Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 35145 (KAR)

SRI B R DIWAKARA v. STATE OF KARNATAKA

WP/28441/2023 · 2025-02-04

S G Pandit

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:4952 WP No. 28441 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO. 28441 OF 2023 (S-RES) BETWEEN: 1. SRI B R DIWAKARA AGE:59 YEARS, S/O B C RANGEGOWDA, HONORARY PHYSICAL EDUCATION TEACHER, GOVERNMENT HIGHER PRIMARY SCHOOL, KOREGIBOMMANAHALLI POST, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT-560123 R/AT KOREGIBOMMAHALLI, TYAMGONDLU HOBLI, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT-560123. 2. SRI SREERAMAIAH S/O CHIKKARAMAIAH, AGED ABOUT 57 YEARS, HONORARY PHYSICAL EDUCATION TEACHER, GOVERNMENT HIGHER PRIMARY SCHOOL, BALLAGERE, DODDABALE POST, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT, R/AT SIDDAPANNAPALYA, HULUKANTE (PO), DODDABALAPUR TALUK, BANGALORE RURAL DISTRICT. 3. SRI M R NARASIMHAMURTHY AGED ABOUT 59 YEARS, S/O SRI RAJANNA, HONORARY PHYSICAL EDUCATION TEACHER, GOVERNMENT HIGHER PRIMARY SCHOOL, ISUVANAHALLI, NELAMANGALA TALUK, Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:4952 WP No. 28441 of 2023 BANGALORE RURAL DISTRICT-560123 R/A AT AND POST, NELAMANGALA TOWN, BANGALORE RURAL DISTRICT-560123. 4. CHANNA KESHAVA MURTHY C S/O CHANNARAYAPPA AGED ABOUT 57 YEARS HONORARY PHYSICAL EDUCATION TEACHER, GOVERNMENT HIGHER PRIMARY SCHOOL, KOLIGERE POST, DODDABELAVANGALA HOBLI, DODDABALLAPURA TALUK, BANGALORE RURAL DISTRICT, R/AT KOLIGERE POST, DODDABELAVANGALA HOBLI, DODDABALLAPURA TALUK, BANGALORE RURAL DISTRICT. 5. SRI B GANGARAJU AGE: 57 YEARS S/O BANAVE GOWDA HONORARY PHYSICAL EDUCATION TEACHER, GOVERNMENT HIGHER PRIMARY TEACHER KADATHIPUR, BHAKTHARAHALLI (PO), DODDABALLAPURA TALUK, BANGALORE RURAL DISTRICT R/AT KADATHIPUR, BHAKTHARAHALLI (PO), DODDABALLAPURA TALUK BANGALORE RURAL DISTRICT. 6. SRI T RAMESH AGE: 59 YEARS, S/O M S THIMMARAYAPPA, HONORARY PHYSICAL EDUCATION TEACHER, GOVERNMENT HIGHER PRIMARY SCHOOL, HEDAKANAHALLI KORATI (PO), HOSAKOTE TALUK, BANGALORE RURAL DISTRICT-562 122, R/AT KAVERINAGAR, II CROSS, KANNURAHALLI MAIN ROAD, M V EXTENSION, HOSAKOTE, BANGALORE RURAL DISTRICT-562 114. 7. GOVINDAPPA K AGED ABOUT 61 YEARS, S/O KARETHIMMAIAH, - 3 - NC: 2025:KHC:4952 WP No. 28441 of 2023 RTD. HONORARY PHYSICAL EDUCATION TEACHER, GOVERNMENT HIGHER PRIMARY SCHOOL, R/AT HALAPANAHALLI, DODDABALLAPURA TALUK, BANGALORE RURAL DISTRICT. 8. NINGAPPA S AGED ABOUT 62 YEARS, S/O SIDDAPPA, RTD. HONORARY PHYSICAL EDUCATION TEACHER, GOVERNMENT HIGHER PRIMARY SCHOOL, R/AT SIDDAYANAPALYA, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT-562132. 9. SRI. RAMACHANDRAIAH V AGED ABOUT 62 YEARS, S/O VEERANNA, RTD. HONORARY PHYSICAL EDUCATION TEACHER, GOVERNMENT HIGHER PRIMARY SCHOOL, R/AT KHALIPALYA, BHAKTHARAHALLI (PO), SASALU HOBLI, DODDABALLAPUR TALUK, BANGALORE RURAL DISTRICT. 10. SRI PARAMASHIVAIAH AGED ABOUT 61 YEARS, S/O LATE SRI MAHALINGAIAH, RTD. HONORARY PHYSICAL EDUCATION TEACHER, GOVERNMENT HIGHER PRIMARY SCHOOL, R/AT NO.48, M.I.G.II, K H B COLONY, KETHAGANAHALLI ROAD, BIDADI HOBLI, RAMANAGARAM TALUK AND DISTRICT-562109. 