- 1 - HC-KAR NC: 2025:KHC-K:3121 WP No. 200455 of 2015 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 16TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.200455 OF 2015 (S-RES) BETWEEN: JAYAVANTHIE D/O BHASKAR, AGE: 55 YEARS, OCC: LECTURER IN EDUCATION H.G.P.U.COLLEGE, SINDAGI, DIST. BIJAPUR-586128. …PETITIONER (BY SRI. G. G. CHAGSHETTI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH ITS THE PRINCIPAL SECRETARY EDUCATION DEPARTMENT FOR PRIMARY AND SECONDARY, M.S.BUILDING, BANGALORE-560001. 2. THE COMMISSIONER/DIRECTOR OF PRE-UNIVERSITY EDUCATION DEPARTMENT MALLESHWARAM, 18TH CROSS, SAMPIGE ROAD, BANGALORE-560012. 3. THE DEPUTY DIRECTOR OF PRE-UNIVERSITY EDUCATION DEPARTMENT, SHIVANAGAR SOUTH, BIDAR-585401 …RESPONDENTS (BY SRI. MALLIKARJUN SAHUKAR, AGA) Digitally signed by LUCYGRACE Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3121 WP No. 200455 of 2015 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) ISSUE A WRIT OF CERTIORARI AND TO QUASH THE IMPUGNED VIDE ORDER ¸ÀASÉå:¥À¥ÀƲ/¹§âA¢-3/J¥ï.J¥ï.016/j.¦. £ÀA§gï-82548-2012 ¢£ÁAPÀ 16.9.2014 AT ANNEXURE-G TO THE EXTENT OF CONDITIONS AT PAGE NO.3 CONDITION POINT NO.8 ONLY PASSED BY THE RESPONDENT 2 FOR NOT SANCTIONING THE SALARY ON DATED FROM 01.04.2007 UP TO 06.10.2014 TO THE PETITIONER; B) ISSUE A WRIT OF MANDAMUS, DIRECTING THE RESPONDENTS 1, 2 AND 3 TO PAY THE SALARY OF THE PETITIONER WITH ALL CONSEQUENTIAL MONETARY BENEFITS DATED FROM 01.04.2007 UP TO 06.10.2014 WITH INTEREST AT 12% PER ANNUM. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER (PER: HON'BLE MR. JUSTICE M.I.ARUN) The petitioner was appointed as a lecturer in an Institution in the name and style of All India Muslim Education Society’s Pre-University College, Bidar, in the year 1986. The said post was later admitted to grant-in- aid. Thereafter, the said college was derecognized for various reasons. It was decided to shift its teaching and non-teaching staff, whose posts were admitted to - 3 - HC-KAR NC: 2025:KHC-K:3121 WP No. 200455 of 2015 grant-in-aid to other colleges. However, there was a delay in passing necessary orders shifting the petitioner to another college and only on 06.10.2014, he was shown a place to work. However, a condition was imposed wherein the period from 01.04.2007 till the petitioner was assigned another college, which is submitted as 06.10.2014, was treated as work without pay. Hence, the present writ petition is filed with the following prayers: a) “Issue a writ of certiorari and to quash the impugned vide order: ¸ÀASÉå:¥À¥ÀƲ/¹§âA¢- 3/J¥ï.J¥ï.016/j.¦. £ÀA§gï-82548-2012 ¢£ÁAPÀ 16.9.2014 at Annexure-G to the extent of conditions at Page No.3 condition point No.8 only passed by the respondent No.2 for not sanctioning the salary on dated from 01.04.2007 up to 06.10.2014 to the petitioner in the interest of justice and equity. b) Issue a writ of Mandamus, directing the respondent Nos.1, 2 and 3 to pay the salary of the petitioner with all consequential monetary benefits dated from 01.04.2007 upto 06.10.2014 with interest at 12% per annum in the interest of justice, law and equity. c) Issue any other order or direction by this Hon’ble Court deems fit in the circumstances of the case including orders as to the cost of the present writ petition in the interest of justice and equity.” - 4 - HC-KAR NC: 2025:KHC-K:3121 WP No. 200455 of 2015 2. It is submitted that though the petitioner was not assigned any college to teach, his services was occasionally utilised for conduct of examination and other purposes. It is also submitted that the petitioner was always ready and willing to work and he was not otherwise gainfully employed during the said period. It is further submitted that it is the mistake of the Government which resulted in inordinate delay in transferring the petitioner to some other Pre-University College where he could teach. 3. However, during the course of the arguments the learned counsel for the petitioner submits that similar matter was considered by this Court in W.P.No.207258/2014, wherein the petitioner was not granted any salary for the period for which he did not work, but the period was considered for calculating his pension and other retirement benefits and he was given the benefit of continuity of service. It is submitted that the petitioner would be satisfied if he is granted continuity of service from 01.04.2007 till 06.10.2014 and he would not - 5 - HC-KAR NC: 2025:KHC-K:3121 WP No. 200455 of 2015 insist on payment of salary or other monetary benefits for the said period. 4. Learned Additional Government Advocate upon instructions submits that he has no objection for the same. 5. Further, the condition which is challenged in the instant writ petition does not state that the petitioner would not be granted continuity of service but merely says that he is not entitled to salary during the said period. 6. Taking all the aforementioned factors into consideration, the writ petition is disposed of with a direction to the authorities concerned to consider the period between 01.04.2007 and the date on which the petitioner was again assigned the teaching work for the purposes of calculating continuity of services for post retirement benefits. Sd/- (M.I.ARUN) JUDGE VNR List No.: 1 Sl No.: 29 CT:SI