Karnataka High Court
Venkatamuni Shetty vs Smt.Vandana Sharma, Ias on 2 November, 2022
Bench: Chief Justice, Ashok S.Kinagi
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF NOVEMBER 2022
PRESENT
THE HON'BLE MR. PRASANNA B. VARALE, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE ASHOK S. KINAGI
C. C. C. NO.577 OF 2022 (CIVIL)
BETWEEN:
VENKATAMUNI SHETTY
S/O VENKATAPPA,
AGED ABOUT 68 YEARS,
RESIDING AT NO.3694,
MUTHYALAPET,
NEAR GANGAMMA TEMPLE,
MULBAGAL, KOLAR DISTRICT 563131.
...COMPLAINANT
(BY SRI. R CHANNAKESHAVA, ADVOCATE)
AND:
1. SMT. VANDANA SHARMA, IAS
CHIEF SECRETARY
GOVERNMENT OF KARNATAKA,
VIDHANA SOUDHA,
BANGALORE 560001
2. SRI.VISHAL, IAS
THE COMMISSIONER OF EDUCATION
DEPARTMENT OF EDUCATION,
NEW PUBLIC OFFICES,
NRUPATHUNGA ROAD,
BANGALORE 560001
2
3. SRI. KRISHNAMURTHY
THE DEPUTY DIRECTOR
DEPARTMENT OF PUBLIC INSTRUCTIONS,
KOLAR - 563101
4. SRI. GANGAIAH
THE BLOCK EDUCATION OFFICER
MULBAGAL TALUK,
MULBAGAL 563131.
5. SRI.NANJUNDAPPA
THE SECRETARY
NEHRU KENNEDY HIGH SCHOOL SOCIETY (REGD.)
BYRAKURU, MULBAGAL TALUK - 563131,
KOLAR DISTRICT
6. SRI.RAMAKRISHNA REDDY
THE HEAD MASTER
NEHRU KENNEDY HIGH SCHOOL
BYRAKURU 563131
7. THE STATE OF KARNATAKA
BY ITS EDUCATION DEPARTMENT
REPRESENTED BY ITS PRINCIPAL SECRETARY
M.S.BUILDING
BENGALURU-560 001
.....ACCUSED
(BY SRI. V. SREENIDHI, AGA FOR R1 TO R4 AND R7
SRI. M. NARAYANA BHAT, ADVOCATE FOR R5
SRI. V.S. NAIK, ADVOCATE FOR R6)
THIS CCC IS FILED UNDER SECTION 11 AND 12 OF
THE CONTEMPT OF COURTS ACT , 1971 R/W ARTICLE 215
OF THE CONSTITUTION OF INDIA, PRAYING TO INITIATE
CONTEMPT OF COURT PROCEEDINGS AGAINST THE
ACCUSED FOR WILFUL DISOBEDIENCE OF THE ORDERS
PASSED BY THIS HON'BLE HIGH COURT OF KARNATAKA
DATED 16.09.2021 IN W.A.NO.4464/2017 (S-RES) VIDE
ANNEXURE-A.
3
THIS CCC COMING ON FOR ORDERS THIS DAY, CHIEF
JUSTICE, MADE THE FOLLOWING:
ORDER
On a grievance that the order of this Court dated
16.9.2021 in W.A.No.4464 of 2017 in
W.P.No.4130/2015 is not complied with, the present
contempt petition is filed.
2. Notice was issued.
3. Learned Additional Government Advocate
made a statement before this Court on 28.9.2022 that,
in compliance of the order passed by the learned Single
Judge, arrears of salary has been released in favour of
the petitioner.
4. It was the grievance of the learned counsel
for the petitioner/complainant that though salary is paid
to the complainant, the other benefits in the nature of
arrears of pension, leave encashment and gratuity is
not paid to him. Today, that the learned Additional
Government Advocate invited our attention to the
compliance affidavit filed on behalf of respondents No.1,
2 and 4 through Sri Krishnamurthy s/o. Kariyanna,
Deputy Director, Department of Public Instructions,
Kolar. The affidavit makes a reference to the order
passed by the learned Single Judge as well as the order
passed by the Division Bench in the writ appeal.
5. It is stated further that pursuant to the
direction given in the judgment of the Division Bench of
this Court, a proposal was sent to the State
Government for making payment of salary and other
benefits to the complainant. In response, vide the
Government Order an amount of Rs.2,69,442/- has
been released on 23.9.2022 and the same has been
credited to the account of the complainant directly
through the Treasury, copy of the bill is annexed to the
affidavit as Annexure-R2. It is further stated that
earned leave encashment of Rs.21,777/- was credited
to the complainant's bank account through Treasury on
10.10.2022, copy of the said bill is also annexed to the
affidavit as Annexure-R3. Then, it is stated that as per
the Government Order No.FD (SPL) 04 PET 2005,
Bangalore dated 31.3.2006, all employees who have
joined services in the Government and Private Aided
Institutions from 1.4.2006 onwards are not entitled for
pension scheme benefits. The complainant joined
service on 2.1.2014 and as such, he is ineligible for
receiving pension and any other allowances, copy of the
said Government Order dated 31.3.2006 is produced
herewith as Annexure-R4. Thus, it is the submission of
the learned Additional Government Advocate that the
order of this Court dated 16.9.20221 is duly complied
with by the respondent-Authorities.
6. We find considerable merit in the submission
of the learned Additional Government Advocate. As the
order of this Court is duly complied with, the grievance
raised in the petition no more survives for
consideration. However, in case, the complainant is
having any grievance against the Government policy,
he is at liberty to take appropriate steps in challenge to
the said Government Policy, if so advised.
With these observations, the Contempt Petition is
disposed of.
Notice is discharged.
Sd/-
CHIEF JUSTICE
Sd/-
JUDGE
rs
