- 1 - HC-KAR NC: 2025:KHC:37267 WP No. 25307 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 25307 OF 2023 (S-RES) BETWEEN: SRI SHIVAMURTHY SALI AGED ABOUT 55 YEARS S/O SIDDAPPA SALI ASSISTANT TEACHER BASAVESHWARA KANNADA HIGHER PRIMARY SCHOOL ALUR TOWN, HASSAN DISTRICT. …PETITIONER (BY SRI. NAGARAJU., ADVOCATE) AND: 1. THE COMMISSIONER DEPARTMENT OF PUBLIC INSTRUCTIONS, NEW PUBLIC OFFICE NRUPATHUNGA ROAD BENGALURU - 560 002. 2. THE DIRECTOR DEPARTMENT OF PUBLIC INSTRUCTIONS (PRIMARY EDUCATION) NEW PUBLIC OFFICE BUILDING NRUPATHUNGA ROAD BENGALURU - 560 002. 3. THE DEPUTY DIRECTOR DEPARTMENT OF PUBLIC INSTRUCTIONS HASSAN DISTRICT, HASSAN-573201. 4. THE BLOCK EDUCATION OFFICER DEPARTMENT OF PUBLIC INSTRUCTIONS HASSAN DISTRICT, HASSAN-573213. Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37267 WP No. 25307 of 2023 5. THE SECRETARY SHRI SACHIDANANDA VIDYA SAMSTHE ALUR TOWN, HASSAN DISTRICT-573213. 6. THE HEAD MASTER BASAVESHWARA KANNADA HIGHER PRIMARY SCHOOL ALUR TOWN, HASSAN DISTRICT-573213. …RESPONDENTS (BY SRI.VIKAS R, AGA FOR R1 TO R4: SERVICE OF NOTICE TO R5 & R6 ARE HELD SUFFICIENT) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS RELATING TO ISSUE OF THE IMPUGNED ORDER BEARING NO.AA.NU.3.PRA.SHI.AA.SHI.RI.AA.NO.14304/2017 DATED: 24.02.2021 ANNEXURE-R ISSUED BY THE R3 AND QUASH THE ORDER IN SO FAR AS IT RELATES TO DENIAL OF SALARY AND OTHER ALLOWANCES INCLUDING COUNTING OF THE PAST SERVICES FOR THE PERIOD FROM 01.07.2007 TO 14.08.2014 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 - 3 - HC-KAR NC: 2025:KHC:37267 WP No. 25307 of 2023 ORAL ORDER 1. In this writ petition, the petitioner has called in question the endorsement dated 24.02.2021 issued by respondent No.3 vide Annexure-R, whereby the request of the petitioner for payment of arrears of salary for the period from 01.07.2007 to 14.08.2014 has been rejected. 2. The petitioner was appointed as an Assistant Teacher in respondent No.6-School run by respondent No.5- Institution. While he was in service, on the basis of certain allegations, the respondent-Management initiated departmental enquiry against the petitioner. By order dated 27.11.2006 at Annexure-D, the petitioner has been dismissed from service. Aggrieved by the said order, the petitioner has approached the Education Appellate Tribunal in EAT(MA)No.4/2006. The Tribunal, by order dated 10.01.2007 has stayed the order of termination and directed the respondent-Management to reinstate the petitioner into service. Pending consideration of appeal before the Tribunal, the petitioner has worked in the - 4 - HC-KAR NC: 2025:KHC:37267 WP No. 25307 of 2023 respondent-Institution till June 2007. From July 2007, the recognition granted to the Institution was not renewed. Thereafter, on 14.05.2012, the Management has sent a proposal to the Government to transfer the petitioner to some other institution. During the pendency of the recommendations, the petitioner and Management have settled the matter before the EAT. According to the settlement, the appeal has been disposed of on 25.09.2013. Thereafter, the petitioner submitted a representation requesting for transfer to some other Institution. By order dated 06.08.2014, the petitioner has been transferred to Basaveshwara Higher Primary School, Alur. Since salary has not been paid from 01.07.2007 till 14.08.2014, the petitioner has filed representation dated 10.02.2021 to respondent No.3. By impugned endorsement dated 24.02.2021, the request of the petitioner has been rejected. Aggrieved by the same, the petitioner is before this Court. - 5 - HC-KAR NC: 2025:KHC:37267 WP No. 25307 of 2023 3. The learned counsel for the petitioner has submitted that the EAT by order dated 10.01.2007 has granted interim order. Subsequently, the petitioner was reinstated into service and till 01.07.2007, salary was paid. Thereafter, the School was closed due to non-renewal of the recognition. Hence, the petitioner submitted the representation to transfer him to any other school. Neither the Management nor the authority has taken any