11. SRI S N VENKATESH AGED ABOUT 56 YEARS, S/O SRI S P NATARAJU, HONORARY PHYSICAL EDUCATION TEACHER, GOVERNMENT HIGHER PRIMARY SCHOOL, DALIMBA, SATHANUR (PO), KANAKAPURA TALUK, RAMANAGARAM DISTRICT-562726, R/AT SATHANUR, KANAKAPURA TALUK, RAMANAGARAM DISTRICT-562726. - 4 - NC: 2025:KHC:4952 WP No. 28441 of 2023 12. SRI A M VEERABHADRAPPA AGED ABOUT 57 YEARS, S/O LATE MUDDAPPA, HONORARY PHYSICAL EDUCATION TEACHER, GOVERNMENT HIGHER PRIMARY SCHOOL, ARACHAKARAHALLI, RAMANAGARA TOWN, RAMANAGARA DISTRICT-562159 R/AT ANNJANNAPURA (PO) KALLANCHA HOBLI, RAMANAGARA TALUK, RAMANAGARA DISTRICT-562159. 13. SRI R M SHEKAR AGED ABOUT 53 YEARS, S/O LATE M RAMAIAH, HONORARY PHYSICAL EDUCATION TEACHER, GOVERNMENT HIGHER PRIMARY SCHOOL, KADIPURA, RAMANAGARA TOWN, RAMANAGARA DISTRICT-562159 R/AT 24389, VINAYAKANAGAR, 6TH CROSS, RAMANAGARA TOWN, RAMANAGARA DISTRICT-562159. 14. SRI. RAMESHA AGED ABOUT 56 YEARS, S/O SRI BOREGOWDA, HONORARY PHYSICAL EDUCATION TEACHER, GOVERNMENT HIGHER PRIMARY SCHOOL, ATHIHALLI, KANAKAPURA TALUK, RAMANAGARA DISTRICT-562126 R/AT ATHIHALLI, SATHNUR HOBLI, KANAKAPURA TALUK, RAMANAGARA DISTRICT-562126. 15. SRI. MARISWAMY AGED ABOUT 62 YEARS, S/O LATE KARI GOWDA, RTD. HONORARY PHYSICAL EDUCATION TEACHER, GOVERNMENT HIGHER PRIMARY SCHOOL, R/AT YELLEHOSAHALLI, KANVA (PO), CHANNAPATNA TALUK, RAMANAGARAM DISTRICT-562160. 16. SRI K.B. NAGARAJAIAH AGED ABOUT 61 YEARS, S/O BYRAPPA, - 5 - NC: 2025:KHC:4952 WP No. 28441 of 2023 RTD. HONORARY PHYSICAL EDUCATION TEACHER, GOVERNMENT HIGHER PRIMARY SCHOOL, R/AT KUMBARADODDI, SUGGANAHALLI (PO), RAMANAGARA TALUK, RAMANAGARA DISTRICT-562128. 17. SRI.M N RANGANATHE GOWDA AGED ABOUT 54 YEARS, S/O LATE SRI NADUKERI GOWDA, HONORARY PHYSICAL EDUCATION TEACHER, GOVERNMENT HIGHER PRIMARY SCHOOL, MALURUPATNA, CHANNAPATNA TALUK, RAMANAGARA DISTRICT-562160 R/AT MUDEGERE VILLAGE AND POST, CHANNAPATNA TALUK, RAMANAGARA DISTRICT-562160. 18. KALAIAH AGED ABOUT 62 YEARS, S/O NARASAIAH, RTD. HONORARY PHYSICAL EDUCATION TEACHER, GOVERNMENT HIGHER PRIMARY SCHOOL, R/AT NAGAVARA, CHANNAPATNA TALUK, RAMANAGARA DISTRICT. 19. SRI. B.C. VENKATESHAIAH AGED ABOUT 59 YEARS, S/O LATE SRI CHANNE GOWDA, HONORARY PHYSICAL EDUCATION TEACHER, GOVERNMENT HIGHER PRIMARY SCHOOL, BELLEGERE, DODDABELLE (PO) TYAMAGUNDLU HOBLI, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT-563132 R/AT BHADRAPURA, PURUSHANAHALLI (PO) MADURI HOBLI, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT-561204. 20. SRI Y T DODDEGOWDA AGED ABOUT 54 YEARS, S/O SRI THIMMARAYAPPA, HONORARY PHYSICAL EDUCATION TEACHER, GOVERNMENT HIGHER PRIMARY SCHOOL, BARADI, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT-562123 - 6 - NC: 2025:KHC:4952 WP No. 28441 of 2023 R/AT YARAMANCHANAHALLI, T. BEGURU (PO), NELAMANGALA TALUK, BENGALURU RURAL DISTRICT-562123. 21. SRI. T. ANJANAPPA AGED ABOUT 61 YEARS, S/O SRI THIMAPPA, RTD. HONORARY PHYSICAL EDUCATION TEACHER, GOVERNMENT HIGHER PRIMARY SCHOOL, R/AT BHADRAIAH BUILDING, RENUKANAGAR, DODDABALLAPURA ROAD, NELAMANGALA, BENGALURU RURAL DISTRICT-562123. 