Karnataka High Court
The Management Of vs Smt Pratibha Daisy on 14 October, 2025
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WP No. 45299 of 2019
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF OCTOBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE ASHOK S.KINAGI
WRIT PETITION NO. 45299 OF 2019 (S-RES)
BETWEEN:
THE MANAGEMENT OF
M/S NATIONAL CHILDREN SCHOOL,
NO.10, GANGADHAR CHETTY ROAD,
BANGALORE-560 042
REPRESENTED BY ITS SECRETARY
...PETITIONER
Digitally (BY SRI. MUKKANNAPPA S B., ADVOCATE)
signed by
SUNITHA K S
Location: AND:
HIGH COURT
OF
KARNATAKA
SMT PRATIBHA DAISY
AGED ABOUT 57 YEARS,
W/O JAIPAUL DANIEL
NO.16/1, 18TH CROSS,
LAKSHMIPURAM
ULSOOR, BANGALORE-560 008
...RESPONDENT
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(BY SRI. VIKRAM PHADKE, ADVOCATE FOR
SRI. N.G. PHADKE, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF CONSTITUTION OF INDIA PRAYING TO-CALL FOR
RECORDS ON THE FILE OF THE EDUCATIONAL APPELLATE
TRIBUNAL, BANGALORE CITY CCH.NO.11 IN MA(EAT)22/03,
QUASH THE IMPUGNED JUDGMENT AND ORDER DATED
19.9.2018 PASSED BY THE EDUCATIONAL APPELLATE
TRIBUNAL, BANGALORE CITY (CCH.NO.11) IN M.A.(EAT)22/03
AT ANNEXURE-E AND CONSEQUENTLY DISMISS THE APPEAL
NO.MA(EAT)22/03 FILED BY THE RESPONDENT.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
******
CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI
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ORAL ORDER
1. The representative of the petitioner and the
respondent are physically present before the Court.
They are identified by their respective counsel.
2. The petitioner and the respondent have filed a Joint
Memo, which reads as follows:
"JOINT MEMO FOR SETTLEMENT
The petitioner and Respondent above named most
respectfully submits as follows:
1. The Respondent has challenged the order of removal
dated 23-07-2003 passed by the Petitioner before the
Education Appellate Tribunal at Bangalore in MA EAT
No.22/2003. That the Hon'ble Tribunal after hearing the
respective parties to the proceedings has partly allowed
the appeal by a Judgment and order dated 19-09-2018.
The operative portion of the Judgement and order/Decree
passed by the Tribunal is as follows
(1) The Appeal filed under section 94 of the
Karnataka Education Act, 1983 by the
Appellant is hereby partly allowed.
(2) The Respondent is hereby directed to pay
salary to the Appellant for the period from June
2003 to April 2018 on the basis of equal pay on
par with the other teachers as per section 5 of
the Karnataka Private Educational Institutions
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Rule, 1978, subject to deduction of salary
already paid to the appellant.
(3) The Appellant is also entitled for consequential
benefits.
2. It is submitted that the petitioner being aggrieved by
the Judgement and Order dated. 19.09.2018 passed by
the Educational Appellate Tribunal at Bangalore [CCH
No.11] in Μ.Α. [EAT] No. 22/2003 has approached this
Hon'ble Court in this Writ Petition. It is submitted that
during the pendency of the Writ Petition the Petitioner
and the Respondent have entered into an amicable
settlement of the dispute on the following terms and
conditions:
1. The petitioner has agreed to pay in a sum of
Rs. 22,00,000/- [Twenty two Lakhs Rupees
Only] to the Respondent as a full and final
settlement of all her claims namely salary and
all other consequential benefits arising out of
the Judgment and Order dated. 19.09.2018
passed by the Educational Appellate Tribunal
at Bangalore [CCH-11] in M.A. [EAT] No.
22/2003 for which the Respondent as agreed.
2. The Respondent has paid in a sum of
Rs.22,00,000/-[Twenty two Lakhs Rupees
Only] vide Demand Draft bearing no. 410162
dated13-10-2025 drawn on Bank of Baroda,
Vasanth Nagar, Bengaluru-560 052, in favour
of the Respondent and the Respondent as
acknowledge for having received the above
mention Demand draft.
3. The Respondent has agreed to withdraw the
Execution Petition No. 1207/2019 filed by her
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before the VIth Additional City Civil and
Sessions Judge at Bangalore [CCH-11]
against the Petitioner in the light of the
settlement of dispute between the parties.
4. The Respondent further declare that there is
no further claim whatsoever from the
petitioner in future and the relationship of the
master and servant between the petitioner
and Respondent seize to exist.
5. The Respondent has voluntarily entered into
settlement and there is no force/ compulsion
from either of parties to enter into this
Memorandum of Settlement."
3. The petitioner has paid a sum of ₹22,00,000/-
through Demand Draft No.410162 dated 13.10.2025
drawn on the Bank of Baroda, Vasanth Nagar Branch,
Bangalore, in favour of the respondent, and the said
amount is towards the arrears of salary from 2003 to
2018.
4. The contents of the Joint Memo have been read over
and explained to the representative of the petitioner
and the respondent. They accepted the terms, and
conditions of the Joint Memo and accordingly prays
to dispose of the writ petition.
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5. The Joint memo is taken on record.
6. The writ petition is disposed of in terms of joint
memo.
7. In view of disposal of the writ petition, pending
interlocutory applications, if any, stand disposed of.
Sd/-
(ASHOK S.KINAGI)
JUDGE
RK
CT:KHV
