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2025 DAILYLAW 34893 (KAR)

SMT GIRIJADEVI M v. THE STATE OF KARNATAKA

WP/31426/2024 · 2025-01-06

S G Pandit

body2025

Judgment text

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- 1 - NC: 2025:KHC:109 WP No. 31426 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO. 31426 OF 2024 (S-RES) BETWEEN: 1. SMT. GIRIJADEVI M, AGED ABOUT 48 YEARS, D/O LATE SRI. MARAPPA, WORKING AS JUNIOR TRAINING OFFICER. 2. SRI. SANTHOSH, AGED ABOUT 46 YEARS, S/O LATE EDA MUTTAIAH, WORKING AS WORKSHOP ATTENDANT, BOTH THE PETITIONERS EMPLOYED WITH VIVEKANANDA INDUSTRIAL TRAINING INSTITUTE UPPINAMOLE (V), BR HILLS ROAD, YELANDUR TALUK - 571 44. (CHAMARAJANAGAR DISTRICT). …PETITIONERS (BY SRI. SUBHASH SRINIVASA RANGACHAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY THE PRINCIPAL SECRETARY, LABOUR DEPARTMENT, Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:109 WP No. 31426 of 2024 VIDHANA SOUDHA, DR. AMBEDKAR ROAD, BENGALURU - 560 029. 2. THE COMMISSIONER, DIRECTORATE OF EMPLOYMENT AND TRAINING, KOUSHALYA BHAVAN, BANNERGHATTA ROAD, BENGALURU - 560 029. 3. THE JOINT DIRECTOR, EMPLOYMENT AND TRAINING DEPARTMENT, DIVISIONAL OFFICE, MYSURU - 570 007. 4. THE PRINCIPAL, VIVEKANANDA ITI, UPPINAMOLE (V), B.R. HILLS ROAD, YELANDUR TALUK, CHAMARAJANAGAR - 571 441. …RESPONDENTS (BY SRI. NAVEEN CHANDRASHEKHAR, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT TO RESPONDENTS IN THE FOLLOWING MANNER; DECLARE THAT THE RESPONDENTS HAVE COMMITTED AN ILLEGALITY BY WITHHOLDING THE PETITIONERS SALARY FOR THE PERIOD FROM NOVEMBER 2013 TO AUGUST 2018 AND SHALL RELEASE THE WITH HELD SALARY FORTHWITH AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.G.PANDIT - 3 - NC: 2025:KHC:109 WP No. 31426 of 2024 ORAL ORDER The petitioners are before this Court with the following prayer: (a) declare that the Respondents have committed an illegality by withholding the Petitioners salary for the period from November 2013 to August 2018 and shall release the with held salary forthwith. (b) declare that with effect from August 2018 the Petitioners are entitled to receive their salary in accordance with 6th pay commission. 2. The petitioners claim that they are working in Vivekananda Girijana Kalyana Kendra Pvt ITI and they have not been extended the revised pay scale as granted under the 6th Pay Commission. In that regard, the petitioners were before this Court in W.P.No.18245/2018. The said writ petition was disposed of by order dated 24.05.2023 with liberty to the petitioners to make representation to respondent Nos.1 and 2. But the petitioners have not made any individual representation. The Vivekananda Girijana Kalyana Kendra Pvt ITI has submitted representation on behalf of all the staff. It is for the petitioners to make individual representation to respondent Nos.1 to 3, making out grievance with regard to - 4 - NC: 2025:KHC:109 WP No. 31426 of 2024 extending pay in terms of 6th Pay Commission. If such representation is made, I am sure that the respondents would consider the same in accordance with law. Accordingly, writ petition stands disposed off. Sd/- (S.G.PANDIT) JUDGE SMJ List No.: 1 Sl No.: 43