Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-D:14229-DB CCC No. 100289 of 2025
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 25TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B.
CIVIL CONTEMPT PETITION NO. 100289 OF 2025 BETWEEN:
NARAYAN KRISHNA MARATHE AGE. 71 YEARS, OCC. RET. PRINCIPAL, R/O. III CROSS, BHAGYA NAGAR, BELAGAVI 590006. …COMPLAINANT
(BY SMT. CHETANA S. BIRAJ, ADVOCATE)
AND:
1.
DR. SHALINI RAJESH THE STATE OF KARNATAKA, R/BY ITS CHIEF SECRETARY, VIDHAN SOUDHA, BENGALURU 560001.
2.
DR. K.G. JAGADISHA THE PRINCIPAL SECRETARY, HIGHER EDUCATION, GOVERNMENT OF KARNATAKA, M.S. BUILDING, BANGALURU 560001.
3.
SHRI. RAJIV KUMAR SINGH THE PRINCIPAL ACCOUNTANT GENERAL, (A AND E), BANGALORE P.B. NO.5329, PARK HOUSE ROAD, BENGALURU 560001. …ACCUSED
4.
THE STATE OF KARNATAKA REPRESENTED BY AGA.
…PROFORMA RESPONDENT
(BY SRI. SHARAD V. MAGADUM, AGA FOR ACCUSED/RESPONDENT)
VISHAL NINGAPPA PATTIHAL Digitally signed by VISHAL NINGAPPA PATTIHAL Location: HIGH COURT OF KARNATAKA DHARWAD
BENCH
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HC-KAR NC: 2025:KHC-D:14229-DB CCC No. 100289 of 2025
THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, R/W. ARTICLE 215 OF CONSTITUTION OF INDIA, 1950, PRAYING TO INITIATE THE CONTEMPT PROCEEDING AND PUNISH THE ACCUSED/RESPONDENTS FOR NOT COMPLYING WITH THE
ORDER PASSED IN WP NO.100531/2025 DATED 24/02/2025 AT ANNEXURE-A AND PUNISH ACCUSED/RESPONDENTS, IN THE INTEREST OF JUSTICE.
THIS CCC COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM:
THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B.
ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S G PANDIT)
This contempt petition is filed under Section 12 of the Contempt of Courts Act, 1971 read with Article 215 of the Constitution of India alleging disobedience of order dated 24.02.2025 passed in WP No.100531/2025, whereunder this Court passed the following order:
In that light, I deem it appropriate to direct the petitioner to furnish a fresh representation enclosing the memo of calculations that is now enclosed to the memo filed before this Court. If a representation enclosing the memo would be filed by the petitioner, the representation shall be answered by respondents No.2 and 3 for the purpose for which it is rendered bearing in mind the memo of calculations that is appended to the said representation and pass necessary orders within eight weeks from the date of submission of the said representation.
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HC-KAR NC: 2025:KHC-D:14229-DB CCC No. 100289 of 2025
2. Heard the learned counsel Smt. Chetana S Biraj for the complainant and learned AGA Sri. Sharad V Magadum for the accused. Perused the contempt petition papers.
3.
Learned counsel for the complainant would submit that in total disregard to the direction issued by this Court, endorsement dated 6.10.2025 has been issued declining payment of interest as well as arrears of pension to the complainant. Further, learned counsel would submit that the complainant had submitted a memo of calculation indicating the entitlement of the complainant as regards the arrears of pension. Further, learned counsel for the complainant would submit that the complainant retired from service in the year 2004, but pension was paid in the year 2022. Therefore, it is submitted that the complainant would be entitled to interest for the delayed payment of pension and pensionary benefits.
4. Learned AGA inviting attention of this Court to an affidavit of accused No.2 filed along with endorsement dated 6.10.2025 would submit that the accused by considering the representation of the complainant, as directed by this Court,
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HC-KAR NC: 2025:KHC-D:14229-DB CCC No. 100289 of 2025
has come to a conclusion that the complainant would not be entitled for arrears of pension or interest as requested. It is submitted that as the accused have considered the representation and passed orders, the contempt petition requires to be dismissed.
5. Having heard the learned counsel for the parties and on perusal of the contempt petition papers, we are of the considered view that there is substantial compliance of the direction issued by this Court and as such, further proceedings need to be dropped.
6. This Court directed to consider the representation of the complainant/petitioner submitted along with calculation and to pass necessary orders. Accused No.2 having considered the representation and calculation submitted by the complainant, under endorsement dated 6.10.2025, rejected the request of the complainant. There is no specific direction for payment of arrears or interest on the delayed payment of pensionary benefits. In that circumstance, we are of the opinion that there is substantial compliance of the order
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HC-KAR NC: 2025:KHC-D:14229-DB CCC No. 100289 of 2025
passed by this Court. If the complainant is aggrieved by endorsement dated 6.10.2025, it is open for the complainant to seek appropriate remedy by approaching the appropriate forum.
7. In the light of the above, further proceedings are dropped.
Sd/- (S G PANDIT) JUDGE
Sd/- (GEETHA K.B.) JUDGE
JTR CT:VP LIST NO.: 1 SL NO.: 2