decision on the representation. However, the petitioner and the Management have settled the matter before the Tribunal on 25.09.2013. Subsequently, by order dated 06.08.2014, the petitioner has been transferred to Basaveshwara Higher Primary School, Alur. Despite this, neither the Management nor the respondent-authority has paid the arrears for a period from 01.07.2007 to 06.08.2014. Even though the petitioner has submitted the representation to take him into service, neither the Management nor the authority has shown place to the petitioner. Without any fault of the petitioner, the respondent has denied the - 6 - HC-KAR NC: 2025:KHC:37267 WP No. 25307 of 2023 backwages to the petitioner. Hence, he sought for allowing the writ petition. 4. The learned AGA appearing for the State has submitted that the Management has terminated the petitioner from service by order dated 27.11.2006 on serious allegations of misappropriation of funds. Before termination of petitioner from service, the Management has not taken any permission from the authority. The Management without approval of the Government has settled the matter with the petitioner before the EAT on 25.09.2013. During the period from the order of termination till the order passed by the Tribunal, the Government is not liable to pay any arrears of salary to the petitioner. From 25.09.2013 to 06.08.2014, the petitioner has not worked and the petitioner has given an undertaking that he will not claim any salary from 01.07.2007 to 06.08.2014. If at all the petitioner is entitled for any arrears, the Management has to pay the same. - 7 - HC-KAR NC: 2025:KHC:37267 WP No. 25307 of 2023 5. Heard the learned counsel for the parties. Perused the writ papers. 6. The petitioner was working as an Assistant Teacher in respondent No.6-School run by respondent No.5- Institution. By order dated 27.11.2006, the petitioner has been dismissed from service by the Management. He has challenged the said order before the Education Appellate Tribunal in EAT(MA)No.4/2006. The Tribunal, by order dated 10.01.2007 has stayed the termination order. Thereafter, he has been reinstated into service and till June 2007, he has worked in the respondent No.6-School. Thereafter, the School was closed due to non-renewal of recognition granted to the school. Thereafter, petitioner submitted representation to respondents seeking to transfer him to any other school and the same was not considered by the respondents. Thereafter, the Management and the petitioner have settled the matter - 8 - HC-KAR NC: 2025:KHC:37267 WP No. 25307 of 2023 and on that terms, the matter before the EAT was disposed of on 25.09.2013. 7. The specific contention of the Respondents-State is that before initiation of departmental enquiry, the Management has not taken any permission from the authority and even before the settlement of matter before the EAT, the Management has not taken any permission from the authority. If at all, the petitioner is entitled for any backwages, the Management has to pay the same. 8. However, the impugned endorsement dated 24.02.2021 does not disclose all these aspects and in the impugned endorsement, the request of the petitioner is rejected only on the ground that the petitioner has given an undertaking before the Management, that too, without giving notice to the petitioner. The impugned order is not a speaking order and same is passed in violation of principles of natural justice. On this ground alone, the - 9 - HC-KAR NC: 2025:KHC:37267 WP No. 25307 of 2023 impugned endorsement is liable to be set aside. Accordingly, the following order is passed: ORDER a) The writ petition is allowed. b) The impugned endorsement dated 24.02.2021 issued by respondent No.3 vide Annexure-R, is hereby quashed. c) Respondent No.3 is directed to reconsider the representation dated 10.02.2021 submitted by the petitioner, in accordance with law after giving an opportunity to the petitioner. All pending I.As., if any, are disposed of Sd/- (H.T. NARENDRA PRASAD) JUDGE DM LIST NO.: 1 SL NO.: 55