- 1 - NC: 2025:KHC-D:2490-DB CCC No. 100295 of 2024 C/W WA No. 100554 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 7TH DAY OF FEBRUARY, 2025 PRESENT THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR CIVIL CONTEMPT PETITION NO. 100295 OF 2024 C/W WRIT APPEAL NO. 100554 OF 2024 (S-RES) IN CCC NO. 100295/2024 BETWEEN: SMT. BALIGAR CHANDBI W/O. BALIGAR KHAJA MAINUDDIN, AGE 30 YEARS, OCC. CONTRACT EMPLOYEE (NOW UNEMPLOYED) R/O 248, MAIN ROAD, NEAR GOVERNMENT HOSPITAL, 5TH WARD, HIREHADAGALI, HUVINAHADAGALI, TQ: HUVINAHADAGALI, DIST: VIJAYANAGAR-583216. …COMPLAINANT (BY SRI. ROSHAN SAHEB CHABBI, ADVOCATE) AND: 1. SHRI. SAHARANAPPA MUDUGAL, AGE: MAJOR, OCC: JOINT DIRECTOR, R/O: C/O: THE OFFICE OF THE JOINT DIRECTOR OF AGRICULTURE BEHIND CENTER OF NATIONAL COLLEGE, N.C.COLONY, HARIHARA ROAD, HOSAPETE, TQ: HOSAPETE, Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:2490-DB CCC No. 100295 of 2024 C/W WA No. 100554 of 2024 DIST: VIJAYANGARA-583203 2. SHRI NAYEEM PASHA, AGE: MAJOR, OCC: DEPUTY DIRECTOR, R/O: C/O: THE OFFICE OF THE DEPUTY DIRECTOR OF AGRICULTURE, BEHIND CENTER OF NATIONAL COLLEGE, N.C.COLONY, HARIHARA ROAD, HOSAPETE, TQ: HOSAPETE, DIST: VIJAYANGARA- 583203 3. SHRI MOHAMMAD ASHRAF K, AGE:31 YEARS, OCC: ASSISTANT DIRECTOR OF AGRICULTURE, R/O: C/O: THE OFFICE OF THE ASSISTANT DIRECTOR OF AGRICULTURE, HUVINAHADAGALI, TQ: HUVINAHADAGALI, DIST: VIJAYANAGARA- 583219 4. SHRI. M. KIRAN KUMAR, AGE: MAJOR, OCC: AGRICULTURE OFFICER, R/O: C/O: THE OFFICE OF THE AGRICULTURE OFFICER, RAITA SAMPARKA _ENDRA, HUVINAHADAGALI, TQ: HUVINAHADAGALI, DIST: VIJAYANAGARA- 583219 5. THE STATE OF KARNATAKA, THE DEPARTMENT OF AGRICULTURE, REP. BY ITS PRINCIPAL SECRETARY, 4TH FLOOR, 3RD GATE, M.S. BUILDING, BENGALURU-01. …ACCUSED (BY SRI. GANGADHAR J. M. AAG, A/W SRI. PRAVEEN K. UPPAR, AGA FOR A1 TO A5) - 3 - NC: 2025:KHC-D:2490-DB CCC No. 100295 of 2024 C/W WA No. 100554 of 2024 THIS CCC IS FILED UNDER SECTION 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, R/W. ARTICLE 215 OF CONSTITUTION OF INDIA, 1950, PRAYING TO, PUNISH THE RESPONDENTS/ACCUSED NO.1 TO 4 FOR WILLFULLY DISOBEYING THE ORDER DATED 26/07/2024 PASSED BY THIS HON’BLE COURT IN W.P.NO.102060/2024 AS PER ANNEXURE-A AND ETC. IN WRIT APPEAL NO. 100554 OF 2024: BETWEEN: 1. THE STATE OF KARNATAKA, THE DEPARTMENT OF AGRICULTURE, REP. BY ITS PRINCIPAL SECRETARY, 4TH FLOOR, 3RD GATE, M.S. BUILDING, BENGALURU-01. 2. THE JOINT DIRECTOR OF AGRICULTURE, OFFICE OF THE JOINT DIRECTOR OF AGRICULTURE, BEHIND CENTER OF NATIONAL COLLEGE, N.C.COLONY, HARIHARA ROAD, HOSAPETE, TQ: HOSAPETE, DIST: VIJAYANGARA- 583203. 3. THE DEPUTY DIRECTOR OF AGRICULTURE, BEHIND CENTER OF NATIONAL COLLEGE, N.C.COLONY, HARIHARA ROAD, HOSAPETE, TQ: HOSAPETE, DIST: VIJAYANGARA- 583203. 4. THE ASSISTANT DIRECTOR OF AGRICULTURE, OFFICE OF THE ASSISTANT DIRECTOR OF AGRICULTURE, - 4 - NC: 2025:KHC-D:2490-DB CCC No. 100295 of 2024 C/W WA No. 100554 of 2024 BEHIND CENTER OF NATIONAL COLLEGE, N.C.COLONY, HARIHARA ROAD, HOSAPETE, TQ: HOSAPETE, DIST: VIJAYANGARA- 583203. 5. THE AGRICULTURE OFFICER, RAITA SAMPARKA KENDRA, HUVINAHADAGALI, TQ: HUVINAHADAGALI, DIST: VIJAUANAGARA- 583219. …APPELLANTS (BY SRI. GANGADHAR J. M. AAG A/W SRI. PRAVEEN K. UPPAR, AGA) AND: 1. SMT. BALIGAR CHANDBI W/O. BALIGAR KHAJA MAINUDDIN, AGE 30 YEARS, OCC. CONTRACT EMPLOYEE R/O 248, MAIN ROAD, NEAR GOVERNMENT HOSPITAL, 5TH WARD, HIREHADAGALI, HUVINAHADAGALI, TQ: HUVINAHADAGALI, DIST: VIJAYANAGAR-583216. 2. OM SECURITY SERVICE AND MAN POWER AGENCY, REP. BY ITS PROPRIETOR, OFFICE AT. HOSPET ROAD, NEAR 2ND GATE, CANTONMENT, BALLARI, DIST: BALLARI-583104. 3. PANNAGA ENTERPRISES MAN POWER SUPPLY OFFICE, - 5 - NC: 2025:KHC-D:2490-DB CCC No. 100295 of 2024 C/W WA No. 100554 of 2024 REP. BY ITS PROPRIETOR, SMT. YASHASWINI, OFFICE AT 228, 2ND FLOO, 1ST MAIN ROAD, 2ND STAGE, GOKULAM. MYSORE-570002. 