- 1 - HC-KAR NC: 2025:KHC:27067-DB RP No. 582 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JULY, 2025 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA REVIEW PETITION NO. 582 OF 2023 BETWEEN: 1. THE STATE OF KARNATAKA REP BY DIRECTOR, DEPARTMENT OF PUBLIC INSTRUCTIONS NEW PUBLIC OFFICE, NRUPATHUNGA ROAD, K R CIRCLE, BANGALORE-560001 2. THE ACCOUNTANT GENERAL IN KARNATAKA (A AND E) PARK HOUSE ROAD, BENGALURU-560001 3. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS DEPARTMENT OF PUBLIC INSTRUCTIONS, BEHIND DEPUTY COMMISSIONER'S OFFICE, HASSAN DISTRICT-573201 4. THE BLOCK EDUCATION OFFICER DEPARTMENT OF PUBLIC INSTRUCTIONS, ALUR TALUK-573213 HASSAN DISTRICT. …PETITIONERS (BY SRI. B RAVINDRANATH, ADVOCATE) AND: SRI RAMAKRISHNA P R S/O RAJEGOWDA, Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:27067-DB RP No. 582 of 2023 AGED ABOUT 48 YEARS, WORKED AS ASSISTANT TEACHER OF G.L.P.S, BIJJANNAL HALLI, ALUR TALUK, HASSAN DISTRICT PREVIOUSLY R/AT EWS-5, II CROSS, IST MAIN, KUVEMPUNAGAR, MYSURU-570027 PRESENTLY R/AT NO.561, 10TH CROSS, BSK III STAGE, BHUVANESHWARI NAGAR, BANGALORE-560085 …RESPONDENT (BY SRI. LOKESH C, ADVOCATE) THIS REVIEW PETITION IS FILED UNDER ORDER 47 RULE 1 R/W ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO REVIEW THE IMPUGNED ORDER DATED 29/05/2023 PASSED BY THIS HONBLE COURT IN W.P.NO.15763/2020(S-KSAT) IN THE INTERESTS OF JUSTICE AND EQUITY AND ETC. THIS PETITION, COMING ON FOR FURTHER ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.G.PANDIT and HON'BLE MR. JUSTICE C.M. POONACHA ORAL ORDER (PER: HON'BLE MR. JUSTICE C.M. POONACHA) The State represented by the Department of Public Instructions together with its officials have filed the present review petition under Order XLVII Rule 1 of the Code of Civil Procedure, 19081 read with Article 226 of the Constitution of 1 Hereinafter referred to as ‘CPC’ - 3 - HC-KAR NC: 2025:KHC:27067-DB RP No. 582 of 2023 India, seeking to review the order dated 29.5.2023 passed in WP No.15763/2020. 2. Heard the submissions of learned AGA Sri B.Ravindranath, appearing for the appellants and learned counsel Sri Trivikram appearing for learned counsel Sri G.Lokesh, for the respondent/writ petitioner. 3. The primary contention urged by the learned AGA in support of the review petition is that even after the request of the respondent/writ petitioner for voluntary retirement was rejected, he did not work between the period from 1.6.2014 to 5.5.2017 and hence, the order dated 29.5.2023 passed in WP No.15763/2020 is liable to be reviewed to the extent of directing that the writ petitioner is not entitled for monetary benefits for the said period from 1.6.2014 to 5.5.2017, as also interest on the said terminal benefits and the further direction of enquiry to be conducted to recover the said interest. 4. Learned counsel for the respondent/review petitioner submits that no grounds have been made to review the order dated 29.5.2023 and seeks for dismissal of the review petition. - 4 - HC-KAR NC: 2025:KHC:27067-DB RP No. 582 of 2023 5. It is forthcoming that the writ petitioner, after submitting his application dated 28.2.2014 for voluntary retirement from 31.5.2014, stopped attending to his duties without obtaining permission or seeking for leave. That on 31.5.2014 without obtaining permission from the concerned authorities, the writ petitioner has handed over the charge to the Assistant Teacher of the same school, who has taken charge without instructions from the concerned authorities. That upon the same coming to the notice of the concerned authorities, a notice dated 19.7.2014 was issued to the Assistant Teacher, which has been replied. A notice dated 21.6.2014 issued to the respondent/writ petitioner has not been replied. That the writ petitioner has not produced the notice dated 21.6.2014 in the proceedings before the Tribunal or before this Court. 6. Having regard to the aforementioned, it is noticed that in view of the admitted position that the writ petitioner did not work during the period between 1.6.2014 and 5.5.2017, it is just and proper that the present petition be allowed and the order dated 29.5.2023 be reviewed only to the extent of holding that the writ petitioner shall not be entitled for salary - 5 - HC-KAR NC: 2025:KHC:27067-DB RP No. 582 of 2023 between the said period from 1.6.2014 to 5.5.2017. However, the said period shall be taken into consideration for calculation of the terminal benefits payable to the writ petitioner. The further direction in the order dated 29.5.2023 passed in WP No.15763/2020 regarding recovery of interest after conducting an enquiry from the concerned officer/s and filing a compliance report thereof also stands reviewed/set aside. 7. Accordingly, the above review petition stands partly allowed. SD/- (S.G.PANDIT) JUDGE SD/- (C.M. POONACHA) JUDGE ND List No.: 1 Sl No.: 3