- 1 - HC-KAR NC: 2025:KHC:37268 WP No. 9510 of 2024 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. 9510 OF 2024 (S-RES) BETWEEN: SRI.M.S. LAKSHMANA GOWDA AGED ABOUT 56 YEARS S/O LATE M M SOME GOWDA ASSISTANT TEACHER H NARASIMHAIAH MEMORIAL HIGH SCHOOL NARIGUDDANAHALLI JYOTHINAGAR POST-577102 CHIKKAMAGALURU RESIDENT OF NEAR BANNI TREE SRINIVASANAGARA RAMPURA POST-577101 CHIKKAMAGALURU. …PETITIONER (BY SRI. JAGADISH BALIGA N., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS SECRETARY TO EDUCATION DEPARTMENT (AIDED INSTITUTE) VIDHANA SOUDHA, BENGALURU-560001. 2. DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS PUBLIC INSTRUCTION DEPARTMENT ZILLA PANCHAYATH CHIKKAMAGALURU-577101. 3. BLOCK EDUCATION OFFICER PUBLIC INSTRUCTION DEPARTMENT BELUR ROAD, CHIKKAMAGALUR-577101. Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37268 WP No. 9510 of 2024 4. THE SECRETARY SRI RANGARAM EDUCATION SOCIETY BILEKALLU (NARIGUDDANAHALLI) JYOTHINAGAR POST-577102 CHIKKAMAGALURU. 5. THE HEAD MASTER H NARASIMHAIAH MEMORIAL HIGH SCHOOL NARIGUDDANAHALLI JYOTHINAR POST CHIKKAMAGALURU-577102. …RESPONDENTS (BY SRI.SIDHARTH BABU RAO, AGA FOR R1 TO R3: SRI GAGANDEEP E, ADVOCATE FOR SRI. P B AJIT, ADVOCATE FOR R4 & R5 ) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER ANNEXURE-A DATED 11.9.23 AND THEREBY DIRECT TO RELEASE IN FAVOUR OF THE PETITIONER OF SPECIAL INCENTIVE OF THE PERSONAL PAY PROMOTING THE SMALL FAMILY NORMS WITH EFFECT FROM THE SALARY MONTH OF OCTOBER 2013 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:37268 WP No. 9510 of 2024 ORAL ORDER 1. In this writ petition, the petitioner has sought the following reliefs: (a) issue Writ of Mandamus or any other Writ or Direction directing the Respondents to consider Annexure-A dated 11-09-2023 and thereby direct to release in favour of the Petitioner of Special Incentive of the Personal Pay Promoting the Small Family Norms with effect from the salary month of October 2013; b) Issue writ of mandamus or any other direction directing the Respondents 1 to 3 to take proper action as against the 4th and 5th Respondents for not acting properly on the Representations made by the Petitioner more particularly Annexure-A dated 11-09-2023; and (c) grant such other and further reliefs deems fit under the circumstances of the case including the cost, in the interests of justice and equity. 2. The case of the petitioner is that the petitioner was working as an Assistant Teacher in respondent No.5 Institution. The Government by order dated 01.10.1985 has introduced a scheme to grant a special increment to the Government employees and employees of aided - 4 - HC-KAR NC: 2025:KHC:37268 WP No. 9510 of 2024 Educational Institutions, where either the employee or their spouse undergoes sterilization after having two living children and they can avail this increment subject to conditions. The petitioner has submitted a representation to respondent No.5-Institution vide Annexure-F seeking benefit under the said scheme. As the Management did not forward the representation of the petitioner to the Government, the petitioner independently forwarded the representation to the State Government vide Annexure-A. Since no action has been taken on the representation, the petitioner is before this Court. 3. The learned counsel for the respondent-Management has submitted that the Management has not received any such representation from the petitioner. However, if the petitioner submits the representation afresh, the same shall be forwarded to the concerned authority. - 5 - HC-KAR NC: 2025:KHC:37268 WP No. 9510 of 2024 4. In view of the above and without expressing any opinion on the merits of the case, the writ petition is disposed of. 5. If the petitioner submits a representation to the Management, the Management is directed to forward the same to the concerned authority within two weeks from the date of receipt of such representation. On receipt of the said representation, the Government is directed to consider the same in accordance with law and within three months from the date of receipt of representation from the Management. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM LIST NO.: 1 SL NO.: 59