- 1 - NC: 2025:KHC-D:2751-DB CCC No. 100307 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 12TH DAY OF FEBRUARY, 2025 PRESENT THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR CIVIL CONTEMPT PETITION NO. 100307 OF 2023 BETWEEN: SRI. RAVINDRA S/O SHANKARAYYA KARADI AGE 67 YEARS, OCC. RETIRED ACCOUNTS SUPERINTENDENT IN KFDC DHARWAD, R/O SHIVASHANKAR, REDDY COLONY, SARASWATHPUR, DHARWAD 580002. …COMPLAINANT (BY SRI. S.L. MATTI, ADVOCATE) AND: SMT. A. RADHA DEVI, IFS MANAGING DIRECTOR OF KARNATAKA FOREST DEVELOPMENT CORPORATION LIMITED VANAVIKA (VANAVIKAS) 18TH CROSS, MALLESHWARAM, BENGALURU 560003. …ACCUSED (BY SRI. G.I. GACHCHINAMATH, ADVOCATE) THIS CIVIL CONTEMPT PETITION 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 PROCEEDINGS AGAINST THE ACCUSED CORPORATION AND TO PUNISH HER IN ACCORDANCE WITH THE LAW AS THE ACCUSED CORPORATION HAS DISOBEYED/DISRESPECTED AN ORDER PASSED BY THIS HON’BLE COURT IN CIVIL CONTEMPT PETITION NO.100191/2023 DATED 03/08/2023 VIDE ANNEXURE-D, IN THE ENDS OF JUSTICE AND EQUITY. THIS CONTEMPT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:2751-DB CCC No. 100307 of 2023 CORAM: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR ORAL ORDER (PER: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD) The complainant has succeeded in his W.P. No.109520/2015 with the writ Court, while disposing of this petition on 10.02.2023, has directed the Karnataka Forest Development Corporation to reconsider the complainant’s representation for fixation of pay scale in the backdrop of Article 33[16] of the Articles of Association. The complainant has filed this complaint alleging deliberate disobedience, but by order dated 03.08.2023 the proceedings are dropped directing the respondent to give effect to the Official Memorandum dated 02.08.2023 and make payment within a period of one month. 2. The official memorandum dated 02.08.2023 includes the direction to calculate the pay scale of the complainant without applying Rule 2[4] of the Karnataka Civil Services [Automatic Grant of Special Promotion to Senior Scale Pay] Rules, 1983 and fix the scale accordingly. - 3 - NC: 2025:KHC-D:2751-DB CCC No. 100307 of 2023 However, on 15.12.2023 and upon perusal of the order dated 12.08.2023, this Court has observed that the closure of the complaint will have to be reconsidered. Later, on 04.09.2024, this Court has called upon both the sides to avail the assistance of the Office of the Accountant General to workout computation and in terms of this order, the Office of the Accountant General has filed report dated 22.11.2024 fixing the pay scale. 3. The Office of the Accountant General has filed this report after extending due opportunity to the complainant and the respondents’ representative. It is undisputed that the respondent has ensured that the complainant is paid a total sum of Rs.7,99,225/- including a sum of Rs.2,69,601/- covered under the Pay Order dated 11.02.2025 which is handed over to the learned counsel for the complainant today. This amount of Rs.7,99,225/- is paid in three trenches viz., Rs.2,02,080/-, Rs.2,86,021/- [for this amount a pay order has been handed over on the previous hearing date], Rs.2,69,661/- [the pay order dated - 4 - NC: 2025:KHC-D:2751-DB CCC No. 100307 of 2023 11.02.2025 which is referred to the above] and a sum of Rs.40,663/- which is permitted to the complainant. 4. Sri. S.L. Matti, the learned counsel for the complainant, submits that the complainant as against this sum of Rs.7,99,225/- will be entitled to a sum of Rs.8,62,514.96 even when computed according to the pay scale fixed by the Office of the Accountant General and the learned counsel canvasses that unless this entire amount is paid, the respondent would be guilty of deliberate disobedience. In response, Sri. G.I. Gachhinamath, the learned counsel for the respondent, states that the amount of Rs.7,99,225/- is computed according to the pay scale fixed by the Office of the Accountant General and there is no reason for re-visiting. 5. This Court must observe that this statement is after an opportunity extended by this Court on the previous hearing date to re-verify. It emerges from the above that the dispute relates to the computation, and this Court is of the considered view that in the present contempt - 5 - NC: 2025:KHC-D:2751-DB CCC No. 100307 of 2023 proceedings with substantial amount being paid, the claim over the computation cannot be adjudicated. If the complainant can justify his grievance with the computation, he must necessarily avail appropriate remedy with all the aspects can be considered. With the observations as aforesaid, the proceedings are dropped. Sd/- (B.M.SHYAM PRASAD) JUDGE Sd/- (RAMACHANDRA D. HUDDAR) JUDGE RSH, CT:VP LIST NO.: 1 SL NO.: 9