- 1 - HC-KAR NC: 2025:KHC:34356 WP No. 9516 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 9516 OF 2024 (S-R) BETWEEN: 1. S. SUJAYA D/O SHESHEGOWDA, AGED ABOUT 63 YEARS, BILL COLLECTOR (RETIRED), B V HALLI GRAMA PANCHAYATH, ARALALUSANDRA, CHANNAPATNA TALUK, RAMANAGARA DISTRICT 562117. …PETITIONER (BY SRI. B K MANJUNATH., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENTOF PANCHAYATH RAJ, M S BUILDING, BENGALURU 560001. 2. BANDURU VALAGEREHALLI GRAMA PANCHAYATH VIRUPAKSHIPURA HOBLI, CHANNAPATNA TALUK, RAMANGARA DISTRICT 562160 REPRESENTED BY ITS PANCHAYATH DEVELOPMENT OFFICER. 3. THE EXECUTIVE OFFICER CHANNAPATNA TALUK PANCHAYATH, CHANNAPATNA, RAMANAGARA DISTRICT 562160. Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34356 WP No. 9516 of 2024 4. THE CHIEF EXECUTIVE OFFICER RAMANAGARA DISTRICT, ZILLA PANCHAYATH, RAMANGARA 562160. …RESPONDENTS (BY SRI. SIDHARTH BABU RAO, AGA FOR R1: SRI. B. J. SOMAYAJI, ADVOCATE FOR R2 TO R4) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CALCULATE THE ARREARS OF SALARY OF THE PETITIONER FROM MARCH 2008 TO JUNE 2021 AND OTHER RETIREMENT BENEFITS TILL THE AGE OF ATTAINING HER SUPERANNUATION AS ON 06/06/2021 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 This writ petition is filed under Articles 226 & 227 of the Constitution of India, seeking the following relief: “Issue a writ of mandamus directing the respondents to calculate the arrears of salary of the petitioner from March 2008 to June 2021 and other retirement benefits till the age of attaining her superannuation as on 06.06.2021, in the interest of justice.” - 3 - HC-KAR NC: 2025:KHC:34356 WP No. 9516 of 2024 2. The case of the petitioner is that, she was appointed as a Bill Collector in the second respondent – Panchayat. While she was in service, on the ground of misappropriation of amounts, she was kept under suspension. Inspite of several representations by the petitioner, neither the enquiry held nor suspension revoked. Hence, she filed writ petitions before this Court in W.P.Nos.4706/2005 and 51606/2003. This Court, by order dated 08.02.2005 directed the respondents to pay the subsistence allowance to the petitioner and to direct the enquiry officer to complete the enquiry within a period of three months. Thereafter, the second respondent, by order dated 24.05.2005 (Annexure-D) dismissed the petitioner from service, against which the petitioner filed an appeal before the fourth respondent, which came to be allowed and the matter was remanded for fresh enquiry against the petitioner. The petitioner filed W.P.No.2207/ 2008 wherein, this Court, by order dated 26.03.2008 - 4 - HC-KAR NC: 2025:KHC:34356 WP No. 9516 of 2024 directed the respondents to complete the enquiry within a period of three months. 3. For the allegation of misappropriation, the petitioner was convicted on 09.02.2012 in C.C.No.732/ 2002. Being aggrieved by the same, she filed Crl.A.No.7/2012 before the Principal District and Sessions Judge, Ramanagara. The said appeal was allowed by order dated 03.01.2019, wherein, the judgment of conviction dated 09.02.2012 was set aside directing the investigating officer to file separate and distinct charge sheet for the offence alleged to have been committed by the petitioner. Thereafter, the petitioner filed several representations requesting the second respondent to take her back to duty and to pay her the arrears of salary. Since the said representations have not been considered, the petitioner filed a writ petition in W.P.No.13944/2020 seeking the following relief: “Direct the R1 to re-instate the petitioner to the post of Bill Collector forthwith and pay her - 5 - HC-KAR NC: 2025:KHC:34356 WP No. 9516 of 2024 arrears of salary, subsistence allowance and other emoluments and also direct the R1 Gram panchayat to promote the petitioner to the post of Secretary for which she is legally entitled.” 4. This Court, on 13.09.2021 has passed the following order: “Respondent No.1 – Panchayath is directed to consider representation of the petitioner Annexure- G1 dated 23.01.2019 and pass appropriate order with regard to the arrears of salary, subsistence allowance and other benefits as requested by the petitioner in accordance with law, within a period of three months from the date of receipt of a copy of this order.” 5. Thereafter, the Panchayat passed a resolution dated 04.10.2023 vide Annexure-K directing to pay a sum of Rs.1,11,687/- to the petitioner as arrears. Not being satisfied with the amount granted by the Panchayat, the petitioner has given one more representation dated 03.10.2023 vide Annexure-M, requesting for payment of arrears of salary and other benefits. Since the said representation was not considered, the petitioner is before - 6 - HC-KAR NC: 2025:KHC:34356 WP No. 9516 of 2024 this Court, once again seeking mandamus to pay arrears and back wages. 6. Sri Somayaji, the learned counsel appearing for the respondent – Panchayat has contended that, pursuant to the directions issued by this Court in WP No.13944/2020, disposed of on 13.09.2021, the Panchayat has considered the case of the petitioner and passed a resolution vide Annexure-K dated 04.10.2023. If the petitioner is not satisfied with the amount granted by the Panchayat by passing a resolution, she has a remedy to challenge the resolution by filing an appeal under 269 of Panchayat Raj Act. 7. In view of the above, without expressing any opinion on the merits of the case, the writ petition stands disposed of, reserving liberty to the petitioner to file an appeal before the competent authority, challenging the resolution passed by the Panchayat dated 04.10.2023. If such an appeal is filed within four weeks from today, the - 7 - HC-KAR NC: 2025:KHC:34356 WP No. 9516 of 2024 respondent – Panchayat, without insisting for delay, consider the matter on merits, in accordance with law. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM List No.: 1 Sl No.: 49