22. SRI.M.C. JAYARAMU AGED ABOUT 61 YEARS, S/O LATE SRI CHOWDAIAH, RTD. HONORARY PHYSICAL EDUCATION TEACHER, GOVERNMENT HIGHER PRIMARY SCHOOL, R/AT SURABHI NILAYA, NEAR SUMATHI SCHOOL, C M EXTENSION, KYATHASANDRA, TUMKUR DISTRICT-572104. 23. SRI H NARASHIMAMURTHY AGED ABOUT 59 YEARS, S/O SRI. HANUMAIAH, HONORARY PHYSICAL EDUCATION TEACHER, GOVERNMENT HIGHER PRIMARY SCHOOL, MANCHENAHALLI, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT-562132 R/AT HANCHIPURA, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT-562132. 24. SRI.G.C. SURESH AGED ABOUT 59 YEARS, S/O SRI CHIKKAHUCHAIAH, HONORARY PHYSICAL EDUCATION TEACHER, GOVERNMENT HIGHER PRIMARY SCHOOL, KODIHALLI, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT-562132 R/AT GOVENAHALLI, KUTAVANAHALLI (PO), NELAMANGALA TALUK, BENGALURU RURAL DISTRICT-562132. - 7 - NC: 2025:KHC:4952 WP No. 28441 of 2023 25. SRI. D.S. JAGADEESHAIAH AGED ABOUT 57 YEARS, S/O SRI SIDDAPPA, HONORARY PHYSICAL EDUCATION TEACHER, GOVERNMENT HIGHER PRIMARY SCHOOL, HONNENNAHALLI, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT-562111 R/AT DASENAHALLI, NIDAVANDA POST, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT-562132. 26. SRI H N UMESH KUMAR AGED ABOUT 59 YEARS, S/O SRI NARASAIAH, HONORARY PHYSICAL EDUCATION TEACHER, GOVERNMENT HIGHER PRIMARY SCHOOL, YELEKYATHANAHALLI, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT-562111 R/AT HULLARIVE, MARALAKUNTE POST, SOMAPURA HOBLI, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT-562111. 27. SRI G VIJAYAKUMAR AGED ABOUT 57 YEARS, S/O SRI GANGAPPA, HONORARY PHYSICAL EDUCATION TEACHER, GOVERNMENT HIGHER PRIMARY SCHOOL, HALENIJAGAL, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT,-562111 R/AT KEATHOHALLI, KOTTIGE GOLLAHALLI POST, GULUR HOBLI, TUMKUR TALUK AND DISTRICT-572104. 28. SRI. VEERANNA K C AGED ABOUT 62 YEARS, S/O CHANNAVEERAIAH V, RTD. HONORARY PHYSICAL EDUCATION TEACHER, GOVERNMENT HIGHER PRIMARY SCHOOL, R/AT KODIHALLI, KANASAVADI POST, MADHURE HOBLI, DODDABALLAPUR TALUK, BANGALORE RURAL DISTRICT. 29. SRI.R. SREERANGAIAH AGED ABOUT 59 YEARS, S/O SRI. RANGAPPA, - 8 - NC: 2025:KHC:4952 WP No. 28441 of 2023 HONORARY PHYSICAL EDUCATION TEACHER, GOVERNMENT HIGHER PRIMARY SCHOOL, MACHENAHALLI, SASALU POST, DODDABALLAPUR TALUK, BENGALURU RURAL DISTRICT-561203 R/AT KADAHALAPANAHALLI AND POST, DODDABALLAPUR TALUK, BENGALURU RURAL DISTRICT-561203. 30. SRI.A. BYLAPPA AGED ABOUT 63 YEARS, S/O SRI. AJJAPPA, RTD. HONORARY PHYSICAL EDUCATION TEACHER, R/OF KODIHALLI, MADURE HOBLI, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT-562203. 31. SRI H. NARAYANA S/O SRI HANUMANTHAIAH, AGED ABOUT 62 YEARS, RTD. HONORARY PHYSICAL EDUCATION TEACHER, GOVERNMENT HIGHER PRIMARY SCHOOL, R/OF SHAKALADEVEPURA POST, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT-561203. 