Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 41515 (KAR)

ROSLINE JOSVIN D SILVA v. SRI. MAHANTAYYA S. HOSMATH

CCC/1108/2023 · 2026-09-17

D K Singh, H Shanthi Bhushan

Contempt Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010591452023 NC: 2026:KHC:50805-DB CCC No. 1108 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN CIVIL CONTEMPT PETITION NO. 1108 OF 2023 BETWEEN: 1. ROSLINE JOSVIN D’SILVA AGED ABOUT 69 YEARS, D/O. LOUIS MASKRANES, RETIRED TEACHER, WORKED AT LITTLE FLOWER AIDED HIGHER PRIMARY SCHOOL, DHARBE, PUTTUR, DAKSHINA KANNADA, R/AT NEAR GOD’S GIFT LITTLE FLOWER SCHOOL, DARBE, PUTTUR, D.K. DISTRICT-574 202. 2. LIDIYA MARIYA RASKENHA AGED ABOUT 65 YEARS, RETIRED TEACHER, WORKED AT LITTLE FLOWER AIDED HIGHER PRIMARY SCHOOL, DHARBE, PUTTUR, DAKSHINA KANNADA, R/AT NEAR GODS GIFT LITTLE FLOWER SCHOOL, DARBE, PUTTUR, D.K. DISTRICT-574 202. 3. K. SATHISH KUMAR AGED ABOUT 71 YEARS, S/O. D. K. VENKATA RAO, RETIRED TEACHER, WORKED AT SHRI. RAMAKRISHNA Digitally signed by MALA K N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010591452023 NC: 2026:KHC:50805-DB CCC No. 1108 of 2023 AIDED HIGHER PRIMARY SCHOOL, BOLA PILIYUR, R/AT ANANTHADAMA POST NITTE, KARKALA TALUK, UDUPI DISTRICT-574 110. 4. VISHNUMURTHY BHAT AGED ABOUT 69 YEARS, S/O. LATE KRISHNA BHAT, RETIRED TEACHER, WORKING AT ANANTHAMATHI AIDED HIGHER PRIMARY SCHOOL, HEKKADKA, ERLAPADI, R/AT KRISHNATHAMA POST, ERLAPADI, KARKALA TALUK, UDUPI DISTRICT-574 102. 5. Y. SUNDARA HEGDE AGED ABOUT 70 YEARS, S/O. LATE N. THAMMANNA HEGDE, RETIRED TEACHER, WORKED AT SHRI MAHALINGESHWARA AIDED HIGHER PRIMARY SCHOOL, NAKRE, R/AT PARAMASHREE MIG, 1-11, KHB COLONY, KUKUNDUR, KARKALA TALUK, UDUPI DISTRICT-574 104. …COMPLAINANTS (BY SRI. CHINANTHAN H.S., ADVOCATE FOR SRI. SHIVARAMA BHAT, ADVOCATE) AND: 1. SRI. MAHANTAYYA S. HOSMATH UNDER SECRETARY TO GOVERNMENT, GOVERNMENT (PRIMARY), DEPARTMENT OF EDUCATION, M.S. BUILDING, BENGALURU-560 001. - 3 - HC-KAR CNR: KAHC010591452023 NC: 2026:KHC:50805-DB CCC No. 1108 of 2023 2. SRI. B. B. KAVERI COMMISSIONER FOR PUBLIC INSTRUCTIONS IN KARNATAKA, NEW PUBLIC OFFICES, NRUPATHUNGA ROAD, K.R. CIRCLE, BENGALURU-560 001. 3. SRI. PRASANNA KUMAR DIRECTOR OF PUBLIC INSTRUCTIONS FOR PRIMARY EDUCATION IN THE STATE OF KARNATAKA, OFFICE OF THE COMMISSIONER FOR PUBLIC INSTRUCTIONS IN KARNATAKA, NEW PUBLIC OFFICES, NRUPATHUNGA ROAD, K.R. CIRCLE, BENGALURU-560 001. 4. SRI. DAYANANDA R. NAYAK THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS, D.K., MANGALURU-574325. 5. SRI. LOKESH. S BLOCK EDUCATIONAL OFFICER, PUTTUR, D.K. DISTRICT-574 201. 6. SRI. BHASKAR. T THE BLOCK DEVELOPMENT OFFICER, KARKALA, D.K. DISTRICT-574 110. ...ACCUSED 7. STATE OF KARNATAKA REPRESENTED BY ITS UNDER SECRETARY TO GOVERNMENT (PRIMARY) DEPARTMENT OF EDUCATION M.S. BUILDING BEGNALURU – 560 001. …PROFORMA RESPONDENT (BY SRI. BHAIRAV KUTTAIAH, AGA FOR A6 & PROFORMA R7; A1 TO A5 ARE SERVED) - 4 - HC-KAR CNR: KAHC010591452023 NC: 2026:KHC:50805-DB CCC No. 1108 of 2023 THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT 1971, R/W ARTICLE 215 OF THE CONSTITUTION OF INDIA, PRAYING TO INITIATE