Karnataka High Court
The State Of Karnataka Rep By Its ... vs Karuna Ratnakar on 17 August, 2023
Bench: S.R. Krishna Kumar, G Basavaraja
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NC: 2023:KHC-D:9028-DB
WA No. 100292 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 17TH DAY OF AUGUST, 2023
PRESENT
THE HON'BLE MR JUSTICE S.R. KRISHNA KUMAR
AND
THE HON'BLE MR JUSTICE G BASAVARAJA
WRIT APPEAL NO. 100292 OF 2022 (S-RES)
BETWEEN:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS UNDER SECRETARY,
EDUCATION DEPARTMENT,
M.S.BUILDING, BENGALURU-560001.
2. THE COMMISSIONER FOR PUBLIC INSTRUCTIONS,
NRUPATUNGA ROAD, BENGALURU-01.
3. THE COMMISSIONER,
DEPARTMENT OF PUBLIC INSTRUCTIONS,
U.B.HILLS, MALAMADDI, DHARWAD-580001.
4. THE DEPUTY DIRECTOR FOR
PUBLIC INSTRUCTIONS,
CHIKKODI (BELAGAVI NORTH),
TQ: CHIKKODI, DISTRICT-BELAGAVI-591201.
JAGADISH T R
5. THE BLOCK EDUCATION OFFICER,
HIGH COURT
OF DEPARTMENT OF PUBLIC INSTRUCTIONS,
KARNATAKA RAIBAG, DISTRICT: BELAGAVI-591317.
2023.08.21
11:56:40 +0530 ...APPELLANTS
(BY SRI.G.K.HIREGOUDAR, GOVT. ADVOCATE)
AND:
1. KARUNA W/O. KALMESH RATNAKAR,
AGED ABOUT 52 YEARS, OCC: HOUSEWIFE,
R/O. KHEMALAPUR, TQ: RAIBAG,
DISTRICT: BELAGAVI-591311.
2. THE PRESIDENT,
SHRI. SHIVANAND BHARATI SC EDUCATION SOCIETY
KHEMALAPUR, TQ: RAIBAG, TQ: RAIBAG, DISTRICT:
BELAGAVI-591317.
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NC: 2023:KHC-D:9028-DB
WA No. 100292 of 2022
3. THE HEAD MASTER,
SHRI. SHIVANAND BHARATI HIGH SCHOOL,
KHEMALAPUR, AT KHEMALAPUR,
TQ: RAIBAG, DISTRICT: BELAGAVI-591311.
...RESPONDENTS
(BY SRI.VIJAYAKUMAR B.HORATTI, ADVOCATE FOR R1;
R2 AND R3-SERVED)
THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH
COURT ACT, 1961, PRAYING TO (A) CALL FOR THE RECORDS IN
W.P.NO.100941/2021 (S-RES) AND AFTER EXAMINING THE
SAME.(B) QUASH THE IMPUGNED ORDER DATED 11.08.2021
PASSED BY LEARNED SINGLE JUDGE IN W.P.NO.100941/2021.
THIS WRIT APPEAL COMING ON FOR ORDERS, THIS DAY,
S.R.KRISHNA KUMAR J., DELIVERED THE FOLLOWING:
JUDGMENT
This intra Court appeal arises out of the impugned order
passed by the learned Single Judge, whereby the petition filed
by the private respondent was disposed off by the learned
Single Judge issuing certain directions. While disposing of the
writ petition, the learned single Judge held as under:
"The respondents Nos.3 to 5 are directed to
reconsider the case of the petitioner for grant of
pensionary benefits taking into consideration the
date of service of petitioner's husband i.e. later
Kalmesh Ratnakar from the date of his initial
appointment in the 7th respondent Institution with
effect from 16.6.1991 and extend all the service
benefits including the pensionary benefits to the
petitioner and it is made clear all such benefits
granted would be subject to result of WA
No.2476/2015 and connected appeals.".
NC: 2023:KHC-D:9028-DB
WA No. 100292 of 2022
2. As can be seen from the impugned order passed by
the learned Single Judge, the petition has been disposed off
making it clear that the consideration of the claim of the private
respondent would be subject to the result of Writ Appeal
No.2476/2015 and other connected matters, which are pending
before the Principal Bench of this Court at Bengaluru. Under
these circumstances, we are of the considered opinion that, the
present appeal also deserves to be disposed off reiterating and
clarifying that the consideration of the claim of the private
respondent would be subject to final out come of Writ Appeal
No.2476/2015 and other connected matters.
All rival contentions and aspects of the matter are kept
open and no opinion is expressed on the same.
Sd/-
JUDGE
Sd/-
JUDGE
JTR