4. SHRI. PRAVEEN KYALAKATTI, AGE: MAJOR, OCC: ACCOUNTANT, R/O: C/O: RAITA SAMPARKA KENDRA, HUVINAHADAGALI, DIST: VIJAYANAGARA-583219. …RESPONDENTS (BY SRI. ROSHAN SAHEB CHABBI, ADVOCATE FOR R1; NOTICE DISPENSED WITH R2 TO R4) THIS WA IS FILED UNDER SECTION 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, R/W. ARTICLE 215 OF CONSTITUTION OF INDIA, 1950, PRAYING TO, CALL FOR RECORDS AND SET ASIDE THE IMPUGNED ORDER DATED 26.07.2024. BY ALLOWING THIS PRESENT WRIT APPEAL. THESE CIVIL CONTEMPT CASE AND WRIT APPEAL COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: [CORAM: THE HON'BLE MR. JUSTICE B.M. SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR - 6 - NC: 2025:KHC-D:2490-DB CCC No. 100295 of 2024 C/W WA No. 100554 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE B.M. SHYAM PRASAD) The controversy between the complainant and the State is because the petitioner admittedly a contractual employee through an intermediary is removed from service with the loss of employment because of the denial of maternity leave. In the employee’s writ petition in WP.No.102060/2024, which is disposed of on 26.07.2024, the writ Court has directed the concerned Officers of the State to permit the employee to assume charge of the post where she was working prior to 06.05.2023 and with a further direction that she shall be continued accordingly until regular appointments are made. The writ Court has also observed that the employee shall be paid back wages with all benefits as contemplated under the Maternity Benefits Act, 1961. 2. If the State and its officers are aggrieved by the direction as aforesaid and therefore have filed this intra-Court appeal, the employee – the - 7 - NC: 2025:KHC-D:2490-DB CCC No. 100295 of 2024 C/W WA No. 100554 of 2024 complainant has filed her complaint alleging deliberate disobedience saying there is non- compliance with the directions as aforesaid. Presently, Sri J.M. Gangadhar, the learned Additional Advocate General, places on record a copy of the appointment order issued to the petitioner through another outside agency while stating that the complainant has also reported to duty on 06.02.2025. 3. As regard, the maternity benefits, Sri. J.M. Gangadhar, submits that two months salary has already been paid and the petitioner will be entitled to another month’s salary while stating that the State may not be in a position to pay another month's salary as the contract with the agency has expired and all amounts have been settled. Sri Roshan Saheb Chabbi, the learned counsel for the complainant, submits that the complainant must be paid salary for one and half years as directed by the - 8 - NC: 2025:KHC-D:2490-DB CCC No. 100295 of 2024 C/W WA No. 100554 of 2024 writ Court and ensure that the Authorities do not disrupt all services without justification only as a matter of vindictive action. In rejoinder, Sri J.M. Gangadhar submits that there will be no vindictive direction, but there cannot be assurance of any tenure. 4. This turn of events narrows down the controversy in the present proceedings. This Court is of the view that the complainant need not be paid the salary for the one and half years because she did not have the advantage of any interim order during the pendency of the writ petition and because she has not worked during the one and half years she was out of employment, and also because of the State’s stand that the complainant was on the rolls of an agency whose contract has ended and she is now placed on the rolls of another agency. 5. Further this Court is of the considered view that the complainant, who was - 9 - NC: 2025:KHC-D:2490-DB CCC No. 100295 of 2024 C/W WA No. 100554 of 2024 denied maternity leave resulting in loss of employment, must have continuity in service notwithstanding change in the agency through whom the man-power is sourced by the concerned, but there cannot be any immunity against action for misconduct. This arrangement is provided not to lay down a precedent, but to facilitate a settlement amongst the concerned in the peculiarities of the case. As such, the writ appeal stands disposed of and the complaint is closed with the observation as afore and quashing the cost imposed and directing the second respondent to ensure that another month’s salary is credited to the complainant with two weeks from today. Sd/- (B.M.SHYAM PRASAD) JUDGE Sd/- (RAMACHANDRA D. HUDDAR) JUDGE VMB LIST NO.: 1 SL NO.: 13