CONTEMPT PROCEEDINGS AGAINST ALL THE ACCUSED AND PUNISH THEM APPROPRIATELY FOR HAVING COMMITTED THE CONTEMPT OF COURT BY DISOBEYING / NOT COMPLYING THE ORDER DATED 10.11.2022 PASSED BY THIS HON’BLE COURT IN WP NO.19103/2021 (S-RES) AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN ORAL ORDER (PER: HON'BLE MR. JUSTICE D K SINGH) The present contempt petition has been filed alleging non-compliance and wilful disobedience of the order dated 10.11.2022 passed by the Writ Court in Writ Petition No.19103/2021 (S-RES) filed by the complainants. The directions in the said order would read as under: “ORDER i) The petitioners are at liberty to submit representation to the concerned School in which they worked and retired; ii) If such representation is made, the concerned School or Institution shall forward the same along with their proposal to the competent - 5 - HC-KAR CNR: KAHC010591452023 NC: 2026:KHC:50805-DB CCC No. 1108 of 2023 Authority to grant or sanction stagnation increments; iii) If such proposal is forwarded along with the petitioners representation, the competent authority/Respondents No.1 to 3 are directed to consider the representation of the petitioners and proposal forwarded by the Schools or Institutions in which the petitioners worked and examine the same, in the light of the Judgment of this Court in W.A.No.720 of 2020 (S-RES) dated 25.02.2021 and pass appropriate orders, if the petitioners are otherwise eligible. With the above, Writ Petition stands disposed off.” 2. The affidavit of compliance dated 20.08.2024 has been filed by Mr.Venkatesh S.Patgar, Deputy Director, Department of School Education (Admin), D.K.District, now at Bengaluru. Paragraphs-3 and 4 of the affidavit of compliance would read thus: “3. I respectfully submit that the complainant has alleged willful disobedience and deliberate delay in compliance of the directions of the learned Single Judge which is completely not true as accordingly after the order were passed the file was prepared and put up for consideration by the Finance Department for granted approval. However, due to the ensuing election and other administrative exigent, the Finance Department could not issue the orders. However, my office was following the file and accordingly, the Finance Department has granted permission and passed the orders for the payment of pension in compliance of - 6 - HC-KAR CNR: KAHC010591452023 NC: 2026:KHC:50805-DB CCC No. 1108 of 2023 the orders of this Hon’ble Court. The copy of the order issued by the Office of the Accountant General of Karnataka with receipt to the 2nd complainant was issued on 04.07.2024 which is produced herewith and marked as ANNEXURE-R1. 4. I respectfully submit that, subsequently all the other order with receipt to other complainant were issued on 06.08.2024 which is produced herewith and marked as ANNEXURE-R2 TO R5 respectively.” 3. In view of the fact that the order in question stands complied with, we close this contempt proceedings. The contempt notice stands discharged. Sd/- (D K SINGH) JUDGE Sd/- (H.SHANTHI BHUSHAN) JUDGE KNM List No.: 1 Sl No.: 12