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2025 DAILYLAW 47745 (KAR)

MAHADEV RUDRAYYA MURGOD S/O LATE RUDRAPPA v. THE STATE OF KARNATAKA

CCC/100300/2024 · 2025-03-18

C M Poonacha, S G Pandit

Contempt Petitionbody2025

Judgment text

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- 1 - NC: 2025:KHC-D:4952-DB CCC No. 100300 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 18TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA CIVIL CONTEMPT PETITION NO. 100300 OF 2024 BETWEEN: MAHADEV RUDRAYYA MURGOD S/O. LATE RUDRAPPA, AGED 75 YEARS, RETIRED JUNIOR WORK INSPECTOR, PWD SUB DIVISION, GOKAK, BELGAUM DISTRICT, R/AT. 2859, RAMATHEERTHA NAGAR, BELAGAVI-591116, NOW RESIDING AT MAMADAPURA, TALUK: GOKAK, DIST: BELAGAVI. …COMPLAINANT (BY SRI. RANGANATHA S.JOIS, ADVOCATE) AND: 1. THE STATE OF KARNATAKA …PRO-FORMA RESPONDENT 2. DR. S. SELVAKUMAR, IAS SECRETARY, PUBLIC WORKS DEPARTMENT, VIDHANA SOUDHA, DR. B.R.AMBEDKAR VEEDHI, BANGALORE-560001. 3. SRI. H.SURESH CHIEF ENGINEER, CIMMUNICAATION AND BUILDING, NORTH ZONE, DHARWAD-580001. 4. SRI. ARUN KUMAR PATIL Digitally signed by MOHANKUMAR B SHELAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.03.21 15:17:44 +0530 - 2 - NC: 2025:KHC-D:4952-DB CCC No. 100300 of 2024 SUPERINTENDING ENGINEER, PUBLIC WORKS DEPARTMENT, BELAGAVI CIRCLE-590001. 5. SRI. GIRISH DESAI EXECUTIVE ENGINEER, DEPARTMENT OF PUBLIC WORKS, BELAGAVI DIVISION, BELAGAVI-590001. 6. MS. SMITA GOPAL ACCOUNTANT GENERAL IN KARNATAKA, PARK HOUSE ROAD, BENGALURU-560001. 7. SRI. ANIL KUMAR B. SHINGE ASSISTANT EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, BELAGAVI SUB-DIVISION, BELAGAVI-590001. …ACCUSED (BY SRI. MADAN MOHAN M.KHANNUR, AGA) THIS CIVIL CONTEMPT PETITION IS FILED UNDER SECTION 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, R/W. ARTICLE 215 OF CONSTITUTION OF INDIA,1950, PLEASED TO, INITIATE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED AND TO PUNISH THEM FOR THEIR WILLFUL DISOBEDIENCE TO THE ORDER OF THIS HON’BLE HIGH COURT DATED 13.9.2023 MADE IN WP NO.102268/2021 (S-KAT) VIDE ANNEXURE-A, THEREBY CAUSE THE IMPLEMENTATION OF THE ORDER OF THIS HON’BLE COURT IN ITS TRUE SPIRIT BY GRANTING THE BENEFITS OF RE-FIXATION OF PAY- SCALE AND PENSIONARY BENEFITS AND PASS SUCH OTHER ORDERS WITH COSTS OF THESE PROCEEDINGS, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UDNER: CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA - 3 - NC: 2025:KHC-D:4952-DB CCC No. 100300 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S G PANDIT) Heard the learned counsel Sri Ranganatha S Jois, appearing for the complainant through video conferencing and learned Additional Advocate General Sri. Gangadhar J.M., appearing for respondent-Accused. 2. This contempt petition is filed complaining disobedience of the order dated 13.09.2023 in W.P.No.102268/2021 wherein, this Court issued directions as follows: “a) Writ Petition stands allowed. b) The impugned order dated 19.01.2018 passed in Application No.5802/2013 vide Annexure-B as well as impugned order dated 5.11.2020 passed in RA No.96/2018 vide Annexure-F by the Tribunal are hereby set-aside. Consequently, Application No.5802/2013 filed by the petitioner stands allowed. c) The respondents are directed to revise and refix the pay- scale of the petitioner from Rs.90-120 to Rs.120-240 and grant all consequential monetary benefits, pensionary benefits etc., in favour of the petitioner as expeditiously as possible and at any rate within a period of three months from the date of receipt of copy of this order.” - 4 - NC: 2025:KHC-D:4952-DB CCC No. 100300 of 2024 3. This Court specifically directed the respondents to revise and refix the pay of the petitioner in the scale of Rs.120-240 and grant all consequential monetory benefits, pensionary benefits etc. 4. Against the said order, the respondent-State had preferred SLP (Civil) Diary No(s).59710/2024 and the said SLP came to be dismissed by the Hon’ble Apex Court by an order dated 03.01.2025. 5. The affidavit of respondent No.5/Accused is filed enclosing the documents. 6. Learned Additional Advocate General would submit that the directions issued by this Court is complied by fixing the pay of the complainant in the pay-scale Rs.120-240. He further submits that a sum of Rs.1,65,968/- is ordered to be paid to complainant towards difference of salary. Further, he submits that the Accountant General has been instructed to revise the pension and pensionary benefits for which it needs 30 days time. - 5 - NC: 2025:KHC-D:4952-DB CCC No. 100300 of 2024 7. On going through the affidavit and on hearing the learned Additional Advocate General, we are of the considered view that there is substantial compliance of the directions issued by this Court. Hence, further proceedings in the present contempt are dropped. However, liberty is reserved to the complainant to revive the contempt proceedings, if the pension and pensionary benefits are not revised as stated in the compliance affidavit. Sd/- (S G PANDIT) JUDGE Sd/- (C.M. POONACHA) JUDGE AM/- List No.: 1 Sl No.: 27