Karnataka High Court
Sri. Siddaraju Adiveppa Betageri vs P. Manivannan Ias on 8 January, 2025
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CCC No. 1098 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF JANUARY, 2025
PRESENT
THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE M.I.ARUN
CCC NO. 1098 OF 2024 (CIVIL)
BETWEEN:
1. SRI SIDDARAJU ADIVEPPA BETAGERI
AGED ABOUT 39 YEARS
S/O. ADIVEPPA. Y BETAGERI
WORKING AS PHYSICAL EDUCATION TEACHER
MORARJI DESAI RESIDENTIAL SCHOOL
DDEYAR-MALLAPURA
LAKSMESHWAR TALUK
GADAG DISTRICT - 582 116.
2. SHIVANAND MAYAPPANAVAR
AGED ABOUT 35 YEARS
S/O HANUMANTAPPA
Digitally WORKING AS KANNADA TEACHER
signed by MORARJI DESAI RESIDENTIAL SCHOOL
PRABHAKAR GOJANUR, LAXMESHWAR TALUK
SWETHA
KRISHNAN GADAG DISTRICT - 582 116.
Location:
High Court 3. KUM.MADURAI MEENAKSHI M.N.
of Karnataka AGED ABOUT 45 YEARS
D/O NARAYANASWAMYA.M.
WORKING AS TEACHER
MORARJI DESAI RESIDENTIAL SCHOOL
KALAGHATTA, VIJAYANAGARA
HOSAPETE TALUK
VIJAYAPURA DISTRICT - 586 101.
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CCC No. 1098 of 2024
4. SRI MALLAMMA BHIMAREDDY
SHISHUVINAHALLI
D/O BHIMARAEDDI SHISHUVINAHALLI
AGED ABOUT 39 YEARS
WORKING AS HINDI TEACHER
DR. B.R. AMBEDKAR RESIDENTIAL
GIRLS SCHOOL SHIRAGUPPI
OLD NSF BUILDING
VIJAYANANGAR, HUBLI - 580 032.
5. SMT. SHILPA H.S.
AGED ABOUT 39 YEARS
W/O SHIVASHANKARA
C M WORKING AS ENGLISH TEACHER
MORARJI DESAI, RESIDENTIAL SCHOOL
NAGENAHALLI, HOSADURGA TALUK
CHITRADURGA DISTRICT - 577 527.
...COMPLAINANTS
(BY SRI MADANGOUDA NARASAGOUDA PATIL, ADVOCATE)
AND:
1. P. MANIVANNAN IAS
PRINCIPAL SECRETARY
THE STATE OF KARNATAKA
DEPARTMENT OF SOCIAL WELFARE
M.S. BUILDING, DR. AMBEDKAR VEEDHI
BANGALORE - 560 001.
2. KANTHARAJU P.S.
KARNATAKA RESIDENTIAL EDUCATIONAL
INSTITUTION SOCIETY
KARNATAKA SAHAKARA MARATA
MAHAMANDALI BUILDING
CUNNINGHAM ROAD
NEAR HIGH GROUND POLICE STATION
BANGALORE - 560 001.
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CCC No. 1098 of 2024
3. SRI PRAVEEN P. BAGEWADI
EXECUTIVE DIRECTOR
KARNATAKA RESIDENTIAL EDUCATIONAL
INSTITUTION SOCIETY
KARNATAKA SAHAKARA
MARATA MAHAMANDALI BUILDING
CUNNINGHAM ROAD
NEAR HIGH GROUND POLICE STATION
BANGALORE - 560 001.
4. THE STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY
DEPARTMENT OF SOCIAL WELFARE
M.S. BUILDING
DR. AMBEDKAR VEEDHI
BANGALORE - 560 001.
...ACCUSED
(BY SMT. PRAMODHINI KISHAN, AGA FOR ACCUSED No.1 & 3,
SRI SRINIVASA C., ADVOCATE FOR ACCUSED No.2)
THIS CCC IS FILED UNDER SECTION 11 AND 12 OF
CONTEMPT OF COURTS ACT, R/W ARTICLE 215 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECT THE
ACCUSED PERSONS TO COMPLY THE ORDER AND PUNISH
THE ACCUSED PERSON FOR WILLFUL AND DELIBERATE
VIOLATION OF THE ORDER DATED 21.02.2024 IN
W.P.NO.7047/2023 (S-RES) C/W W.P.NO.5359/2022 (S-RES)
W.P.NO.8591/2022 (S-RES), W.P.NO.11220/2022 (S-RES),
W.P.NO.20567/2023 (S-RES) IN ANNEXURE-A.
THIS PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN
AS UNDER:
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CCC No. 1098 of 2024
CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE
N. V. ANJARIA
and
HON'BLE MR JUSTICE M.I.ARUN
ORAL JUDGMENT
(PER: HON'BLE THE CHIEF JUSTICE
MR. JUSTICE N. V. ANJARIA)
This contempt proceedings arose from common judgment
and order dated 21.02.2024 passed by learned Single Judge
disposing of group of writ petitions, in so far as the decisions
related to Writ Petition Nos.7047 of 2023, 20567 of 2023, 5359 of
2022, 11220 of 2022 and 8591 of 2022. There are five petitioners.
2. Learned Single Judge directed the respondents to continue
the petitioners in service as teachers/lecturers till regular
recruitment is conducted in accordance with the Karnataka
Residential Educational Institutions Society (Cadre and
Recruitment) (Amendment) Regulations, 2021.
3. The contempt petition was filed for the alleged
non-compliance of the said direction by stating that the petitioners
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were discontinued from service despite the direction to continue
them in service.
4. Today when the petition came up for consideration, learned
advocate Mr. C. Srinivasa for respondent No.2 files compliance
affidavit dated 08.01.2025 in which it is stated inter alia that
respondent No.2 has taken steps to withdraw the earlier transfer
orders and the petitioners are continued in service.
4.1 Learned advocate Mr. Madangouda Narasagouda Patil for
the complainants could not dispute the factum that the
complainants have been permitted to be in service and that they
are continuing in service. However, he sought to submit that salary
is not being paid.
5. Learned advocate for respondent No.2 asserted that all the
complainants are paid regular salary by respondent No.2.
6. In the aforesaid view, nothing survives in this contempt
proceedings and they are not liable to be continued.
7. The contempt petition is accordingly dismissed.
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It goes without saying that continuing the complainants in
service would include payment of salary. If the salary is not paid, it
will give cause of action to the complainants to enforce their rights
in accordance with law.
Sd/-
(N. V. ANJARIA)
CHIEF JUSTICE
Sd/-
(M.I.ARUN)
JUDGE
KPS
