECUTIVE DIRECTOR KARNATAKA RESIDENTIAL EDUCATIONAL INSTITUTION SOCIETY KARNATAKA SAHAKARA MARATA MAHAMANDALI BUILDING CUNNINGHAM ROAD NEAR HIGH GROUND POLICE STATION BANGALORE - 560 001. 4. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF SOCIAL WELFARE M.S. BUILDING DR. AMBEDKAR VEEDHI BANGALORE - 560 001. …ACCUSED (BY SMT. PRAMODHINI KISHAN, AGA FOR ACCUSED No.1 & 3, SRI SRINIVASA C., ADVOCATE FOR ACCUSED No.2) THIS CCC IS FILED UNDER SECTION 11 AND 12 OF CONTEMPT OF COURTS ACT, R/W ARTICLE 215 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE ACCUSED PERSONS TO COMPLY THE ORDER AND PUNISH THE ACCUSED PERSON FOR WILLFUL AND DELIBERATE VIOLATION OF THE ORDER DATED 21.02.2024 IN W.P.NO.7047/2023 (S-RES) C/W W.P.NO.5359/2022 (S-RES) W.P.NO.8591/2022 (S-RES), W.P.NO.11220/2022 (S-RES), W.P.NO.20567/2023 (S-RES) IN ANNEXURE-A. THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 4 - NC: 2025:KHC:552-DB CCC No. 1098 of 2024 CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE M.I.ARUN ORAL JUDGMENT (PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA) This contempt proceedings arose from common judgment and order dated 21.02.2024 passed by learned Single Judge disposing of group of writ petitions, in so far as the decisions related to Writ Petition Nos.7047 of 2023, 20567 of 2023, 5359 of 2022, 11220 of 2022 and 8591 of 2022. There are five petitioners. 2. Learned Single Judge directed the respondents to continue the petitioners in service as teachers/lecturers till regular recruitment is conducted in accordance with the Karnataka Residential Educational Institutions Society (Cadre and Recruitment) (Amendment) Regulations, 2021. 3. The contempt petition was filed for the alleged non-compliance of the said direction by stating that the petitioners - 5 - NC: 2025:KHC:552-DB CCC No. 1098 of 2024 were discontinued from service despite the direction to continue them in service. 4. Today when the petition came up for consideration, learned advocate Mr. C. Srinivasa for respondent No.2 files compliance affidavit dated 08.01.2025 in which it is stated inter alia that respondent No.2 has taken steps to withdraw the earlier transfer orders and the petitioners are continued in service. 4.1 Learned advocate Mr. Madangouda Narasagouda Patil for the complainants could not dispute the factum that the complainants have been permitted to be in service and that they are continuing in service. However, he sought to submit that salary is not being paid. 5. Learned advocate for respondent No.2 asserted that all the complainants are paid regular salary by respondent No.2. 6. In the aforesaid view, nothing survives in this contempt proceedings and they are not liable to be continued. 7. The contempt petition is accordingly dismissed. - 6 - NC: 2025:KHC:552-DB CCC No. 1098 of 2024 It goes without saying that continuing the complainants in service would include payment of salary. If the salary is not paid, it will give cause of action to the complainants to enforce their rights in accordance with law. Sd/- (N. V. ANJARIA) CHIEF JUSTICE Sd/- (M.I.ARUN) JUDGE KPS List No.: 1 Sl No.: 44