- 1 - HC-KAR NC: 2025:KHC-D:17690 WP No. 104174 of 2024 C/W WP No. 106726 of 2024 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 9TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 104174 OF 2024 (S-RES) C/W WRIT PETITION NO. 106726 OF 2024 IN WP NO. 104174/2024 BETWEEN: SRI. SHANKARAGOUDA S/O HANUMANTAGOUDA PATIL AGE: 65 YEARS, OCC: RETIRED ASSISTANT TEACHER, V.F.PATIL HIGH SCHOOL, RON R/O D.NO. 60/136 2ND MAIN, 3RD CROSS, MMH LAYOUT OPP. U.A.S. DHARWAD 580005 …PETITIONER (BY SRI. M S HARAVI, ADVOCATE) AND: 1. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS GADAG, DIST: GADAG 582101 2. THE BLOCK EDUCATION OFFICER RON, TAL: ROAN, DIST. GADAG 582209 3. THE PRESIDENT RON TALUKA SHIKSHANA SAMITHI (R) ROAN, TQ: RON, DIST: GADAG 582209 4. THE SECRETARY RON TALUKA SHIKSHANA SAMITHI (R) ROAN, TQ: RON, DIST: GADAG 582209 RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka Dharwad Bench Date: 2025.12.12 14:34:14 +0530 - 2 - HC-KAR NC: 2025:KHC-D:17690 WP No. 104174 of 2024 C/W WP No. 106726 of 2024 5. THE HEAD MASTER V.F.PATIL HIGH SCHOOL, RON TQ: RON, DIST: GADAG 580007 …RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1 & R2; SRI. MANOJ N. BIKKANNAVAR, ADV. FOR R3 TO R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT, ORDER OR DIRECTION IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO. 3 TO 5 TO PAY ARREARS OF SALARY TO THE PETITIONER FROM 03-11-2016 TO 31-05-2018 FORTHWITH AND ETC., IN WP NO. 106726/2024 BETWEEN: RON TALUKA SHIKSHAN SAMITI (R), RON, REPRESENTED BY ITS PRESIDENT, SHRI. B. V. PATIL, AGE: MAJOR, OCC: PRESIDENT, RON TALUKA SHIKSHAN SAMITI (R), RON, R/O: RON, DIST: GADAG-582209 …PETITIONER (BY SRI. MANOJ N BIKKANNAVAR, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY CHIEF SECRETARY OF DEPARTMENT OF SCHOOL EDUCATION AND LITERACY, - 3 - HC-KAR NC: 2025:KHC-D:17690 WP No. 104174 of 2024 C/W WP No. 106726 of 2024 M.S. BUILDING, BENGALURU-01 2. THE ASSISTANT COMMISSIONER AND APPELLATE AUTHORITY, DEPARTMENT OF PUBLIC EDUCATION, RODDA ROAD, DHARWAD-580008 3. DEPUTY DIRECTOR DEPARTMENT OF SCHOOL EDUCATION, GADAG-582209 4. BLOCK EDUCATION OFFICER, DEPARTMENT OF SCHOOL EDUCATION, TQ: RON, DIST: GADAG-582209 5. SRI. SHANKARAGOUDA S/O. HANUMANTAGOUDA PATIL, OCC: RETIRED TEACHER, AGE: 65 YEARS, R/O: 60/136, 2ND MAIN, 3RD CROSS, NEAR GANESH TEMPLE, SHRI GURUKRUPA NAGAR, OPP. AGRICULTURE UNIVERSITY, DHARWAD-580005 6. HEAD MASTER, V. G. PATIL HIGH SCHOOL, RON, DIST. GADAG-582209 …RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1 TO R4; SRI. M.S. HAVERI, ADV. FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO A) ISSUE A WRIT OF NATURE OF CERTIORARI QUASHING THE IMPUGNED DATED 05.04.2021 BEARING NO. MELMANAVI SANKYE: 04/2020-21 PASSED BY THE RESPONDENT NO. 2 VIDE ANNEXURE-H AND IMPUGNED ORDER DATED: 09.05.2024 BEARING NO. PUNARIKSHANA ARJI SANKYE: 25/2022(ED/28/SOH/2022) PASSED BY THE RESPONDENT NO. 1 VIDE ANNEXURE-J IN THE INTEREST OF JUSTICE AND EQUITY AND ETC., THESE WRIT PETITIONS, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC-D:17690 WP No. 104174 of 2024 C/W WP No. 106726 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitions in both these cases arise out of a solitary orders passed by the Government under Sections 130 and 131 of the Karnataka Education Act, 1983 (hereinafter referred to as ‘the Education Act’ for short). 2. Heard the learned counsel Sri.M.S.Harvi, appearing for petitioners, learned HCGP-Smt.Girija S. Hiremath, appearing for respondent Nos.1 and 2 and learned counsel Sri.Manoj N. Bikkannavar, appearing for respondent Nos.3 to 5. 