- 1 - HC-KAR NC: 2025:KHC:37122 WP No. 28175 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO.28175 OF 2025 (S-RES) BETWEEN: 1. SMT. SARASWATI BIRADAR, D/O BHAGWANT BIRADAR, AGED ABOUT 41 YEARS, LECTURER IN HISTORY, GOVERNMENT PRE-UNIVERSITY COLLEGE, HONNUTAGI, BIJAPUR TALUK, VIJAYAPURA DISTRICT-586 127. …PETITIONER (BY SMT. NANDINI B.S., ADVOCATE) AND: 1. STATE OF KARNATAKA, DEPARTMENT OF SCHOOL EDUCATION, M.S. BUILDING, BENGALURU-560 001, REP. BY ITS PRINCIPAL SECRETARY. 2. JOINT DIRECTOR, DEPARTMENT OF SCHOOL EDUCATION (PRE-UNIVERSITY), 18TH CROSS, MALLESHWARAM, BENGALURU-560 012. …RESPONDENTS (BY SRI. SIDHARTH BABU RAO, AGA) Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37122 WP No. 28175 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE COMMUNICATION BEARING NO.DPUE/EST1/KAT/ 5/2024/1511400 DATED 06.08.2025 ISSUED BY THE R-2 VIDE ANNX-D AND TO DIRECT THE R-2 TO DECLARE THAT THE PROBATIONARY PERIOD OF THE PETITIONER FORM 06.12.2022 AND TO PAY THE FINANCIAL BENEFITS WHICH HAVE BEEN WITHHELD DUE TO NON DECLARATION OF HER PROBATIONARY PERIOD I.E. ANUAL INCREMENTS TA DA AND OTHER BENEFITS TILL DATE IMMEDIATELY ON RECEIPT OF GENUINESS CERTIFICATE. THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER At the outset, the learned Additional Government Advocate raised a preliminary objection regarding maintainability of the writ petition on the ground that the petitioner is a Civil Servant and she has to approach the Karnataka Administrative Tribunal. 2. The grievance in respect of the ‘service matters’ cannot be a subject matter of adjudication at the hands of a writ Court, as the court of first instance, in the light of the decision of the Hon’ble Apex Court in the case of L.CHANDRA KUMAR v. UNION OF INDIA AND OTHERS reported in 1997(2) SCR 1186. - 3 - HC-KAR NC: 2025:KHC:37122 WP No. 28175 of 2025 3. In view of the judgment of the Hon’ble Apex Court supra, the writ petition is disposed of, reserving liberty to the petitioner to approach the appropriate legal forum. 4. Office is directed to return the certified copies to the petitioner forthwith after retaining the xerox. 5. Pending I.As. in this writ petition, if any, are dismissed accordingly. Sd/- (H.T. NARENDRA PRASAD) JUDGE MD List No.: 1 Sl No.: 7