- 1 - HC-KAR NC: 2025:KHC:33125 WP No. 17043 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 17043 OF 2025 (S-RES) BETWEEN: SRI MANOHAR NAIK R S/O REKHIYA NAIK AGED ABOUT 53 YEARS R/O SHAKTHI BADAVANE ROAD MULLUSOGE, KUSHALNAGAR KODAGU DISTRICT-571234 …PETITIONER (BY SRI. SHASTRI GANAPATI SHRIPAD., ADVOCATE) AND: 1. COMMISSIONER DEPARTMENT OF SCHOOL EDUCATION NRUPATUNGA ROAD, BENGALURU-560001. 2. DIRECTOR (HIGHER EDUCATION) PUBLIC INSTRUCTION DEPARTMENT NRUPATUNGA ROAD,BENGALURU-560001. 3. DEPUTY DIRECTOR PUBLIC INSTRUCTION DEPARTMENT MADIKERI, KODAGU DISTRICT-571201. 4. BLOCK EDUCATION OFFICER SCHOOL EDUCATION DEPARTMENT MADIKERI, KODAGU DISTRICT-571201. 5. NARIYANDADA CENTRE EDUCATION SOCIETY CHEYANDANE, MADIKERI TALUK KODAGU DICTRICT-571212 REP BY ITS PRESIDENT. Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33125 WP No. 17043 of 2025 6. NARIYANDA CENTRE HIGH SCHOOL MADIKERI TALUK, KODAGU DICTRICT-571212 REP. BY ITS SECRETARY. …RESPONDENTS (BY SRI. VIKAS R., AGA FPR R1 TO R4: R5 & R6 ARE SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT TO PERMIT THE PETITIONER TO DO HIS SCHOOL DUTY IN SIXTH RESPONDENT SCHOOL AND FURTHER DIRECTING THEM TO PAY FULL SALARY FROM 10.07.2023 I.E DATE OF REVOCATION OF SUSPENSION TO PETITIONER AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ’B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. In this writ petition, the petitioner has sought for the following reliefs: (i) Issue a writ of mandamus directing the respondents to permit the petitioner to do his school duty in sixth respondent school and further directing them to pay full salary from 10-07-2023 i.e date of revocation of suspension, to petitioner - 3 - HC-KAR NC: 2025:KHC:33125 WP No. 17043 of 2025 (ii) Issue writ of mandamus directing the respondents to pay all due service benefits to petitioner (iii) Issue any appropriate writ, order or direction in the Circumstances of the case including an order as to costs to meet the ends of justice. 2. The case of the petitioner is that he was appointed as Hindi Teacher in respondent No.6, School on 17.04.1998. Thereafter, he was promoted to the post of Head Master on 01.03.2008 and it was approved on 01.08.2008. When he was working as Head Master, he was suspended from service on 10.01.2023 based on a case registered against the petitioner in Crime No.1/2023. Thereafter, the Management has revoked the suspension order, but did not allow the petitioner to work in the Institution and the Department also has not paid the salary. Therefore, he submitted a representation to the respondent No.3, Deputy Director. The respondent No.3-Deputy Director vide memorandum dated 31.01.2024 at Annexure-O has directed the Block Education Officer, Madikeri to take steps - 4 - HC-KAR NC: 2025:KHC:33125 WP No. 17043 of 2025 to pay salary to the petitioner in accordance with law. Inspite of that, the respondent No.4 has not taken any steps. Hence, the petitioner is before this Court. 