Karnataka High Court
Baptist Missionary Association Of ... vs Nijaguni on 24 June, 2025
Author: Mohammad Nawaz
Bench: Mohammad Nawaz
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NC: 2025:KHC-K:3345-DB
WA No. 200083 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 24TH DAY OF JUNE, 2025
PRESENT
THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
AND
THE HON'BLE MRS. JUSTICE K S HEMALEKHA
WRIT APPEAL NO.200083 OF 2025 (EDN-RES)
BETWEEN:
1. BAPTIST MISSIONARY ASSOCIATION OF INDIA,
THROUGH ITS SECRETARY,
OLD JEWARGI ROAD,
KALABURAGI - 585 102.
2. HEAD MISTRESS,
JEEVAN PRAKASH HIGH SCHOOL,
OLD JEWARGI ROAD,
KALABURAGI - 585 102.
Digitally signed by
BASALINGAPPA
SHIVARAJ
DHUTTARGAON
...APPELLANTS
Location: HIGH (BY SRI. AMRESH S. ROJA, ADVOCATE)
COURT OF
KARNATAKA
AND:
1. NIJAGUNI
S/O MALLAPPA,
AGE: 30 YEARS,
OCC: NOW NIL (EX. DRAWING TEACHER),
JEEVAN PRAKASH HIGH SCHOOL,
OLD JEWARGI ROAD, KALABURAGI,
R/O: H.NO.11-317, NEAR KORI MATH,
BRAHMAPUR, KALABURAGI - 585 103.
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WA No. 200083 of 2025
HC-KAR
2. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS,
KALABURAGI - 585 104.
...RESPONDENTS
(BY SMT. PRAKRITI BORALKAR, ADVOCATE FOR R1;
SRI. MALLIKARJUN C. BASAREDDY, G.A. FOR R2)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE THE
ORDER PASSED IN WRIT PETITION NO.201337/2021
DATED 13.02.2025 BY REJECTING THE WRIT PETITION FILED
BY THE RESPONDENT NO.1, IN THE INTEREST OF JUSTICE.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
AND
HON'BLE MRS JUSTICE K S HEMALEKHA
ORAL JUDGMENT
(PER: HON'BLE MRS JUSTICE K S HEMALEKHA)
Learned counsel for the appellants and the learned
counsel for respondent No.1 have filed a joint memo
stating that the appellants and respondent No.1 have
settled the matter and seeks to dispose of the appeal in
terms of the joint memo.
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2. The terms enumerated at para No.2 of the joint
memo reads as under:
"2. The Appellant and Respondent No.1 got the
matter on the following terms:
a. Appellant reinstated the respondent No.1 on
23.03.2025, and forwarded the reinstatement
order to the Government for salary grant.
b. Respondent No.1 gave up the claims, benefits
and arrears of salary from the Management.
c. Respondent No.1 reserves liberty to claim
benefits, claims and arrears of salary which he
is entitled from the government."
3. A memo was filed on 03.06.2025 duly signed
by respondent No.1 stating that he is willing to forgo all
the claims with respect to the arrears of salary, wages or
any other monitory benefits from the Management for the
past period from the date of termination (resignation) till
the date of re-instatement. In the memo, it is stated that
he seeks liberty to claim any benefits to which he is
entitled from the Government. It is also stated that he
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may be reinstated to his original post as Drawing Teacher
in the appellant institution without claiming any
backwages and is ready to resume duties forthwith upon
such reinstatement.
4. The para Nos.2 and 3 of the memo reads as under:
"2. The Respondent submits that, he is willing to
forgo all claims with respect to arrears of salary,
wages, or any other monetary benefits from the
management for the past period from the date of
termination(resignation) till the date of
reinstatement. However, the Respondent prays
that liberty be reserved to claim any benefits to
which he is entitled from the government.
3. The Respondent humbly prays that he may be
reinstated to his original post as a Drawing
Teacher in the Appellant institution without
claiming any back wages, and is ready to resume
duties forthwith upon such reinstatement."
5. The joint memo filed today and the memo filed by
respondent No.1 on 03.06.2025 are taken on record and would
form part and parcel of this order.
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6. The present appeal stands disposed of in terms of
the joint memo.
In view of the disposal of appeal, pending I.As. do not
survive for consideration and accordingly same stand disposed
of.
Sd/-
(MOHAMMAD NAWAZ)
JUDGE
Sd/-
(K S HEMALEKHA)
JUDGE
BL
CT:NI
