Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:45927 WP No. 4313 of 2015
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 4313 OF 2015 (S-RES) BETWEEN:
1.
SRI N R NARASIMHA MURTHY SINCE DEAD REP. BYS HIS LEGAL REPRESENTATIVES
1(A) SMT RENUKAMMA W/O N R NARASIMHAMURTHY KEMPEGOWDA NAGAR MAGADI TOWN, MAGADI RAMANAGARA - 562 120
1(B) MAMATHA N W/O GURUSWAMY M.R.
KEMPEGOWDA NAGAR WARD No.5, MAGADI RAMANAGARA - 562 120
1(C) SANTHOSHA N C/O NARASIMHAMURTHY N.R.
KEMPEGOWDA NAGAR MAGADI TOWN, MAGADI RAMANAGARA - 562 120
1(D) MAHESH G.N.
S/O NARASIMHAMURTHY N.R.
No.627, 1ST CROSS NEAR D A V PUBLIC SCHOOL SHARADA NAGAR
Digitally signed by SUNITHA K S Location:
HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:45927 WP No. 4313 of 2015
BANGALORE SOUTH BANGALORE - 560 001 …PETITIONERS
(BY SRI. ARPITH R. REDDY, ADVOCATE FOR SRI. K N SUBBA REDDY, ADVOCATE)
AND:
1.
THE COMMISSIONER DEPARTMENT OF PUBLIC INSTRUCTION NEW PUBLIC OFFICE, NRUPATHUNGA ROAD, BANGALORE-560 001.
2.
THE SECRETARY DEPARTMENT OF PUBLIC INSTRUCTION NEW PUBLIC OFFICE, NRUPATHUNGA ROAD, BANGALORE-560 001.
3.
THE JOINT DIRECTOR OF PUBLIC INSTRUCTION DEPARTMENT OF PUBLIC INSTRUCTION NEW PUBLIC OFFICE, NRUPATHUNGA ROAD, BANGALORE-560 001.
4.
THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTION TUMKUR-572 101.
5.
THE BLOCK EDUCATION OFFICER CHIKKANAYAKANAHALLY, TUMKUR DISTRICT-572 101 …RESPONDENTS
(BY SRI. B.J. ESHWARAPPA, ADVOCATE FOR R1 TO R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATION OF THE PETITIONER VIDE ANNEX-E DTD.
2.12.2014 AND GRANT HIM SALARY FOR THE PERIOD OF 1.4.1985 TO 17.8.1998 WHEN THE PETITIONER WAS WORKING AS SECOND DIVISION CLERK IN SRI. SWAMI VIVEKANANDA
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HC-KAR NC: 2025:KHC:45927 WP No. 4313 of 2015
HIGH SCHOOL. DIRECT THE RESPONDENTS TO PAY ALL THE CONSEQUENTIAL RELIEFS TO THE PETITIONER FOR THE PERIOD 1.4.1985 TO 17.8.1998 ALONG WITH CONSEQUENTIAL INTEREST TO THE PETITIONER.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI
ORAL ORDER
1. The petitioner filed this writ petition seeking for a mandamus directing the respondents to consider the representation of the petitioner vide Annexure-E wherein, the petitioner has requested the respondents to grant salary for the period from 01.04.1985 to 17.08.1998 when the petitioner was working as a second division clerk in Sri. Swami Vivekananda High School.
2. Brief facts leading rise to the filing of this writ petition are as follows:
3. The petitioner was working as a second divisional clerk in Sri. Swami Vivekananda High School,
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HC-KAR NC: 2025:KHC:45927 WP No. 4313 of 2015
Chikkanayakanahally, Tumkur District, from 01.04.1985, on a temporary basis. The appointment of the petitioner was terminated by the Department of Public Instruction vide termination
order dated 01.12.1988 on the grounds of non following of roster scheme in his appointment, lack of overall service period, and the age of the petitioner exceeding the maximum prescribed age limit for appointment.
4. Thus, the petitioner aggrieved by the order of termination preferred a writ petition in WP No. 373 of
1983. This court allowed the writ petition and quashed the order of termination vide order dated
11.4.1989. The petitioner has submitted a representation to pay the salary from 01.04.1985 till
17.08.1998. Despite submitting a representation, the respondents have not passed any order on the said representation. Hence, this writ petition.
5. Heard the learned counsel for petitioners and learned Additional Government Advocate for the respondents.
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HC-KAR NC: 2025:KHC:45927 WP No. 4313 of 2015
6. Learned Additional Government Advocate submits that if reasonable time is granted to the respondents, the respondents would consider the representation vide Annexure-E and pass an appropriate order in accordance with law.
7. In view of the submission made by the learned Additional Government Advocate, I proceed to pass the following order:
ORDER i. The writ petition is allowed. ii. The respondents are directed to consider Annexure-E and pass the appropriate orders in accordance with law within 8 weeks from the date of receipt of copy of this order.
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HC-KAR NC: 2025:KHC:45927 WP No. 4313 of 2015
In view of the disposal of the main petition, pending IAs, if any, do not survive for consideration and they are
disposed of accordingly.
Sd/- (ASHOK S.KINAGI) JUDGE
SKS CT:KHV