- 1 - NC: 2025:KHC:553-DB CCC No. 1096 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. 1096 OF 2024 (CIVIL) BETWEEN: 1. BASAVARAJ Y AMMINABHAVI S/O YALLAPPA, AGED ABOUT 47 YEARS WORKING AS HINDI TEACHER , MORARJI DESAI RESIDENTIAL SCHOOL MATTIGATI, KUNDGOL TALUK, DHARWAD DISTRICT - 580 028. …COMPLAINANT (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. SECRETARY KARNATAKA RESIDENTIAL EDUCATIONAL INSTITUTION SOCIETY KARNATAKA SAHAKARA MARATA MAHAMANDALI BUILDING, CUNNINGHAM ROAD NEAR HIGH GROUND POLICE STATION BANGALORE - 560 001. Digitally signed by PRABHAKAR SWETHA KRISHNAN Location: High Court of Karnataka - 2 - NC: 2025:KHC:553-DB CCC No. 1096 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. P SHUBHA THE JOINT DIRECTOR DEPARTMENT OF SOCIAL WELFARE DHARWAD - 580 001. …ACCUSED 5. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF SOCIAL WELFARE M.S.BUILDING DR.AMBEDKAR VEEDHI BENGALURU-560 001. …PRO FORMA RESPONDENT (BY SMT. PRAMODHINI KISHAN, AGA FOR ACCUSED NOS.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 26.02.2024 IN W.P.NO.5089/2024 (S-RES) IN ANNEXURE-A. THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - NC: 2025:KHC:553-DB CCC No. 1096 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 arise out the judgment and order dated 26.02.2024 passed by learned Single Judge disposing of the writ petition. 2. Learned Single Judge directed the respondents not to relieve the petitioners if they are still rendering their service in respondent No.3 - Society against the vacancies subject to filling up of those vacant posts through proper recruitment process. 3. The contempt petition was filed for the alleged non-compliance of the said direction by stating that the complainant was discontinued from service despite the direction to continue him 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 - 4 - NC: 2025:KHC:553-DB CCC No. 1096 of 2024 respondent No.2 has taken steps to withdraw the earlier transfer orders and the complainant is continued in service. 4.1 Learned advocate Mr. Madangouda Narasagouda Patil for the complainant could not dispute the factum that the complainant is permitted to be in service and that he is continuing in service. However, he sought to submit that salary is not being paid. 5. Learned advocate for respondent No.2 asserted that the complainant is 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. It goes without saying that continuing the complainant in service would include payment of salary. If the salary is not paid, it will give cause of action to the complainant to enforce his rights in accordance with law. Sd/- (N. V. ANJARIA) CHIEF JUSTICE Sd/- (M.I.ARUN) JUDGE KPS List No.: 1 Sl No.: 49