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2025 DAILYLAW 57518 (KAR)

SRIPATHI G @ G. SREEPATHI v. STATE OF KARNATAKA

WP/33999/2024 · 2025-09-09

H T Narendra Prasad

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:35531 WP No. 33999 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 33999 OF 2024 (S-RES) BETWEEN: SRIPATHI G @ G. SREEPATHI S/O LATE SRI GANAPATHI PANDIT AGED ABOUT 63 YEARS RESIDING AT SREE RAMASHRAYA 4TH MAIN ROAD, SHIVA MOOKAMBIKA NAGAR S S PURAM POST, TUMAKURU-572102 …PETITIONER (BY SRI. RAGHAVA P., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY MINISTRY OF FOOD, CIVIL SUPPLIES AND CONSUMERS AFFAIRS VIKASA SOUDHA, DR AMBEDKAR VEEDHI BENGALURU-560001. 2. KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION REP. BY THE REGISTRAR KSDRC BASAVA BHAVAN BENGALURU-560001. 3. THE REGISTRAR KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION KSDRC BASAVA BHAVAN BENGALURU-560001 …RESPONDENTS Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35531 WP No. 33999 of 2024 (BY SRI.VIKAS R, AGA FOR R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO PAY THE TOTAL WITHHELD SALARY AMOUNTING TO THE TUNE OF RS. 4,19,698/- (RUPEES FOUR LAKHS NINETEEN THOUSAND SIX HUNDRED AND NINETY EIGHT ONLY) FOR THE PERIODS BETWEEN 01.05.2021 TILL 20.06.2021 (50 DAYS) 25.01.2022 TILL 31.01.2022 (7 DAYS) AND 21.01.2023 TILL 05.04.2023 (75 DAYS) INCLUSIVE OF THE INTEREST UNTIL 30.11.2024 CALCULATED AT 18 PERCENT P.A. UNTIL THE SAID AMOUNTS ARE REALIZED 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 ORAL ORDER This writ petition is filed under Articles 226 & 227 of the Constitution of India, seeking the following relief: “(i) To issue a writ in the nature of mandamus directing the respondents to pay the total withheld salary amounting to the tune of Rs.4,19,698/- (rupees four lakhs nineteen thousand six hundred and ninety eight only) for the periods between May 01, 2021 till June 20, 2121 (50 days), January 25, 2022 till January 31, 2022 (7 days) and January 21, 2023 till April 05, 2023 (75 days), inclusive of the interest until November 30, 2024 - 3 - HC-KAR NC: 2025:KHC:35531 WP No. 33999 of 2024 calculated at 18% p.a. until the said amounts are realized. (b) To direct the respondents for the payment of compensation to the tune of Rs.10,00,000/- (rupees ten lakhs only) for illegal deductions and causing mental and physical trauma to the petitioner while he was undergoing medical treatment for recovery from critical health issues. (c) To direct the respondents to pay for the costs of litigation borne by the petitioner upto the tune of Rs.1,50,000/- (rupees one lakh fifty only).” 2. The petitioner was appointed as a Member of the District Consumer Forum, State of Karnataka in March 2020 and he was retired from the service on 01.06.2023. For the periods from 01.05.2021 to 20.06.2021 (50 days), from 25.01.2022 to 31.01.2022 (7 days), from 21.01.2023 to 05.04.2023 (75 days), the salary has not been paid. Therefore, the petitioner sent a legal notice dated 24.10.2024 vide Annexure-M. Since the same was not considered, the petitioner is before this Court. - 4 - HC-KAR NC: 2025:KHC:35531 WP No. 33999 of 2024 3. The learned AGA appearing for the respondents submits that, if this Court grants some reasonable time, the legal notice submitted by the petitioner will be treated as a representation and the same would be considered in accordance with law. 4. In view of the above, without expressing any opinion on the merits of the case, the respondent Nos. 1 and 2 are directed to consider the legal notice as a representation and pass appropriate orders, in accordance with law, as expeditiously as possible, not later than three months from date of receipt of a copy of this order. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM LIST NO.: 1 SL NO.: 63