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2026 DAILYLAW 50016 (KAR)

SRI. NINGAIAH v. THE PRINCIPAL SECRETARY

WP/25068/2025 · 2026-01-28

H T Narendra Prasad

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:4745 WP No. 25068 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 25068 OF 2025 (S-RES) BETWEEN: SRI. NINGAIAH S/O LATE MANCHAIAH AGED ABOUT 64 YEARS RAMEDEVARA PALYA AMRUTHUR HOBLI, KUNIGAL TALUK TUMKUR DISTRICT- 572111 …PETITIONER (BY SRI. MOHAMMED ABRAR, ADVOCATE FOR SRI. MOHAN KUMAR H G., ADVOCATE) AND: 1. THE PRINCIPAL SECRETARY PANCHAYATHRAJ AND RURAL DEVELOPMENT GOVERNMENT OF KARNATAKA 3RD GATE, 3RD FLOOR MS BUILDING BANGALORE-560001. 2. THE COMMISSIONER DIRECTOR DIRECTORATE OF RURAL DEVELOPMENT & PANCHAYATH RAJ DEPARTMENT 3RD FLOOR, 3RD GATE, MS BUILDING DR. AMBEDKAR VEEDHI BANGALORE-560001. 3. THE CHIEF EXECUTIVE OFFICER TUMKUR ZILLA PANCHAYATH WARD NO. 18, TUMKUR, TUMAKURU KARNATAKA 572101. Digitally signed by MALATHI CHALUVA IYENGAR Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:4745 WP No. 25068 of 2025 4. THE EXECUTIVE OFFICER TALUK PANCHAYATH KUNIGAL BEGUR AMANIKERE KUNIGAL BYPASS ROAD KUNIGAL-572123. 5. THE PANCHAYATH DEVELOPMENT OFFICER HONAMACHANAHALLI GRAMA PANCHAYATH KUNIGAL TALUK TUMKUR DISTRICT-572111. 6. THE PANCHAYATH SECRETARY HONAMACHANAHALLI GRAMA PANCHAYATH KUNIGAL TALUK, TUMKUR DISTRICT-572111 …RESPONDENTS (BY SMT. ANITHA N, AGA FOR R1 & R2: SRI A NAGARAJAPPA, ADVOCATE FOR R3 SRI J N NAVEEN, ADVOCATE FOR R4 & R5: R6 IS SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE 5TH AND 6TH RESPONDENTS/GRAMA PANCHAYATH TO CONSIDER THE REPRESENTATION DATED 12/06/2025, PRODUCED AS ANNEXURE-B AND CONSEQUENTLY DIRECT THE 5TH AND 6TH RESPONDENT/GRAMA PANCHAYATH TO MAKE PAYMENT OF ARREARS OF SALARY AND DCRG AMOUNT OF RS.3,43,871/- (RUPEES THREE LAKH FORTY THREE THOUSAND AND EIGHT HUNDRED AND SEVENTY ONE ONLY) DUE TO THE PETITIONER AT THE RATE OF 10 PERCENT PER ANNUM WHEN IT BECAME DUE TILL ITS REALIZATION - 3 - HC-KAR NC: 2026:KHC:4745 WP No. 25068 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, 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 petitioners have sought for the following relief/s: a. A Writ a Mandamus directing the 5th & 6th respondent/Grama Panchayath to consider the representation dated 12/06/2025, produced as Annexure-B consequently direct the 5th & 6th respondent/Grama Panchayath to make payment of arrears of salary and DCRG amount of Rs.3,43,871/- (Rupees Three Lakh Fourty Three Thousand & Eight Seventy One Only) due to the petitioner at the rate of 10% per annum when it become due till its realization. b. Award advolerum compensation to the petitioner for causing in-ordinate and unjustifiable delay in making payment of the petitioner's lawful entitlement for his salary and DCRG amount by the 5th & 6th respondent/Grama Panchayath. c. Pass such other order/orders, directions as this Hon'ble Court deems fit in the circumstances of the - 4 - HC-KAR NC: 2026:KHC:4745 WP No. 25068 of 2025 case including an order as to the costs of the present Writ Petition, in the interest of justice and equity 2. The case of the petitioner is that he was working in respondent Nos.5 and 6–Gram Panchayat as a Waterman and has retired from the service. The respondents have not paid the arrears of salary to the petitioner. Even though respondent No.5 had prepared a Bill and admitted the amount due to the petitioner and in spite of repeated representations and personal visits made by the petitioner, respondent Nos.5 and 6 have willfully failed to make payment of the arrears of salary. Therefore, the petitioner submitted a representation dated 12.06.2025 vide Annexure-B. Since the said representation has not been considered, the petitioner is before this Court. 3. Learned counsel appearing for respondent No.3 submits that the representation submitted by the petitioners will be considered in accordance with law, if this Court grants some reasonable time. - 5 - HC-KAR NC: 2026:KHC:4745 WP No. 25068 of 2025 4. In view of the above, without expressing any opinion on the merit of the case, the writ petition is disposed of. 5. Respondent Nos.3 to 6 are directed to consider the representation dated 12.06.2025 vide Annexure-B, in accordance with law, as expeditiously as possible, not later than three months from date of receipt of copy of this order. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA LIST NO.: 1 SL NO.: 70