- 1 - HC-KAR NC: 2025:KHC-D:12164 WP No. 101044 of 2025 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. 101044 OF 2025 (S-RES) BETWEEN: 1. SHRI RAGHAVENDRARAO S/O. VENKOBRAO, AGE: 55 YEARS, OCC. ARTIST, BELGAUM INSTITUTE OF MEDICAL SCIENCES, DR.B.R.AMBEDKAR ROAD, BELGAUM. 2. SHRI SANGAPPA S/O. BHARAMAPPA GONNAGAR, AGE: 50 YEARS, OCC. DRIVER, BELGAUM INSTITUTE OF MEDICAL SCIENCES, DR.B.R.AMBEDKAR ROAD, BELGAUM. 3. SHRI YOGESHWAR S/O. DUNDAPPA WALI, AGE: 51 YEARS, OCC. DRIVER, BELGAUM INSTITUTE OF MEDICAL SCIENCES, DR.B.R.AMBEDKAR ROAD, BELGAUM. 4. SHRI SANJEEV S/O. RUDRAPPA IMOJI, AGE: 46 YEARS, OCC. OFFICE ATTENDER, BELGAUM INSTITUTE OF MEDICAL SCIENCES, DR.B.R.AMBEDKAR ROAD, BELGAUM. …PETITIONERS (BY SRI. A.S. PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, TO THE DEPARTMENT OF HEALTH AND FAMILY WELFARE (MEDICAL EDUCATION), Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:12164 WP No. 101044 of 2025 VIDHANA SOUDHA, BANGALORE-560001. 2. THE GOVERNING COUNCIL OF BELGAUM INSTITUTE OF MEDICAL SCIENCES, (BIMS) DR.B.R.AMBEDKAR ROAD, BELGAUM, REPRESENTED BY ITS CHAIRMAN-590001. 3. THE DIRECTOR OF MEDICAL EDUCATION ANAND RAO CIRCLE, BANGALORE-560001. 4. THE DIRECTOR BELGAUM INSTITUTE OF MEDICAL SCIENCES (BIMS), BELGAUM-590001. …RESPONDENTS (BY SRI. SHARAD V. MAGADUM, ADVOCATE FOR R1 TO R3; SRI. UDAY SINGH, ADVOCATE FOR R4) THIS WP IS FILED UNDER ORDER 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO I) WRIT OF MANDAMUS OR ANY OTHER ORDER OR DIRECTION, DIRECTING THE RESPONDENTS TO DISBURSE THE SALARY/ AMOUNT ALONG WITH ARREARS AND WITH THE CONSEQUENTIAL BENEFITS AS CLAIMED BY THE PETITIONERS BY CONSIDERING THE REPRESENTATIONS DATED. 29-08-2024 AND 16-12-2024 SUBMITTED BY THE PETITIONERS TO THE RESPONDENTS AS PER ANNEXURE-J AND K RESPECTIVELY AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:12164 WP No. 101044 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioners are before this Court seeking for the following reliefs: i. Writ of Mandamus or any other Order or Direction, directing the Respondents to disburse the salary/ amount along with arrears and with the consequential benefits as claimed by the petitioners by considering the representations dated. 29-08-2024 and 16-12-2024 submitted by the petitioners to the respondents as per Annexure-J and K respectively. ii. Issue any other appropriate Writ or Order or direction which deems fit to grant by this Hon’ble Court in the facts and circumstances of the case. 2. The representations dated 29.08.2024 and 16.12.2024 had been submitted by the petitioners for release of salary and arrears, and also consequential benefits. 3. Notice having been issued, Sri.Uday Singh, learned counsel has entered appearance for respondent No.4, the answering respondent. - 4 - HC-KAR NC: 2025:KHC-D:12164 WP No. 101044 of 2025 4. He submits that the representations which have been submitted by the petitioners are under active consideration. Notice has been issued on 12.09.2025 calling upon the petitioner to concur with the calculation made by respondent No.4. 5. I am of the considered opinion that there will be no requirement for any such concurrence on the part of the petitioners. 6. Respondent No.4 was required to pass necessary orders as per the calculation of respondent No.4 and release/disburse the amounts due to the petitioner. 7. If at all the petitioners are aggrieved by the calculation and or the methodology of calculation, the petitioners could always challenge the same in an appropriate proceedings. The concurrence of the petitioners is not a prerequisite for the respondents to release the admitted amounts. - 5 - HC-KAR NC: 2025:KHC-D:12164 WP No. 101044 of 2025 8. In that view of the matter, I pass the following: ORDER i. The writ petition is allowed. ii. A mandamus is issued directing respondent No.4 to consider and pass necessary orders on the representations dated 29.08.2024 and 16.12.2024 submitted by the petitioners at Annexures-J and K within a period of 4 weeks from today as also disburse the due amounts to the petitioner. iii. If the petitioners are aggrieved by the calculation and methodology, liberty is reserved to the petitioners to challenge the same. Sd/- (SURAJ GOVINDARAJ) JUDGE SH Ct:pa, List No.: 1 Sl No.: 56