3. The petitioner in Writ Petition No.104174 of 2024 is the employee/teacher, who is seeking arrears of salary from the date of his compulsory retirement till the date of his retirement on attaining the age of superannuation i.e. from 03.11.2016 to 31.05.2018, which is close to 18 months. The companion Writ Petition No.106726 of 2024 challenges the very order passed by the Government under Section 130 and 131 of the Education Act, contending that - 5 - HC-KAR NC: 2025:KHC-D:17690 WP No. 104174 of 2024 C/W WP No. 106726 of 2024 the petitioner was imposed with the penalty of compulsory retirement. It is contended that the appeal ought not to have been filed before the Government, but should have been preferred under Section 94 of the Education Act before the Education Appellate Tribunal. He would also seek to place reliance upon several judgments of this Court. 4. The issue now is the petitioner has retired from service. He is armed with two orders passed by the Government under Sections 130 and 131 of the Education Act. The petitioner and the companion petitioner had projected the ground that the appeal before the Government was not entertainable in the light of the remedy being available under Section 94 of the Education Act. Notwithstanding the same, the Government under Section 130 of the Education Act entertains the appeal and passes the order. The management again challenges the said order before the Revisional Authority under Section 131 and fails. Consequently, both the petitioner and the Management are before this Court, one seeking arrears of salary and the - 6 - HC-KAR NC: 2025:KHC-D:17690 WP No. 104174 of 2024 C/W WP No. 106726 of 2024 other seeking quashment of the orders passed by the concerned authorities. 5. As observed hereinabove, the petitioner attained the age of superannuation in the year 2018 and the allegations against the petitioner pertain to the years 2015 and 2016, which are now nearly 10 years ago. Therefore, remanding the matter to the Tribunal for a fresh adjudication at this stage would neither be in the interest of the Management nor of the employee. 6. In view of the petitioner having retired and considering that nearly ten years have elapsed, and without entering into the merits of the jurisdictional issue as projected by the respondents, I deem it appropriate to give quietus to the issue. 7. The claim of the petitioner-employee is that he entitled to arrears of salary for the period of from the date of his compulsorily retirement, i.e., 03.11.2016 and the date on which he would have attained the age of superannuation, i.e., 31.05.2018. The salary to the said period cannot be - 7 - HC-KAR NC: 2025:KHC-D:17690 WP No. 104174 of 2024 C/W WP No. 106726 of 2024 granted on the score that the petitioner has not worked during that period. On the principle of “no work, no pay”, the petitioner is not entitled to salary for the said period. Notwithstanding the fact that, the orders of compulsory retirement have now been set-aside and those orders did not grant back wages to the petitioner. 8. However, the petitioner having attained the age of superannuation on 31.05.2018, the terminal benefits of the petitioner have all been settled upto the date of compulsory retirement i.e. 03.11.2016. What remains to be settled is the period of 18 months. Though the petitioner is not entitled to salary for the said period, the same shall be reckoned for the purpose of calculation and grant of terminal benefits of any kind. 9. Accordingly, the respondent-Institution shall submit a proposal to the State for recalculation of the terminal benefits by including the period up to 31.05.2018, the date on which the petitioner attained the age of superannuation and pay the petitioner accordingly within an outer limit of four months from the date of receipt of a copy - 8 - HC-KAR NC: 2025:KHC-D:17690 WP No. 104174 of 2024 C/W WP No. 106726 of 2024 of this order. It is again made clear that the petitioner is not entitled to any arrears of salary for the period between 03.11.2016 to 31.05.2018. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE RHR/CT-CNB List No.: 1 Sl No.: 25