Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 48816 (KAR)

SRI GOPAL G v. THE STATE OF KARNATAKA

WP/20078/2024 · 2026-01-22

H T Narendra Prasad

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:3579 WP No. 20078 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 20078 OF 2024 (S-RES) BETWEEN: SRI GOPAL G S/O GOVINDAPPA AGED ABOUT 63 YEARS RETIRED ASSISTANT TEACHER NRUPATHUNGA HIGHER PRIMARY SCHOOL (AIDED) ANAVATTI, SORABA TALUK SHIVAMOGGA DISTRICT R/AT NO. 17, 2ND CROSS RAGHAVENDRA EXTENSION ANAVATTI, SHIVAMOGGA DISTRICT-577413. …PETITIONER (BY SRI. VIJAYA KUMAR., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF LITERACY AND SCHOOL EDUCATION, M S BUILDING BENGALURU-560001. 2. THE COMMISSIONER DEPARTMENT OF SCHOOL EDUCATION NRUPATHUNGA ROAD BENGALURU-560001. 3. THE BLOCK EDUCATION OFFICER DEPARTMENT OF SCHOOL EDUCATION SORABA TALUK, SHIVAMOGGA DISTRICT-577429. 4. THE ACCOUNTANT GENERAL (A & D) KARNATAKA CIRCLE Digitally signed by MALATHI CHALUVA IYENGAR Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:3579 WP No. 20078 of 2024 PARK HOUSE, PALACE ROAD BENGALURU-560001. 5. THE HEAD MASTER NRUPATHUNGA HIGHER PRIMARY SCHOOL ANAVATTI, SORABA TALUK SHIVAMOGGA DISTRICT-577413. …RESPONDENTS (BY SRI.G RAMESH NAIK, AGA FOR R1 TO R4: SERVICE OF NOTICE TO R5 IS DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT AUTHORITIES TO CONSIDER THE REPRESENTATION DATED 27.09.2018 VIDE ANNEXURE-F, RECOMMENDATION OF THE RESPONDENT NO.5 DATED 27.03.2023 MADE TO THE RESPONDENT NO.3 VIDE ANNEXURE-G, AND RELEASE THE WITHHELD SERVICE BENEFITS TO THE PETITIONER TO WHICH HE IS ENTITLED TO WITHIN A TIME FRAME SPECIFIED BY THIS HONBLE COURT AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. In this writ petition, the petitioner has sought for the following relief/s: “i) To issue a writ of mandamus or order or direction directing the Respondent Authorities to consider the representation dated 27.09.2018 vide Annexure-F, recommendation of the Respondent No.5 dated 27.03.2023 made to the Respondent No.3 vide Annexure-G, and release the withheld - 3 - HC-KAR NC: 2026:KHC:3579 WP No. 20078 of 2024 service benefits to the Petitioner to which he is entitled to within a time frame specified by this Hon’ble Court. ii) To pass such other orders as this Hon’ble Court deems fit in the facts and circumstances of the case.” 2. The case of the petitioner is that he was appointed as an Untrained Teacher on 22.05.1982 in Vani Vidya Mandir Kannada Primary School, Seshadripuram, Bengaluru and was brought under the salary grant with effect from 30.03.1983. Thereafter, he was declared as an excess teacher and was shifted to respondent No.5–School by order dated 28.04.2003. The petitioner’s pay was revised and he was paid salary on par with a trained teacher with effect from 20.01.2011, as per the decision taken by the State Government. Subsequently, respondent No.3 directed respondent No.4 to recover a sum of Rs.2,24,233/- being the excess salary allegedly paid to the petitioner while re-fixing his pay on par with the trained teacher pay scale. Thereafter, the petitioner was not paid the salary from 20.01.2011 to 31.10.2011. - 4 - HC-KAR NC: 2026:KHC:3579 WP No. 20078 of 2024 The petitioner submitted a representation dated 27.09.2018 requesting to release of the withheld salary for the period from 20.01.2011 to 31.10.2011 and grant of two additional increments on completion of 25 years and 30 years of service in the same post. Thereafter, on 31.08.2021, the petitioner retired from service on attaining the age of superannuation. Since the representation submitted by the petitioner vide Annexure–F has not been considered by respondent No.3, the petitioner is before this Hon’ble Court. 3. Learned AGA appearing for the respondents has submitted that the representation submitted by the petitioner will be considered, in accordance with law, if this Court grants some reasonable time. 4. In view of the above, without expressing any opinion on the merit of the case, the writ petition is disposed of. - 5 - HC-KAR NC: 2026:KHC:3579 WP No. 20078 of 2024 5. Respondent No.3 is directed to consider the petitioner’s representation vide Annexure-F, in accordance with law, as expeditiously as possible, not later than ten weeks from date of receipt of copy of this order. 6. In view of disposal of the main petition, all pending applications, if any, are also disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA LIST NO.: 1 SL NO.: 15