- 1 - HC-KAR NC: 2025:KHC-D:13430 WP No. 101957 of 2021 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 25TH DAY OF SEPTEMBER 2025 BEFORE THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR WRIT PETITION NO. 101957 OF 2021 (S-RES) BETWEEN: ABDUL KAREEM, S/O. SHAIKH MOHAMMAD BILAL, AGE: 54 YEARS, OCC: TEACHER, R/O. WARD 6, ILKAL, TQ: HUNGUND, DIST: BAGALKOT-587125. …PETITIONER (BY SRI. S.S.PATIL AND SRI. SANJAY S.CHANAL, ADVOCATES) AND: 1. THE DIRECTORATE OF URDU AND OTHER, MINORITY LANGUAGE SCHOOLS DEPARTMENT OF PUBLIC EDUCATION, NRUPATUNGA ROAD, BENGALURU-01. 2. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS, NO.132, DC BUILDING, NAVANAGAR, BAGALKOT-587103. 3. THE BLOCK EDUCATION OFFICE, HUNAGUND, DIST: BAGALKOT-587103. 4. THE CHAIRMAN, ANJUMAN ARABIC COLLEGE JOD MASJID, ILKAL, TQ: HUNAGUND, DIST: BAGALKOT-587125. …RESPONDENTS (BY SRI. ASHOK T.KATTIMANI, AGA FOR R1 TO R3; SRI. SANTOSH B.MANE, ADVOCATE FOR R4) SAMREEN AYUB DESHNUR SAMREEN AYUB DESHNUR HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:13430 WP No. 101957 of 2021 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI TO QUASH THE RESPONDENT NO.4 ORDER ENDORSEMENT NO.CeÉƪÀÄCJC/C±Éé.¸ÀéE¤/16/2020-2021 DATED 23.03.2021 THE COPY IS PRODUCED ANNEXURE-K IN THE INTEREST OF JUSTICE AND EQUITY AND ISSUE A WRIT OF MANDAMUS AND DIRECT THE RESPONDENT NO.1 TO 3 TO ALLOW THE PETITIONER TO CONTINUE WITH HIS SERVICE TILL HE ATTAINS THE AGE OF SUPERANNUATION IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR) In this petition, the petitioner seeks quashing of the impugned endorsement at Annexure-K dated 23.03.2021 issued by the 4th respondent and for other reliefs. 2. Heard the learned counsel for the petitioner, the learned Additional Government Advocate for respondents No.1 to 3, and the learned counsel for respondent No.4 and perused the material on record. 3. A perusal of the material on record will indicate that the petitioner was working as a Teacher at respondent - 3 - HC-KAR NC: 2025:KHC-D:13430 WP No. 101957 of 2021 No.4-Anuman Arabic College Jod Masjid, Ilkal. In the year 2019, he submitted his request to permit him to take voluntary retirement (VRS), dated 02.09.2019, to respondent No.4, who, in turn, forwarded the said request to respondent No.3-Block Education Officer. In pursuance of the same, respondent No.3- Block Education Officer forwarded all copies to respondent No.2 on 15.02.2020 pursuant to which respondent No.2 called upon the petitioner to furnish relevant documents which the petitioner produced before respondent No.2. Thereafter, respondent No.2 obtained all necessary material from respondents No.3 and 4 and forwarded the same to respondent No.1. However, respondent No.1-State addressed a communication dated 08.10.2020 to respondent No.3-Block Education Officer refusing to accept the request of the petitioner to voluntarily retire from service to which the petitioner submitted a representation dated 18.03.2021 requesting permission to withdraw his VRS proposal. 4. It is the grievance of the petitioner that though his request/proposal for grant of VRS was not accepted by respondents No.1 to 3 and respondent No.1 had returned the said proposal/request to respondent No.3, respondent No.4 has - 4 - HC-KAR NC: 2025:KHC-D:13430 WP No. 101957 of 2021 issued the impugned endorsement rejecting the request of withdrawal of request/proposal for voluntary retirement submitted by the petitioner, who is before this Court by way of the present petition. 5. A perusal of the aforesaid facts and circumstances and the material on record will clearly indicate that while the request/proposal of the petitioner for VRS had not been accepted by respondent No.1; respondent No.1, in fact, had returned the said request/proposal back to respondent No.3 and respondents No.1 to 3 had not accepted the said proposal/request made by respondent No.4 on behalf of the petitioner, who was working with respondent No.4-institution. It is needless to state that so long as the request/proposal of the petitioner for VRS had not been accepted by respondents No.1 to 3 and the same had been returned by respondent No.1 to respondent No.3, it cannot be said that the petitioner would not be entitled to withdraw his request/proposal for VRS and consequently, the impugned endorsement dated 23.03.2021 issued by respondent No.4 to the petitioner deserves to be quashed by issuing certain directions. - 5 - HC-KAR NC: 2025:KHC-D:13430 WP No. 101957 of 2021 6. In this context, it is pertinent to note that on 19.07.2021, this Court passed the following interim order which reads as under: “This writ petition is filed challenging the endorsement issued by respondent nO.4 on 23.03.2021 as per Annexure-K. In the impugned endorsement, it has been stated that, if the employee seeks permission to retire voluntarily and is approved by competent authority, still it can be withdrawn but, it must be withdrawn before the restricted period. Therefore, his request for join back to duties is rejected. Learned counsel for petitioner further draws attention of this court to the direction issued by respondent No.3 to respondent No.4 directing the respondent No.4 to take the petitioner back on service. From the perusal of the impugned endorsement, the direction dated 20.03.2021 issued by respondent No.3 is not taken into account, probably due to late communication. Pending consideration of writ petition, respondent No.4 is directed to permit the petitioner to join back to duties. The petitioner shall report to respondent No.4 institution during 1st week of August-2021. On petitioner to reporting duty, respondent shall assign work, extract work and pay applicable salary. - 6 - HC-KAR NC: 2025:KHC-D:13430 WP No. 101957 of 2021 This order shall be subject to final result of writ petition and without prejudice to contentions of the respective parties on the main matter.” In pursuance of the aforesaid interim order, the petitioner has rejoined service of respondent No.4-institution and his continuing to work therein even as on today. 7. In the result, I pass the following: ORDER (i) The petition is hereby allowed. (ii) The impugned endorsement dated 23.03.2021 (Annexure-K) passed by respondent No.4 is hereby quashed. (iii) It is held that the request/proposal of the petitioner for VRS with respondent No.4 hereby stands withdrawn. Since the petitioner had submitted his request for VRS on 02.09.2019 and thereafter submitted a representation for withdrawal of VRS on 18.03.2021, the period between 02.09.2019 and 18.03.2021 shall stand excluded while computing the benefits including salary, arrears of salary etc. payable to the petitioner. - 7 - HC-KAR NC: 2025:KHC-D:13430 WP No. 101957 of 2021 (iv) The concerned respondents are directed to compute all benefits including salary, arrears of salary etc., excluding the period from 02.09.2021 to 18.03.2021 by quantifying the same, and make the payment to the petitioner, after due verification, within a period of two months from the date of receipt of a copy of this order All pending I.As. stand disposed off as not surviving for consideration. Sd/- (S.R. KRISHNA KUMAR) JUDGE KMS Ct:vh List No.: 1 Sl No.: 9