Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:10491-DB CCC No. 875 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL CIVIL CONTEMPT PETITION NO. 875 OF 2022 BETWEEN:
SRI M. SAMPATHKUMAR RAO S/O LATE B. MYALARI ROAD, AGED ABOUT 63 YEARS, RETIRED ATTENDER D.V.S ARTS AND SCIENCE COLLEGE, SHIVAMOGGA
R/AT YELUKOTI NILAYA, BEHIND HELIPAD, NEAR GANAPATHI TEMPLE, NAGARAJPURA EXTENSION, ASHOK NAGAR, SHIVAMOGGA …COMPLAINANT (BY SRI. PADMANABHA R., ADVOCATE) AND:
1.
DR. APPAJI GOWDA DIRECTOR FOR COLLEGIATE EDUCATION, PALACE ROAD, BENGALURU 560 001.
2.
SRI. RAJASHEKAR HEBBAR REGIONAL JOINT DIRECTOR,
Digitally signed by RAKSHA Location: High Court of Karnataka
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HC-KAR NC: 2026:KHC:10491-DB CCC No. 875 of 2022
OF COLLEGIATE EDUCATION, JAIL CIRCLE, SHIVAMOGGA 577 201 …ACCUSED
3.
STATE OF KARNATKA REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HIGHER EDUCATION, M. S. BUILDING BENGALURU 560 001.
…PROFORMA RESPONDENT (BY SRI. S.R.KHAMROZ KHAN, AGA FOR PROFORMA R3, A1 & A2)
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 FOR HAVING DELIBERATELY AND WILLFULLY DISOBEYED THE
ORDER DATED 14.01.2011 PASSED BY THIS COURT IN W.P.NO.38144/2009 VIDE ANNEXURE-C AND PUNISH THE ACCUSED IN ACCORDANCE WITH LAW BY ALLOWING THIS CONTEMPT PETITION WITH EXEMPLARY COSTS AND TO PASS APPROPRIATE AND SUITABLE ORDERS.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
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HC-KAR NC: 2026:KHC:10491-DB CCC No. 875 of 2022
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL)
This Contempt of Court case is filed alleging the willful disobedience of the
order dated 14.01.2011 in W.P.No.38144/2009 (S-RES).
2. The operative portion of the order reads as under:
"6. It is made clear that the order at Annexure-P dated 05.08.2009 is modified to the effect that the post of the petitioner is admitted to aid w.e.f.
15.04.1994. However, he is not entitled to arrears of monetary benefits, if any from 15.04.1994 till
05.08.2009. The admission of the petitioner's post to aid is notional and the same has to be taken into
consideration for seniority, pay-scale, pension and other retrial benefits.”
3. Learned Additional Government Advocate submits that the subject matter is relating to similar issue pending in W.A.No.2476/2015 and connected appeals before the Special Bench constituted by the Hon'ble Chief Justice, of this Court. In view of the issue being considered by the Special Bench of this Court, we cannot compel the authorities to implement the order
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HC-KAR NC: 2026:KHC:10491-DB CCC No. 875 of 2022
or cannot be construed as a willful disobedience of the order of learned Single Judge.
4. Therefore, the contempt proceeding are dropped. Liberty is reserved to the complainant to file the contempt petition afresh or revive the same after disposal of the appeal.
Sd/- (ANU SIVARAMAN) JUDGE
Sd/- (VIJAYKUMAR A. PATIL) JUDGE
RAK List No.: 3 Sl No.: 15