SRI B C CHETANKUMAR v. THE ADDITIONAL CHIEF SECRETARY
WP/65165/2016 · 2026-04-09
S R Krishna Kumar
body2026
DailyLaw.ai
[ 2026 DAILYLAW 2901 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 2901 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:19801 WP No. 65165 of 2016
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 65165 OF 2016 (S-RES) BETWEEN:
SRI B. C. CHETANKUMAR, S/O CHELUVAIAH, AGED ABOUT 30 YEARS, WORKING AS JUNIOR TRAINING OFFICER, BI BI FATHIMA INDUSTRIAL TRAINING INSTITUTE, ILIYAS NAGAR, BANGALORE – 560 078 …PETITIONER (BY SRI. PADMANABHA R., ADVOCATE)
AND:
1.
THE ADDITIONAL CHIEF SECRETARY LABOUR DEPARTMENT, VIKAS SOUDHA, BENGALURU – 560 001
2.
THE COMMISSIONER FOR EMPLOYMENT AND TRAINING KOUSALYA BHAVANA, BANNERGHATTA ROAD, DIARY CIRCLE, BANGALORE – 560 029
3.
THE DIRECOT FOR EMPLOYMENT AND TRAINING KOUSALYA BHAVANA, BANNERGHATTA ROAD, DIARY CIRCLE, BANGALORE – 560 029
4.
THE JOINT DIRECTOR FOR EMPLOYMENT AND TRAINING
Digitally signed by CHANDANA B M Location: High Court of Karnataka
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HC-KAR NC: 2026:KHC:19801 WP No. 65165 of 2016
KOUSALYA BHAVANA, BANNERGHATTA ROAD, DIARY CIRCLE, BANGALORE – 560 029
5.
THE SECRETARY BIBI FATHIMA EDUCATIONAL TRUST REGD., NO.5, JAMEEYA EDUCATIONALK COMPLEX, UMMERBHAG, ILIYS NAGAR, SARAKKI GATE, BENGALURU – 560 078
6.
THE PRINCIPAL BIBI FATHIMA EDUCATIONAL TRUST REGD., NO.5, JAMEEYA EDUCATIONALK COMPLEX, UMMERBHAG, ILIYAS NAGAR, SARAKKI GATE, BENGALURU – 560 078
7.
THE DEPUTY DIRECTOR GENERAL (TRAINING), MEMBER SECRETARY, NCVT MINISTRY OF LABOUR AND EMPLOYMENT DIRECTORATE OF GENERAL OF EMPLOYMENT AND TAINING, SHARAM SHAKTHI BHAVAN, NEW DELHI – 110 001 …RESPONDENTS (BY SRI. SPOORTHY HEGDE, AGA FOR R1 TO R4;
SRI. S.R. MURALIDHAR, ADVOCATE FOR R5 & R6;
SRI. D.S. SHIVANANDA, CGC FOR R7)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO DIRECT RESPONDENTS TO PAY THE SALARY DUE AND PAYABLE TO THE PETITIONER FOR THE PERIOD FROM 01.08.2015 TILL NOW WITH THE INTEREST AT THE RATE OF 12% PER ANNUM AND CONTINUE TO PAY THE SALARY EVERY MONTH HEREIN AFTERWARDS WITHOUT FAIL AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR NC: 2026:KHC:19801 WP No. 65165 of 2016
CORAM:
HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
In this petition, the petitioner seeks the following reliefs:
“a) Issue a writ in the nature of mandamus directing the respondents to pay the salary due and payable to the petitioner for the period from 01.08.2015 till now with interest at the rate of 12% per annum and continue to pay the salary every month herein afterwards without fail. b) Direct the respondents to take further effective steps pursuant to communication letter dated 09-12-2015 vide Annexure-M for converting Mechanic Radio and Television Trade into Electronics Mechanic for enabling the petitioner to continue and discharge his duty and service in Electronic Mechanic Trade at 6th respondent's institution Or in the alternatively direct the respondent 1 to 4 to deploy the services of the petitioner to any other private aided Industrial Training Institute or Government Industrial Training institutes, as there are number of vacancies remained unfilled, enabling the petitioner to discharge the duties as Junior Training Officer. c) Declare that the order dated 25-11-2015 vide Annexure-U retrenching the petitioner from employment from the 5th respondent's institution as null and void, inoperative, unauthorized and unenforceable against the petitioner and further declare that the said order dated 25-11-2015 vide Annexure-U has lost its efficacy and significance in view of the communication letter dated 06-02-2016 of the
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HC-KAR NC: 2026:KHC:19801 WP No. 65165 of 2016
2nd respondent addressed to the 6th respondent vide Annexure-N and consequently set aside the same. d) Issue such other orders, directions as deemed fit in the circumstances of the case and allow this writ petition with exemplary costs, in the interest of justice.”
2. Heard learned counsel for the petitioner, learned AGA for respondent Nos.1 to 4, learned counsel for respondent Nos.5 and 6 and learned CGC for respondent No.7 and perused the material on record.
3.
Learned counsel for the petitioner submits that during the pendency of the present petition, since respondent Nos.5 and 6 are ready to take the petitioner back to service, the petitioner submitted a representation dated 22.01.2026 to respondent No.2 as well as the representation dated 24.01.2026 to respondent Nos.5 and 6, who may be directed to consider the same and proceed further, as expeditiously as possible.
4. Per contra, learned counsel for respondent Nos.5 and 6 submits that respondent Nos.5 and 6 are ready to reinstate/take back the petitioner into service and the request of the petitioner for
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HC-KAR NC: 2026:KHC:19801 WP No. 65165 of 2016
reinstatement to be taken back may directed to be considered by respondent Nos.1 to 4 – State, within a stipulated timeframe.
5. In view of the aforesaid facts and circumstances and the joint submission made by learned counsel for the petitioner and
learned counsel for respondent Nos.5 and 6, I deem it just and appropriate to dispose of the petition directing respondent Nos.1 to 4 – State to consider the request of the petitioner to be taken back into service as proposed by respondent Nos.5 and 6 – Management and pass appropriate orders within a month from the date of receipt of a copy of this order, in accordance with law.
6. Subject to the aforesaid observations and directions, the petition stands disposed of.
It is further directed that upon receiving the said approval from respondent Nos.1 to 4 – State, respondent Nos.5 and 6 – Management shall take necessary steps to reinstate / take back the petitioner to service immediately, without any delay. Sd/- (S.R.KRISHNA KUMAR) JUDGE
BMC List No.: 2 Sl No.: 54