32. VENKATESHA MURTHY C G AGED ABOUT 58 YEARS, S/O C.D. GOVINDAIAH, HONORARY PHYSICAL EDUCATION TEACHER, GOVERNMENT HIGHER PRIMARY SCHOOL, CHIKKAELAVANGALA, DODDABELAVANGALA HOBLI, DODDABALLAPURA TALUK, R/AT CHIKKABELAVANGALA DODDABELAVANGALA HOBLI, DODDABALLPURA TALUK, BENGALURU RURAL DISTRICT. 33. SRI.G. NARAYANAPPA AGED ABOUT 65 YEARS, S/O SRI. GANGARAMAIAH, RTD. HONORARY PHYSICAL EDUCATION TEACHER, GOVERNMENT HIGHER PRIMARY SCHOOL, R/OF KANASAVADI, MADURE HOBLI, - 9 - NC: 2025:KHC:4952 WP No. 28441 of 2023 DODDABALLAPURA, BANGALORE RURAL DISTRICT-561203. 34. SRI H.C. SHASHIDHARA AGED ABOUT 65 YEARS, S/O SRI H.K. CHANNAPPA, RTD. HONORARY PHYSICAL EDUCATION TEACHER, GOVERNMENT HIGHER PRIMARY SCHOOL, R/OF HADRIPURA, KADANURU POST, DODDABALLAPURA TALUK, BANGALORE RURAL DISTRICT-561203. 35. SRI.S. SURYAPRAKASH AGED ABOUT 61 YEARS, S/O SRI. M. SUBBAIAH, RTD. HONORARY PHYSICAL EDUCATION TEACHER, GOVERNMENT HIGHER PRIMARY SCHOOL, R/AT KANASAVADI AT AND POST, MADHURE HOBLI, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT-561203. 36. SRI K M MUTHARAYAPPA AGED ABOUT 61 YEARS, S/O SRI MUTHARAYAPPA, RTD. HONORARY PHYSICAL EDUCATION TEACHER, GOVERNMENT HIGHER PRIMARY SCHOOL, R/AT KADAHALAPANAHALLI AND POST, SASALU HOBLI, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT-561203. 37. SRI.G. BALANAGAREDDY S/O SRI K.C. GANGAREDDY, AGED ABOUT 63 YEARS, RTD. HONORARY PHYSICAL EDUCATION TEACHER, GOVERNMENT HIGHER PRIMARY SCHOOL, R/OF KADUKUNTE, HOSAHALLIL POST, DODDABALLAPURA TALUK, BANGALORE RURAL DISTRICT-561203. 38. SRI S P RAJASHEKARAIAH AGED ABOUT 55 YEARS, S/O SRI. S.V. PATTADAIAH, HONORARY PHYSICAL EDUCATION TEACHER, GOVERNMENT HIGHER PRIMARY SCHOOL, MENASI, ARALUMALIGE POST AND VILLAGE, DODDABALLAPURA TALUK, - 10 - NC: 2025:KHC:4952 WP No. 28441 of 2023 BENGALURU RURAL DISTRICT-561203 R/AT VINAYAKANAGARA, 5TH CROSS, DODDABALLAPUR TALUK, BENGALURU RURAL DISTRICT-561203. 39. SRI.N. LAKSHMINARAYANA AGED ABOUT 59 YEARS, S/O SRI. NADIPANNA, HONORARY PHYSICAL EDUCATION TEACHER, GOVERNMENT HIGHER PRIMARY SCHOOL, GUNJUR, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT-561203 R/AT GUNDAMAGERE, DODDABALLAPUR TALUK, BENGALURU RURAL DISTRICT-561203. 40. SRI. RAMAIAH AGED ABOUT 59 YEARS, S/O SRI NANJAPPA, HONORARY PHYSICAL EDUCATION TEACHER, GOVERNMENT HIGHER PRIMARY SCHOOL, CHIKKANAHALLI, HANABE POST, DODDABELAVANGALA HOBLI, DODDABALLAPUR TALUK, BENGALURU RURAL DISTRICT-561203 R/AT KONENAHALLI, SAKKARE GOLLAHALLI POST, DODDABELAVANGALA HOBLI, DODDABALLAPUR TALUK, BENGALURU RURAL DISTRICT-561203. 41. SRI. VENKATESHIAH C AGED ABOUT 59 YEARS, S/O CHIKKARANGAIAH, HONORARY PHYSICAL EDUCATION TEACHER, GOVERNMENT HIGHER PRIMARY SCHOOL, CHIKKANANKANALA, KOLIGERE POST, DODDABELLAVANGALA HOBLI, DODDABALLAPUR TALUK, BANGALORE RURAL DISTRICT, R/AT CHIKKANANKANALA, KOLIGERE POST, DODDABELLAVANGALA HOBLI, DODDABALLAPURA TALUK, BANGALORE RURAL DISTRICT. …PETITIONERS (BY SRI. CHAMARAJ M., ADV.) - 11 - NC: 2025:KHC:4952 WP No. 28441 of 2023 AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY EDUCATION DEPARTMENT M S BUILDING, BENGALURU 01. 2. COMMISSIONER OF PUBLIC INSTRUCTIONS BENGALURU REGION NRUPATUNGA ROAD BENGALURU 560001. 3. DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS BENGALURU RURAL DISTRICT BENGALURU-560001. 4. DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS RAMANAGARA DISTRICT, RAMANAGARA-562159. 5. CHIEF EXECUTIVE OFFICER ZILLA PANCHAYATH BENGALURU RURAL DISTRICT BENGALURU-560001. 6. CHIEF EXECUTIVE OFFICER ZILLA PANCHAYATH, RAMANAGARA DISTRICT, RAMANAGARA-562159. …RESPONDENTS (BY SMT. PRATHIBHA R.K., AGA) THIS PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO I) DIRECTING THE RESPONDENTS TO CONSIDER THE REPRESENTATION DATED 08/09/2022 VIDE ANNEXURE-H AND EXTEND THE BENEFITS OF THE REVISED BENEFITS AS PER GO NO. ED3 PMA 2008, BENGALURU DATED 20/01/2011 VIDE ANNEXURE-E AND ED 38 PMA 2011 DATED 06/08/2012 VIDE ANNEXURE-E1, TO THE PETITIONERS 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 - 12 - NC: 2025:KHC:4952 WP No. 28441 of 2023 ORAL ORDER Learned Additional Government Advocate Smt.Prathibha.R.K., accepts notice for respondents. 2. Heard learned counsel Sri.Chamaraj.M., for petitioners and learned Additional Government Advocate Smt.Prathibha.R.K., for respondents. Perused the writ petition papers. 3. Learned counsel for the petitioners would submit that the petitioners who are retired Honorary Physical Education Teachers are before this Court praying for a writ of mandamus directing respondents to consider representation dated 06.05.2022 (Annexure-H) wherein they prayed for extension of benefits of revised benefits granted under Government Order bearing No.ED38 PMA 2011 dated 06.08.2012 (Annexure-E) and Government Order bearing No.ED 35 PBS 2011 dated 15.09.2016 (Annexure-E1) along with arrears. Learned counsel would submit that under the Government orders referred to - 13 - NC: 2025:KHC:4952 WP No. 28441 of 2023 above, the State Government has equated pay scale of trained and non-trained teachers and the petitioners have sought for the same benefits. 4. On the other hand, learned Additional Government Advocate Smt.Prathibha.R.K., for respondents would submit that the request of the petitioners would be considered in accordance with law and orders would be passed within a reasonable time. 5. The petitioners claim that they are retired Honorary Physical Education Teachers and they have sought extension of certain benefits extended under the Government Order bearing No.ED38 PMA 2011 dated 06.08.2012 (Annexure-E) and Government Order bearing No.ED 35 PBS 2011 dated 15.09.2016 (Annexure-E1). In that regard, petitioners have submitted representation as at Annexure-H dated 06.05.2022. The respondent No.1 is duty bound to consider the said representation. Hence, the following: - 14 - NC: 2025:KHC:4952 WP No. 28441 of 2023 ORDER a) The respondent No.1 is directed to consider the representation dated 06.05.2022 (Annexure-H) and pass appropriate order in accordance with law, within a period of three months from today and communicate the same to the petitioners. b) With the above, writ petition stands disposed of. Sd/- (S.G.PANDIT) JUDGE NC CT:bms List No.: 1 Sl No.: 20