3. As per memorandum dated 31.01.2024 at Annexure-O, the respondent No.3-Deputy Director has given a specific direction to the Block Education Officer to take steps to pay salary to the petitioner. The memorandum dated 31.01.2024 at Annexure-O is extracted below: “¸ÀASÉå:f1.zÀÆgÀÄ/09/2022-23 ΐėỳгу:31.01.2024 ΤẂў: Υł† ќė’―†ẄџėỳўĨ. жφ ќ—фŁΥƒуџ— їΠўгѕя Ę„łёģỳĠ’ ĉ’ўŁгĐỳĒ’, ќΉĄ’†Π ēỳґ―ńу— зẀџ еĜỳїѓ—ķ џѕ—ĹјΉΧџ—Ẁ÷ѕΠгѕ Ģ’†ѓї ĘỳẀΎ Ĝỳяґ— жяΣѓ ќгяΣ Ą’―†Πџ—ẀњĆ’Ī. йĠ’ń†ф:1.¤ªÀÄä ¥ÀvÀæ ¸ÀASÉå ¹7 C.±Á.² §./2023-24 ¢£ÁAPÀ:12-12-2023 2.ΐėỳгу:15-11-2023џїΠўгѕяĄ’†гѕłнъ—Ą’†Ẃο ĥ’―ĥ’‡·ĉ’ўŁгĐỳĒ’зẀџюĞỳẀ÷Λ†Ğ’Ć’ - 5 - HC-KAR NC: 2025:KHC:33125 WP No. 17043 of 2025 Υł† ќė’―†ẄџėỳўĨ.жφ ќ—фŁΥƒуџ— їΠўгѕя Ę„łёģỳĠ’ ĉ’ўŁгĐỳĒ’, ќΉĄ’†Π ēỳґ―ńу— зẀџ еĜỳїѓ—ķẀї—Ļ жяΣѓ ќгяΣ џѕ—ĹјΉΧџ—Ẁ÷ѕΠгѕ Ģ’†ѓї ĘỳẀΎ Ĝỳяґ— йĠ’ń†фѕΡń ē’Ć’ѕ—Ą’―ಳŅĚ’†Ąỳѕ уłќхಳ у—Πѓ— ẃ―уķ ĜỳUÀðzÀ±Àðї Ħỳх― ẃļΦIJуџђ Ą’―†Πџ—Ύķ†Π, и ẃгњгі ẃѕΠ Υƒуџї—Ļ жяΣѓ ќгяΣ ΐėỳгу:10-01-2023 Πгѕ 09- 07-2023џẀĞ’Ć’ еĜỳїѓ—ķĆ’―ΣΧѕ—Ĺ, и ΐėỳгуѕẀĞ’¯ї `†Ẁėỳгẁ ћē’Łўї—Ļ ĘỳẀΎΧџ—Ύķ†Π, їгѓџ жяΣѓ ќгяΣ ΐėỳгу:10-07- 2023џгѕ—жїņўĢỳх—Ẁгē’еĜỳїѓ—ķжĕ’†ẁẀї—Ļџѕ—ĹјΉΧΐėỳгу:16- 10-2023џгѕ— Υł† ќė’―†ẄџėỳўĨ.жφ ќ—фŁ Υƒуџ— ģỳĠỳ уvÀðẀŁĄ’Ĩ ĦỳъĞỳ¯џ—Ẁ÷ѕΠгѕ ΐėỳгу:16-10-2023Πгѕ ΒўĜỳї—ĥỳџ Ģ’†ѓї ĘỳẀΎẃґ—ехѓŁуłќẀΨẃґ—ΎΣΧĕ’. ¸À»/- Υł†йј¤zÉÃð±Àуџ—(жяΣѓ) ģỳĠỳΥƒђзĠỳą’,ќΉĄ’†Π,Ą’―ях—`Ġ’ń. UÉ: ǻ’†ѓłΥƒĒỳΑĄỳΠќΉĄ’†Πēỳґ―ńу—.” 4. Inspite of the said direction issued by the respondent No.3-Deputy Director at Annexure-O, no steps have been taken by the respondent No.4. Therefore, it is suffice for this Court to direct the respondent No.4 to take steps to pay salary to the petitioner in terms of the directions - 6 - HC-KAR NC: 2025:KHC:33125 WP No. 17043 of 2025 issued by the Deputy Director vide Annexure-O dated 31.01.2024 in accordance with law, with two months from the date of receipt of copy of this order. 5. In respect of the direction sought by the petitioner to the respondents to permit the petitioner to work in the respondent-Institution is concerned, the respondent Nos.5 and 6, are served and unrepresented. 6. Therefore, the management of respondent Nos.5 and 6 is directed to permit the petitioner to work in the respondent-Institution. 7. With the above observation, the writ petition is disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM LIST NO.: 1 SL NO.: 75