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2025 DAILYLAW 70646 (KAR)

SRI D K LAKSHMI KANTH v. STATE OF KARNATAKA

WP/28340/2024 · 2025-11-26

Ashok S Kinagi

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:49905 WP No. 28340 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 28340 OF 2024 (S-RES) BETWEEN: SRI D K LAKSHMI KANTH S/O DAKAPPA K.L AGED ABOUT 43 YEARS, R/AT NO.528/54, 14TH MAIN 1ST PHASE, GOKULA MATHIKERE, BENGALURU 560054 …PETITIONER (BY SRI. BHARGAV G., ADV.) AND: 1. STATE OF KARNATAKA BY ITS SECRETARY EDUCATION DEPARTMENT M.S BUILDING BENGALURU 560001 Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:49905 WP No. 28340 of 2024 2. THE DIRECTOR HIGHER EDUCATION PUBLIC EDUCATION DEPARTMENT COMMISSIONER'S OFFICE NRUPATUNGA ROAD, BENGALURU 560001 3. THE DEPUTY DIRECTOR DEPARTMENT OF PUBLIC EDUCATION BENGALURU NORTH DIVISION OPP. CAUVERY BHAVAN K.G ROAD, BENGALURU 560002 4. THE BLOCK EDUCATION OFFICER DEPARTMENT OF PUBLIC EDUCATION, NORTH DIVISION - IV YALAHANKA, BENGALURU 560064 5. BEL EDUCATION INSTITUTION MANAGEMENT COMMITTEE JALAHALLI, BENGALURU 560013 REP. BY ITS SECRETARY - 3 - HC-KAR NC: 2025:KHC:49905 WP No. 28340 of 2024 6. AMBUJAMMA GADI CHELVARAYA CHETTY EDUCATIONAL SOCIETY NO.30, ST. JOHN'S ROAD RUKMINI COLONY BENGALURU-560042 REP. BY ITS SECRETARY …RESPONDENTS (BY SMT. B.P.RADHA, ADV. FOR R1 TO R4, SRI G.B.SHARATH GOWDA, ADV. FOR R5, SMT. NANDINI.B, ADV. FOR R6) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT RESPONDENTS TO RELEASE THE ARREARS OF PENDING SUBSISTENCE ALLOWANCE FOR THE PERIOD BETWEEN MARCH 2017 TO JULY 2021 AT AN AMOUNT EQUIVALENT TO SEVENTY FIVE PERCENT OF THE PAY DRAWN AND TO FURTHER DIRECT THE RESPONDENT AUTHORITIES TO RELEASE THE PENDING ARREARS OF SALARY STARTING FROM MARCH, 2016 TO JANUARY, 2024 IN ACCORDANCE WITH REVISED PAY SCALE CALCULATED AT RS. 34,79,368/- ALONG WITH 18 PERCENT INTEREST AS PER ANNEXURE-J. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC:49905 WP No. 28340 of 2024 CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER The petitioner has filed this writ petition seeking for mandamus directing the respondent to release the arrears of pending subsistence allowance for the period between March 2017 to July 2021 at an amount equivalent to seventy five percent of the pay drawn and to further direct the respondent Authorities to release the pending arrears of salary starting from March, 2016 to January, 2024 in accordance with revised pay scale calculated at Rs.34,79, 368/- along with 18% interest as per Annexure-J. 2. The Deputy Director of School Education filed an affidavit on 22.07.2025. Paragraph No.4 of the affidavit, which reads as follows: "4. I state that, in the light of the Government Circular dated bearing No.FD 04 TFP 2023, dated 08.08.2023 any arrears of the payment pertaining to salary and other emoluments with regard to the financial year 2021-22, it has been specifically instructed as - 5 - HC-KAR NC: 2025:KHC:49905 WP No. 28340 of 2024 that the said proposals to be placed before the Finance Department and to obtain approval for disbursement." 3. In view of the affidavit filed by the Deputy Director of School Education, the writ petition is disposed off directing respondent No.3 to pay the arrears of salary to the petitioner within four months from the date of the receipt of the copy of this order. 4. Pending applications, if any, stand disposed off accordingly. Sd/- (ASHOK S.KINAGI) JUDGE SSB