- 1 - HC-KAR NC: 2025:KHC-D:12114 WP No. 102864 of 2022 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 16TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 102864 OF 2022 (S-R) BETWEEN: SMT. HAMPI THIPPAMMA AGE: 62 YEARS, OCC. RETIRED HIGHER PRIMARY SCHOOL TEACHER, R/O. 4TH WARD, AMBADKAR NAGAR, KAMALAPUR, HOSPET, DIST. VIJAYANAGAR-583221. …PETITIONER (BY SRI. DEEPAK MAGANUR, ADVOCATE) AND: 1. THE SECRETARY DEPARTMENT OF PRIMARY EDUCATION, NRUPATUNGA ROAD, 4TH FLOOR, MULTI STOREYED BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU-500001. 2. THE COMMISSIONER PUBLIC INSTRUCTION (EDUCATION), GULBARGA DIVISION, GULBARGA-585101. 3. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTION (EDUCATION), BALLARI-583101. 4. THE BLOCK EDUCATION OFFICER HOSPETH, VIJAYANAGAR-583221. 5. THE HEAD MASTER Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:12114 WP No. 102864 of 2022 PANDURANGA SWAMI HIGHER PRIMARY SCHOOL, ANANTHASAYANA GUD, HOSPET (TQ), VIJAYANAGAR-583221. …RESPONDENTS (BY SRI. SHARAD V. MAGADUM, AGA FOR R1 TO R4; R5-NOTICE SERVED) THIS WP IS FILED UNDER ORDER 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A. ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS AUTHORITY TO RELEASE THE ARREARS OF THE PETITIONER AS PER THE ORDER ED/364/PCM/2008 VIA ANNEXURE D AND AS PER THE DIRECTION IN W A 5115-5387/2000.B. THE INTEREST AT THE RATE OF 12 P A BE AWARDED FOR THE ARREARS AMOUNT FROM THE DATE THE SAME BECAME DUE AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: a. Issue Writ in the nature of Mandamus directing the respondents authority to release the arrears of the petitioner as per the order ED/364/PCM/2008 Via Annexure D and as per the direction in W A 5115-5387/2000. b. The interest at the rate of 12% p.a. be awarded for the arrears amount from the date the same became due. - 3 - HC-KAR NC: 2025:KHC-D:12114 WP No. 102864 of 2022 c. Issue any order or direction as this Hon’ble Court deems fit in the circumstances of the case and for cost in the interest of justice and equity. 2. It is submitted that the petitioner had earlier initiated proceedings seeking release of salary arrears, which culminated in an order passed in WA.Nos.5115- 5387/2000, wherein this Court directed the respondents to release the arrears of salary due to the petitioner. Thereafter, the petitioner has been consistently following up the matter with the respondents. However, vide communication dated 21.03.2022, Respondent No. 4 called upon the petitioner to furnish the correspondence between Respondent No. 5 and the official respondents in respect of the release of arrears. On the ground that the petitioner did not furnish such correspondence, the matter was not taken forward by the authorities. 3. In my considered view, Respondent No. 4 could not have insisted that the petitioner furnish internal - 4 - HC-KAR NC: 2025:KHC-D:12114 WP No. 102864 of 2022 correspondence between Respondent No.5 and the official respondents, including Respondent No.4. If such correspondence existed, it would have been available on the files of the official respondents and could have been verified by them. More importantly, the non-availability of internal correspondence cannot be a valid ground for denying the release of salary arrears, particularly when the entitlement to such arrears has already been confirmed by this Court in W.A. Nos. 5115-5387/2000, 4. In light of the above, the following order is passed: ORDER i. The writ petition is allowed. ii. The respondents are directed to release the arrears of salary due to the petitioner, in terms of Government Order ED No. 364/PCM/2008, and the directions issued in - 5 - HC-KAR NC: 2025:KHC-D:12114 WP No. 102864 of 2022 W.A.Nos. 5115-5387 of 2000, along with applicable interest, in accordance with law, within a period of six weeks from the date of receipt of a certified copy of this order. Sd/- (SURAJ GOVINDARAJ) JUDGE VB CT:PA List No.: 1 Sl No.: 14