- 1 - NC: 2025:KHC-K:1462-DB CCC No. 200089 of 2024 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 6TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MR. JUSTICE K NATARAJAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL CIVIL CONTEMPT PETITION NO.200089 OF 2024 BETWEEN: SIDRAMA S KUDUTE S/O SHARANAPPA, AGE: 68 YEARS, OCC: RETD. HEAD MASTER, GOVERNMENT MODEL PRIMARY SCHOOL, KATAKA CHINCHOLI, TQ. BHALKI DIST. BIDAR. …COMPLAINANT (BY SRI DEEPAK V. BARAD, ADVOCATE) AND: 1. B. B. KAVERI, THE COMMISSIONER, DEPARTMENT OF PUBLIC INSTRUCTIONS, NRUPATUNGA ROAD, BENGALURU-560001. 2. DR. AKASH THE JOINT DIRECTOR, DEPARTMENT OF PUBLIC INSTRUCTIONS, GULBARGA DIVISION GULBARGA-585102. Digitally signed by NIJAMUDDIN JAMKHANDI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:1462-DB CCC No. 200089 of 2024 3. SALEEM PASHA, THE DEPUTY DIRECTOR, DEPARTMENT OF PUBLIC INSTRUCTIONS, BIDAR DISTRICT BIDAR-584101. 4. MAZAR HUSSAIN, THE BLOCK EDUCATION OFFICER, INSTRUCTIONS BHALKI, TQ. BHALKI-585328. …ACCUSED 5. STATE OF KARNATAKA REPRESENTED BY ITS THE PRINCIPAL SECRETARY, PRIMARY AND HIGHER EDUCATION, MULTI STORIED BUILDING, BENGALURU-560001. ….PROFORMA PARTY (BY SRI MALLIKARJUN BASAREDDY, GOVT. ADVOCATE) THIS CIVIL CONTEMPT PETITION IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT R/W ARTICLE 215 OF THE CONSTITUTION OF INDIA, PRAYING TO INITIATE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED/RESPONDENTS FOR NON-COMPLIANCE OF ORDER OF THIS COURT DATED 30.10.2023 PASSED IN WRIT PETITION NO.201342/2021 AS AT ANNEXURE-A AND PUNISH HIM IN ACCORDANCE WITH LAW. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE K NATARAJAN AND HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL - 3 - NC: 2025:KHC-K:1462-DB CCC No. 200089 of 2024 ORAL ORDER (PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL) This contempt petition is filed alleging willful disobedience of the order of the learned Single Judge dated 30.10.2023 passed in W.P.No.201342/2021. The operative portion of the order of the learned Single Judge is extracted hereunder: “14. Consequently, while allowing the writ petition and setting aside the impugned orders passed by the Karnataka State Administrative Tribunal in Application No.4/2010 and the impugned endorsement dated 13.10.2009 at Annexure-A21, this Court would direct the respondent authorities to refix the retrial benefits of the petitioner while notionally granting promotion to the petitioner in accordance with the Rules, 2002 and pass necessary orders granting the arrears of retrial benefits payable to the petitioner accordingly. 15. The entire exercise shall be completed as expeditiously as possible and at any rate within a period of three months from the date of receipt of a copy of this order.” - 4 - NC: 2025:KHC-K:1462-DB CCC No. 200089 of 2024 2. The respondents have entered appearance in the present proceedings and filed an affidavit of Sri Prasannakumar S.L., Deputy Director (Administration), Department of School Education, Bidar. The affidavit contains seven annexures. Paras-8 and 9 of the affidavit reads as under: “08. It is submitted that, in pursuance of the directions issued by the respondent No.5 and respondent No.2, I pass the order on 04.12.2024 implementing the order passed by this Hon’ble Court by giving the notional promotion to the complainant with effect from 01.01.2004 and paid the retirement benefits by making the calculation. The copy of the said order dated 04.12.2024 along with calculation sheet are herewith produced is at Annexure R.5 and R.6. 09. it is submitted that, in pursuance of the letter of the Deputy Director of School Education, Bidar dated 04.12.2024 the Block Education Officer, Bhalki, Bidar District-respondent No.4 is passed the official order on 04.12.2024 fixation of the salary benefits, promotional benefits and retrial benefits with effect from 01.01.2004. The copy of the said letter dated 04.12.2024 is herewith produced is at Annexure R.7.” - 5 - NC: 2025:KHC-K:1462-DB CCC No. 200089 of 2024 3. On perusal of the affidavit it is evident that the respondents have substantially complied the order of the learned Single Judge by granting notional promotion to the complainant and re-fixing his retrial benefits. 4. Learned counsel for the complainant disputes the same and submits that there is an error in fixing the retrial benefits. 5. This Court, in the present nature of proceedings, cannot go into the matter as to whether there is an error or not. It is always open for the complainant to challenge the order dated 04.12.2024, if so advised. In view of the specific stand of the respondents, we do not propose to proceed in the matter. 6. In view of the same, contempt proceedings are dropped granting liberty to the complainant to challenge the decision of the respondents in accordance with law. It is made clear that we have not expressed any opinion with - 6 - NC: 2025:KHC-K:1462-DB CCC No. 200089 of 2024 regard to the re-fixation of the retrial benefits of the complainant. Sd/- (K NATARAJAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE SWK List No.: 1 Sl No.: 14 CT:SI