- 1 - HC-KAR NC: 2026:KHC:13046 WP No. 58611 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 58611 OF 2017 (S-RES) BETWEEN: SMT SAMPATH KUMARI W/O. SHRI. NAGARJAN, AGED ABOUT 54 YEARS R/AT NO. 683, SRS HOOTAGALLI, MYSORE. …PETITIONER (BY SRI. SRINIVASA K., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF EDUCATION, VIDHANA SOUDHA, BANGALORE 560 001. 2. THE COMMISSIONER DEPARTMENT OF PUBLIC INSTRUCTIONS, NRUPATUNGA ROAD, BANGALROE 560 001. 3. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS MYSORE DISTRICT, MYSORE. 4. THE SECRETARY MAHAJANA EDUCATION SOCIETY (R) JAYALAKSHMIPURA, MYSORE 570 012. …RESPONDENTS (BY SRI. SPOORTHY HEGDE, AGA FOR R-1 TO R-3 SRI. SOMASHEKAR, ADVOCATE FOR R-4) Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:13046 WP No. 58611 of 2017 THIS W.P FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED MEMO DATED 16.06.2015 AND MEMO DATED 13.09.2017 ISSUED BY THE 4TH RESPONDENT VIDE ANNEXURE M & Q RESPECTIVELY, TO THE WRIT PETITION AND ETC. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioner seeks for the following reliefs:- “i. Issue a Writ of certiorari quashing the impugned Memo bearing No.MES/MHS/421/2015-16 dated 16.06.2015 and Memo bearing No.MES/MJHS/472/2017-18 dated 13.09.2017 issued by the 4th Respondent vide Annexure – M & Q respectively, to the writ petition. ii. Issue a Writ of Mandamus directing the 2nd Respondent to consider the claim of the Petitioner for absorption into the permanent cadre of the Assistant Teacher and further direct the 4th Respondent to continue to pay the salary as being paid hither to till her services are absorbed or regularly appointed. iii. Pass any other appropriate order, direction or writ as this Hon’ble Court may deem fit to pass under the facts and circumstances of the case, to meet the ends of justice and equity.” 2. Learned counsel for the petitioner and respondent No.4 have filed a Joint Memo dated 03.03.2026, duly signed by the - 3 - HC-KAR NC: 2026:KHC:13046 WP No. 58611 of 2017 petitioner, respondent No.4 and their respective counsel and the same is taken on record. 3. The petitioner and respondent No.4 are physically present before the Court along with their respective counsel and they admit the contents of the Joint Memo dated 03.03.2026, which reads as under:- “JOINT MEMO SHORT RECITAL OF THE CASE Whereas the petitioner was terminated by order date 13.09.2017 and the same is challenged in the above writ petition; Whereas in the meantime, the petitioner attained the age of superannuation of 60 years on 23.06.2023; Whereas, the petitioner and the respondent No.4 management with the assistance of respective Advocates, have discussed the matter and have arrived at an amicable settlement on the following terms: TERMS OF SETTLEMENT 1) The respondent No.4 management has on this day paid to the petitioner a sum of Rs.15,00,000/- (Rupees Fifteen Lakhs only) by two demand drafts as detailed below, drawn in favour of petitioner in full and final settlement of all the claims of petitioner including her - 4 - HC-KAR NC: 2026:KHC:13046 WP No. 58611 of 2017 claim towards back-wages, gratuity, compensation in lieu of reinstatement etc., a) Demand Draft No.148444681 dated 12.12.2025 for Rs.10,00,000/- (Rupees Ten laksh only) drawn on Indian Overseas Bank, Jayalakshmipuram Branch, Mysuru; b) Demand Draft No.148469236 dated 20.02.2026 for Rs.5,00,000/- (Rupees Five lakhs only) drawn on Indian Overseas Bank, Jayalakshmipuram Branch, Mysuru; 2) The petitioner acknowledges receipt of the amount indicate in clause 1 above in full and final settlement of all her claims towards back-wages, gratuity, compensation in lieu of reinstatement etc., 3) It is agreed between the parties that this settlement terminates the jural relationship of employer-employee relationship between the petitioner and the respondent No.4 management; 4) It is agreed that the petitioner shall have no more claims whatsoever, either monetary or otherwise against the respondent No.4 management in respect of services rendered and/or in respect of her non- employment; 5) It is specifically agreed between the parties that the petitioner is not entitled to reinstatement as she has attained the age of superannuation; - 5 - HC-KAR NC: 2026:KHC:13046 WP No. 58611 of 2017 6) It is agreed that the above sum of Rs.15 lakhs (rupees fifteen lakhs only) includes the amount of Rs.2,01,435/- paid by the respondent No.4 management vide cheque No.001085 dated 13.09.2017 drawn on HDFC Bank at the time of termination as per Annexure ‘Q’. However, the petitioner did not receive the cheque. Therefore, the said amount of Rs.2,01,435/- is included in Rs.15 lakhs (rupees fifteen lakhs only) paid as per clause No.1 above; 7) Both the parties humbly pray that this Hon’ble Court may be pleased to pass an order in terms of this joint memo and dispose of the writ petition as settled between the parties in the interest of justice and equity.” 4. In view of the aforesaid settlement entered into between the petitioner and respondent No.4, I pass the following: ORDER (i) The petition is disposed of in terms of the Joint Memo dated 03.03.2026. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 1 Sl No.: 97