Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:46592 WP No. 4921 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 4921 OF 2025 (S-RES) BETWEEN:
SRI CHANDRASHEKARA S/O. SRINIVASA.G, AGED ABOUT 39 YEARS, BHEEMANABEEDU VILLAGE AND POST KASABA HOBLI, GUNDLUPETE TALUK, CHAMARAJANAGARA DISTRICT-571 111. …PETITIONER (BY SRI. SRINIVASA K., ADVOCATE)
AND:
1.
THE CHIEF EXECUTIVE OFFICER ZILLA PANCHAYATH CHAMARAJANAGARA DISTRICT, CHAMARAJANAGARA - 571 313.
2.
THE EXECUTIVE OFFICER, TALUK PANCHAYATH,
Digitally signed by SUNITHA K S Location:
HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:46592 WP No. 4921 of 2025
GUNDLUPET TALUK, CHAMARAJANAGARA DISTRICT - 571 111.
3.
THE PANCHAYATH DEVELOPMENT OFFICER, BHEEMANABEEDU VILLAGE PANCHAYATH, BHEEMANABEEDU, GUNDLUPETE TALUK, CHAMARAJANAGARA DISTRICT-571 111. …RESPONDENTS
(BY SRI. CHANDRAKANTH R GOULAY, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO 1) DIRECT THE R1 TO APPROVE THE SELECTION AND APPOINTMENT OF THE PETITIONER TO THE POST OF CLERK/ OFFICE ASSISTANT TO BE EFFECTIVE FROM THE DATE OF HIS APPOINTMENT BY THE 3RD RESPONDENT ON 07/09/2010 AS PER ANNX-A. 2) DIRECT THE RESPONDENTS TO PAY THE OUTSTANDING ARREARS OF SALARY AS SOUGHT FOR BY THE PETITIONER VIDE HIS REPRESENTATIONS DATED 25/09/2024 VIDE ANNX- M AND M1 RESPECTIVELY TO THE WRIT PETITION.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
******
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HC-KAR NC: 2025:KHC:46592 WP No. 4921 of 2025
CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI
ORAL ORDER
1. The petitioner filed this writ petition seeking for a mandamus directing respondent No.1 to consider the representation vide Annexure-A and also sought for a mandamus directing the respondents to pay the outstanding arrears of salary.
2.
Brief facts leading rise to the filing of this writ petition are as follows:
3. The petitioner, had applied for the post of an Office Assistant at respondent No.3- Panchayath, and his post was approved in 2010. The Tahsildar, Gundlupet Taluk, had nominated the petitioner in April 2018 as Booth Level officer to function in that capacity in 193 Booth (Police Station). On 11.05.2018, the Deputy Commissioner, Chamarajanagar, on a false allegation against the petitioner, without any notice or enquiry, dismissed the petitioner from service. Respondent
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HC-KAR NC: 2025:KHC:46592 WP No. 4921 of 2025
No.1 directed respondent No.3 to take action against the petitioner in terms of the directions issued by the Deputy Commissioner. An order of dismissal was passed against the petitioner on 12.06.2018.
4. The petitioner aggrieved by the order of dismissal preferred an appeal before respondent No.1. The appeal came to be dismissed vide order dated
04.01.2021. The petitioner aggrieved by the order passed by the Appellate Authority preferred a writ petition in WP No.16251 of 2021. The writ petition was allowed and order of dismissal was set aside and
directed the respondents to reinstate the petitioner into service with back wages. The petitioner got issued a legal notice and called upon respondent No.3 to pay the arrears of salary and to forward his name for approval. The respondents have not passed any order on the representations submitted by the petitioner as per Annexures-K, L, M and M1. Hence, this writ petition.
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HC-KAR NC: 2025:KHC:46592 WP No. 4921 of 2025
5. Heard the learned counsel for the petitioner and also
learned counsel for the respondents.
6.
Learned counsel for the petitioner submits that the petitioner has submitted a set of representations requesting the respondents to pay the arrears of salary and to recommend the name of the petitioner for approval of his post. The said representations were not considered by the respondents. He also submits that the respondents have not paid the arrears of salary. Hence, on these grounds, he prays to allow the writ petition.
7. Per contra, learned counsel for the respondents submits that if reasonable time is granted, the respondents would consider the set of representations and pass the appropriate orders in accordance with law and also submits that in case if there is any arrears of salary, the respondents undertake to pay the same.
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HC-KAR NC: 2025:KHC:46592 WP No. 4921 of 2025
8. As the respondents have undertaken to consider the representations and also to pay the arrears of salary if any due, in view of the above submissions, I proceed to pass the following order:
ORDER i. The writ petition is allowed. ii. The respondents are directed to consider Annexures K, L, M and M1 and pass the appropriate orders in accordance with law within 8 weeks from the date of receipt of copy of this order. iii. Further, the respondents are also directed to pay the arrears of salary, if any, due within 4 weeks from the date of receipt of copy of this
order.
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HC-KAR NC: 2025:KHC:46592 WP No. 4921 of 2025
In view of the disposal of the writ petition, pending IAs, if any, do not survive for consideration and they are
disposed of accordingly.
Sd/- (ASHOK S.KINAGI) JUDGE
SKS CT:KHV