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2025 DAILYLAW 72616 (KAR)

SMT SHOBA K v. STATE OF KARNATAKA

WP/22098/2025 · 2025-08-13

H T Narendra Prasad

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:31238 WP No. 22098 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 22098 OF 2025 (S-RES) BETWEEN: 1. SMT SHOBA K W/O VASANTHA KUMAR AGED ABOUT 72 YEARS R/AT NO. 2-7EA, SUMUKA NEAR THIRUVAIL SCHOOL VAMANJOOR POST MANGALORE-575028. 2. SMT BHARATHI.B W/O ANNAIAH.M AGED ABOUT 75 YEARS ABAHYA HOUSE, MOGERU POST MOGERU VILLAGE, MANGALORE TALUK-574144. 3. SMT THILOTHAMMA U.G W/O SADASHIVA SOMESHWAR AGED ABOUT 72 YEARS R/AT SWAGATH, VISHNUMURTY TEMPLE ROAD KOTEKAR POST ULLAL TALUK MANGALORE-575022. 4. SRI RAGAVENDRA BHAT AGED ABOUT 72 YEARS S/O KRISHNA BHAT KOTEKAR BEERI, KOTEKAR MANGALORE-575022 …PETITIONERS (BY SRI. RANJAN KUMAR K., ADVOCATE) Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31238 WP No. 22098 of 2025 AND: 1. STATE OF KARNATAKA REP BY ITS SECRETARY DEPARTMENT OF PRIMARY EDUCATION M.S BUILDING AMBEDKAR ROAD BANGALORE-560001. 2. THE COMMISSIONER DEPARTMENT OF PRIMARY EDUCATION NRUPATHANGA ROAD BANGALORE-560001. 3. DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS ADMINISTRATION DEPARTMENT OF PUBLIC INSTRUCTIONS DAKISHNA KANNADA DISTRICT-575001. 4. BLOCK EDUCATIONAL OFFICER DAKSHINA KANNADA, DISTRICT BONDEL-575001. 5. BLOCK DEVELOPMENT OFFICER BUNTWAL, DAKISHNA KANNADA -574211. …RESPONDENTS (BY SRI. SIDHARTH BABURAO, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO EXTEND THE BENEFIT OF ONE ADDITIONAL INCREMENT TO THE PETITIONERS BY ALLOWING THE WRIT PETITION IN TERMS OF THIS HOUNRABLE COURT’S ORDER DATED 28.11.2018, PASSED IN W.P. NO. 58694- 58703/2014, VIDE ANNEXURE-K AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:31238 WP No. 22098 of 2025 CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. In this writ petition, the petitioners have sought for following relief/s: “a. Issue a Writ of Mandamus, directing the Respondents to extend the benefit of one additional increment to the petitioners by allowing the writ petition in terms of this Honorable Court's order dated 28.11.2018, passed in W.P. No. 58694- 58703/2014, vide Annexure-K. b. Issue a Writ of Mandamus directing the respondent authorities to extend the benefit of one additional increment to the Petitioners for having passed the Kannada Language Examination as per the representations dated 12.7.2024 made by the petitioners, marked respectively at Annexure-E to H. c. Issue a direction to the respondent authorities to settle all the service benefits of the Petitioners by re- fixing their pay and pension, extending the benefit of one additional increment along with arrears and interest, and pass appropriate suitable orders and consequential benefits, in the interest of justice and equity. d. Issue any other incidental and consequential reliefs as deemed fit under the facts and circumstances of the case and in aid of the main - 4 - HC-KAR NC: 2025:KHC:31238 WP No. 22098 of 2025 relief sought for, in the interest of justice and equity.” 2. The case of the petitioners is that they are employees of different primary schools in Dakshina Kannada District. The petitioners’ posts were admitted to grant-in-aid. Further, the case of the petitioners is that all of them have passed the SSLC examination with Kannada as the first language, in accordance with Rule 6 of the Karnataka Civil Services (Service and Kannada Language Examination) Rules, 1974. It is also submitted that in the case of similarly situated persons, this Court, in W.P.Nos.58694-58703/2014 disposed of on 28.11.2018, vide Annexure-K, has granted an increment. However, in the case of the petitioners, the respondents have not granted the same benefit under the said Rules. Consequently, the petitioners submitted representations vide Annexures E to H. Despite this, the respondents have failed to consider the said representations. Hence, the present petition is filed. - 5 - HC-KAR NC: 2025:KHC:31238 WP No. 22098 of 2025 3. Learned counsel for respondents submits that if this Court grants some reasonable time, the representations submitted by the petitioners will be considered, in accordance with law. 4. In view of the above, without expressing any opinion on the merits of the case, the writ petition is disposed of. 5. Respondents are directed to consider the representations of the petitioners vide Annexures-E to H, in accordance with law, as expeditiously as possible, not later than three months from the date of receipt of certified copy of this order. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA LIST NO.: 1 SL NO.: 6