- 1 - HC-KAR NC: 2026:KHC:10413 WP No. 4517 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 4517 OF 2024 (S-RES) BETWEEN: B R BASAVARAJU S/O LATE D RANGAIAH AGED ABOUT 59 YEARS R/A BEERASANDRAPALYA AT AND POST KIBBANAHALLI HOBLI, TIPTUR TALUK TUMKUR DISTRICT-572162. …PETITIONER (BY SRI. THIPPESWAMY J R., ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF PRIMARY AND SECONDARY EDUCATION M S BUILDINGS, BANGALORE 560001 REP. BY ITS SECRETARY. 2. THE COMMISSIONER DEPARTMENT OF PUBLIC INSTRUCTIONS NEW PUBLIC OFFICES NRUPATHUNGA ROAD BANGALORE 560001. 3. THE DEPUTY DIRECTOR (ADMINISTRATION) DEPARTMENT OF PUBLIC INSTRUCTIONS TUMKUR DISTRICT, TUMKUR-572101. 4. THE BLOCK EDUCATION OFFICER GUBBI TALUK, GUBBI TUMKUR DISTRICT-572216. Digitally signed by MALATHI CHALUVA IYENGAR Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:10413 WP No. 4517 of 2024 5. THE HEAD MASTER VIDYARANYA HIGH SCHOOL CHELURU, GUBBI TALUK TUMKUR DISTRICT-572117. 6. M/S VIDYARANYA VIDYA SAMSTHE REG TOVINAKERE, TURUVEKERE TALUK TUMKUR DISTRICT-572215 REP. BY ITS SECRETARY. …RESPONDENTS (BY SRI. G RAMESH NAIK, AGA FOR R1 TO R4: SRI RAGHAVENDRA M, ADVOCATE FOR SRI THYAGARAJA S, ADVOCATE FOR R6: R5 IS SERVED ) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR DIRECTION, DIRECTING THE RESPONDENTS TO RELEASE THE SALARY FOR THE PERIOD FROM 19/01/2020 TO 31/08/2023 AND EXTEND THE BENEFIT OF ANNUAL INCREMENTS AND TIME BOUND INCREMENT INCLUDING ALL CONSEQUENTIAL BENEFITS TO THE PETITIONER BY CONSIDERING THE REPRESENTATION DATED: 19/12/2023 VIDE ANNEXURE-L TO THE WRIT PETITION AND ETC. 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 - 3 - HC-KAR NC: 2026:KHC:10413 WP No. 4517 of 2024 ORAL ORDER This writ petition is filed under Articles 226 & 227 of the Constitution of India, seeking the following relief: “Issue a writ of mandamus or direction, directing the respondents to release the salary for the period from 19.01.2020 to 31.08.2023 and extend the benefit of annual increments and time bound increment including all consequential benefits to the petitioner by considering the representation dated 19.12.2023 vide Annexure-L to the writ petition.” 2. The case of the petitioner is that, he was working as a Physical Education Instructor in one of the schools running under the sixth respondent–Institution. He was transferred on 19.01.2020 from Turuvekere to Chelur, to another institution run by the sixth respondent– Management. Since the petitioner was suffering from a disability, he approached the Disability Commission and obtained an interim order dated 15.10.2020 at Annexure- G staying the transfer order. The said order was challenged by the Management before this Court in W.P. - 4 - HC-KAR NC: 2026:KHC:10413 WP No. 4517 of 2024 No.14234/2020. The writ petition was allowed on 20.07.2023, and the order passed by the Disability Commission dated 15.10.2020 was set aside. 3. Further, he submitted a representation dated 19.12.2023 (Annexure-L) to the second respondent stating that he had not been paid salary for the period from 19.01.2020 to 31.08.2023. Thereafter, the petitioner retired from service on 30.06.2024. 4. The learned counsel for the sixth respondent submits that since the petitioner did not work during the period from 19.01.2020 to 31.08.2023, he is not entitled to salary for the said period. 5. The learned AGA submits that the Government issued a communication dated 01.09.2023 (Annexure-R1) to the Management directing it to take action against the petitioner, as he was unauthorizedly absent from duty. Despite the said communication, the Management has not taken any action. Therefore, if any salary is to be paid to - 5 - HC-KAR NC: 2026:KHC:10413 WP No. 4517 of 2024 the petitioner, the same has to be paid by the Management. 6. The learned counsel for the petitioner submits that even for the academic year 2021–22, when the school was closed, all the teachers were paid their salary. Therefore, the petitioner is also entitled to salary for that period. Be that as it may. 7. If the representation submitted by the petitioner dated 19.12.2023 (Annexure-L) has not been considered by respondent Nos. 2 and 6, then, without expressing any opinion on the merits of the case, respondent Nos. 2 and 6 are directed to consider the said representation in accordance with law, as expeditiously as possible, and in any event, not later than three months from the date of receipt of a copy of this order. With the above observations, the writ petition stands disposed of. - 6 - HC-KAR NC: 2026:KHC:10413 WP No. 4517 of 2024 In view of the disposal of the petition, all pending applications, if any, stand disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM LIST NO.: 1 SL NO.: 38