Karnataka Lingyat Education Society vs Shri Babasheb S/O Iranagouda Desai
2025 Latest Caselaw 5945 Kant

Karnataka High Court

Karnataka Lingyat Education Society vs Shri Babasheb S/O Iranagouda Desai on 27 May, 2025

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                                                                          NC: 2025:KHC-D:7234
                                                                       WP No. 103333 of 2025




                                 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
                                        DATED THIS THE 27TH DAY OF MAY, 2025
                                                            BEFORE
                                 THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
                                       WRIT PETITION NO.103333 OF 2025 (GM-CPC)
                            BETWEEN:
                            1.    KARNATAKA LINGAYAT EDUCATION SOCIETY
                                  COLLEGE ROAD, BELAGAVI
                                  R/BY ITS CHAIRMAN BOARD OF MANAGEMENT
                                  COLLEGE ROAD, BELAGAVI-590002.

                            2.    KLE SOCIETY'S J.N. MEDICAL COLLEGE
                                  NEHRU NAGAR, BELAGAVI-590002
                                  REPRESENTED BY TIS PRINCIPAL
                                                                         ...PETITIONERS
                            (BY SRI. HIREMATH MALLIKARJUNASWAMY BASAYYA, ADVOCATE)

                            AND:
                            SHRI BABASHEB S/O IRANAGOUDA DESAI
                            AGE. 59 YEARS, OCC. RETIRED,
                            R/O. H.NO.482, DESAI GALLI, KAKATI,
                            BELAGAVI-590002.
                                                                                 ...RESPONDENT

                                   THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE
CHANDRASHEKAR
LAXMAN
                            CONSTITUTION      OF   INDIA,    PRAYING   TO,    ISSUE   WRIT   OF
KATTIMANI


Digitally signed by
CHANDRASHEKAR
LAXMAN KATTIMANI
                            CERTIORARI ORDER DATED 28.04.2025 PASSED BY IX ADDITIONAL
Location: High Court of
Karnataka, Dharwad Bench
Date: 2025.05.29 17:29:09


                            DISTRICT AND SESSIONS JUDGE AND MEMBER ADDL. MACT,
+0530




                            BELAGAVI     ON   I.A.NO.1      PRODUCED     AT   ANNEXURE-F     IN
                            R.A.NO.30/2025 INSOFAR AS IT RELATES TO DEPOSIT OF 50% OF
                            DECRETAL AMOUNT IS CONCERNED & ETC.

                                   THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY,

                            ORDER WAS MADE THEREIN AS UNDER:


                            CORAM:     THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
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                                              NC: 2025:KHC-D:7234
                                           WP No. 103333 of 2025




                            ORAL ORDER

The petitioners assailing the judgment and decree

rendered in OS No.298/2022 have preferred an appeal in

RA No.30/2025. The petitioners primary ground of

objection in appeal filed in RA No.30/2025 is that the suit

seeking recovery of Dearness Allowance, Salary revision

and earned leave encashment facility cannot be

adjudicated before the competent Civil Court. This

objection is based on the judgment rendered in favour of

petitioners' Society in analogues cases, where this Court

has held that employee of petitioners' Society cannot

maintain a suit.

2. The principal apprehension expressed by the

petitioners is that, although the Appellate Court has

granted an order of stay against the operation and

execution of the judgment and decree passed in O.S. No.

298/2022, the said stay is conditional in nature. The

condition imposed requires the petitioners to deposit 50%

NC: 2025:KHC-D:7234

of the decreetal amount. The petitioners are concerned

that upon such deposit being made, the respondent may

file an application or memo seeking withdrawal of the said

amount, and there is a genuine apprehension that the

Court may permit such withdrawal, thereby rendering the

conditional stay order detrimental to the interests of the

petitioners.

3. This Court is of the considered view that the

apprehension entertained by the petitioners is not entirely

unfounded. However, it is well within the rights of the

petitioners to resist and contest any application or memo

that may be filed by the respondent seeking withdrawal of

the deposited amount. In the event such a request is

made by the respondent, the petitioners may file

appropriate objections before the Appellate Court and

bring to its notice the decision rendered in RSA No.

100889/2023, wherein it has been held that the relief

granted to the respondent could not have been

NC: 2025:KHC-D:7234

entertained by the competent Civil Court. The petitioners

are at liberty to rely upon the said precedent to

substantiate their objection and demonstrate that

permitting the respondent to withdraw the amount would

be legally untenable.

4. At this stage, this Court is of the view that the

present writ petition is not maintainable, inasmuch as the

petitioners' Society cannot be said to be aggrieved by the

conditional stay order passed by the Appellate Court. The

said order, on its face, grants a stay in favour of the

petitioners, albeit on a condition. Therefore, the

appropriate course available to the petitioners is to contest

any application that may be filed by the respondent

seeking withdrawal of the deposited amount. As and when

such an application is filed, the petitioners may submit

their objections along with reliance on RSA

No.100889/2023, and it shall be incumbent upon the

NC: 2025:KHC-D:7234

Appellate Court to consider such objections on their merits

and pass appropriate orders in accordance with law.

Reserving such liberty, Writ Petition is disposed of.

Sd/-

(SACHIN SHANKAR MAGADUM) JUDGE

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