RAJASHEKHAR VEERAPPA RAKKASAGI v. THE STATE OF KARNATAKA
WP/103749/2025 · 2025-07-24
Pradeep Singh Yerur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 84530 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 84530 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2025:KHC-D:9164 WP No. 103749 of 2025
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 24TH DAY OF JULY 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 103749 OF 2025 (S-RES)
BETWEEN:
RAJASHEKHAR VEERAPPA RAKKASAGI, AGE: 53 YEARS, OCC: SERVICE, R/O. #428E, PLOT NO.44, NEAR SHUDDHA WATER FILTER, KARIYAMMAKALLU BADAVANE, GADAG-582 101. …PETITIONER (BY SRI. SHEKHARGOUDA NAGANURI, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA, BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HIGHER EDUCATION, (TECHNICAL EDUCATION), M.S. BUILDING, BENGALURU-560 001.
2.
JOINT DIRECTOR (ADMINISTRATION) DEPARTMENT OF TECHNICAL EDUCATION, PALACE ROAD, BENGALURU-560 001.
3.
THE DIRECTOR, DEPARTMENT OF TECHNICAL EDUCATION, PALACE ROAD, BENGALURU-560 001.
4.
THE COMMISSIONER, DEPARTMENT OF TECHNICAL EDUCATION, PALACE ROAD, BENGALURU-560 001.
5.
THE PRINCIPAL, B.V. BHOOMARADDI COLLEGE OF ENGINEERING AND TECHNOLOGY, HUBBALLI-580 031. …RESPONDENTS (BY SRI. P.N. HATTI, HCGP FOR R1-R4;
SRI. M.B. HIREMATH, ADVOCATE FOR R5)
CHANABASAPPA K KALLUR Digitally signed by CHANABASAPPA K KALLUR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.07.31 14:47:10 +0530
- 2 -
HC-KAR NC: 2025:KHC-D:9164 WP No. 103749 of 2025
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
a) ISSUE A WRIT IN THE NATURE OF MANDAMUS CONSIDER THE REPRESENTATION DATED 17.03.2025 AND 22.05.2025, VIDE ANNEXURE-D AND D1 RESPECTIVELY.
b) TO DIRECT THE RESPONDENT NO.4 & 5 INSTITUTE TO PAY THE ARREARS OF SALARY INCLUDING ALLOWANCE ALONG WITH INTEREST TO THE PETITIONER AND ALSO TO CONTINUE TO PAY THE SALARY OF THE PETITIONER HEREAFTER AND ETC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR)
The present petition is filed by the petitioner seeking writ of mandamus to consider the representations dated 17.03.2025 and 22.05.2025. The petitioner was appointed as a Mechanic in the Mechanical Engineering Department on compassionate ground by the 5th respondent/College on
20.12.1999. Services of the petitioner was confirmed by the 5th respondent vide order dated 17.07.2002. Thereafter, the petitioner was promoted to the post of Assistant Lab Instructor, Department of Mechanical Engineering and he has been working till date.
- 3 -
HC-KAR NC: 2025:KHC-D:9164 WP No. 103749 of 2025
2. This being the state of affairs, the petitioner having worked more than 10 years in the same post was not given any promotion. Respondent No.3 vide
order dated 18.08.2017 passed a resolution stating that the petitioner was entitled for time bound scale payment of salary. Respondent No.5 has withheld the salary of petitioner from February, 2025. Due to which, the petitioner approached respondent No.5 and submitted a representation seeking reasons for withholding of salary and another representation was submitted to respondent No.4 for release of salary. These two representations have not headed any result, petitioners being aggrieved by the same, is before this Court.
3. During the course of arguments, petitioner filed a memo that petitioner is restricting his claim for consideration of his representation in accordance to the orders passed by this Court in Writ Petition No.101190/2025 clubbed with Writ Petition No.101154/2025 and consider his representation as early as possible.
- 4 -
HC-KAR NC: 2025:KHC-D:9164 WP No. 103749 of 2025
4. Learned counsel Sri M.B.Hiremath, appearing for respondent No.5 including respondent No.4 submit that they would consider the representation of the petitioner in accordance with law, if reasonable time is granted.
5. This Court has already disposed of similar case in Writ Petition No.101190/2025 clubbed with Writ Petition No.101154/2025. Petitioner has also deserves similar order. Accordingly, I pass the following :
ORDER (i) Petition is allowed. (ii) Writ of mandamus is issued with a direction to respondent No.4 to consider the representation dated 22.05.2025 of the petitioner in accordance with law within a period of six weeks from the date of receipt of copy of the
order.
Sd/- (PRADEEP SINGH YERUR) JUDGE CKK List No.: 1 Sl No.: 42