Allowed

Basanagoud S/O Ramanagoud Goudar v. the Karnataka State Open University

Karnataka HC28 Aug 2024WP/101698/2024

Case brief

AI extract

What is this about?

An employee whose salary was withheld after a stayed transfer sought release of arrears and regular future payment. The court held he worked at Belagavi per interim order and was entitled to salary, directing payment of arrears within eight weeks with interest at 6% per annum.

What did the court decide?

Release of entire salary arrears within eight weeks (less amount already deposited/paid) with interest at 6% per annum for the period of delay.

Basanagoud S/O Ramanagoud Goudar Vs the… — Pension and Retirement Benefits | Karnataka HC (2024)

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NC: 2024:KHC-D:12285 WP No. 101698 of 2024

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 28^TH DAY OF AUGUST, 2024

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BEFORE

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THE HON'BLE MR. JUSTICE RAVI V.HOSMANI

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WRIT PETITION NO.101698 OF 2024 (S-RES)

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BETWEEN:

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BASANAGOUD S/O RAMANAGOUD GOUDAR, AGED: 47 YEARS, OCC: SERVICE, C/O: KARNATAKA STATE OPEN UNIVERSITY, REGIONAL CENTRE KRANTIVEER SANGOLLI RAYANNA EDUCATION COLLEGE OF EDUCATION CAMPUS, NEHRU NAGAR, BELAGAVI, PERMANENT R/O: #7, AMBA BHAVANI NILAY, KHUSHI PARK, 1^ST CROSS SAPTAPUR, DHARWAD, TQ AND DIST: DHARWAD - 580 001.

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…PETITIONER

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(BY SRI GIRISH A.YADAWAD, ADVOCATE)

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AND:

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Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka

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THE KARNATAKA STATE OPEN UNIVERSITY, MUKTA GANGOTRI, MYSURU, REPRESENTED BY ITS REGISTRAR, KSOU, ADMINISTRATIVE OFFICE, MUKTA GANGOTRI, MYSORE - 570 006.

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…RESPONDENT

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(BY SRI CHETAN MUNNOLI, ADVOCATE FOR SRI T.P.RAJENDRA KUMAR SUNGAY, ADVOCATE)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, 1950, PRAYING TO, ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENT TO FORTHWITH RELEASE THE ENTIRE ARREARS OF SALARY OF THE PETITIONER WITH INTEREST AT THE RATE OF 12%, IN THE INTEREST OF JUSTICE AND EQUITY. ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENT TO PAY THE SALARY OF THE PETITIONER IN FUTURE REGULARLY, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.,

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NC: 2024:KHC-D:12285 WP No. 101698 of 2024

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THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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ORAL ORDER

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Seeking for direction to respondent to release entire arrears of salary of petitioner with interest at 12% per annum and to pay his salary regularly in future, this writ petition is filed.

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Sri Girish A.Yadawad, learned counsel for petitioner submitted that petitioner was appointed as Data Entry Operator by respondent on 21.11.2007. After availing various promotions and suffering transfers, petitioner was working as First Division Clerk at Regional Centre, Belagavi. On 23.12.2022, when petitioner had completed tenure of

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only two years one month, he was again sought to be transferred to Kolar. Said order was questioned by him in W.P.no.106059/2022. On 29.12.2022, order of transfer was stayed. On 14.02.2023, taking note of interim order, Vice Chancellor of respondent-University passed an order for continuation of petitioner at Belagavi. Petitioner was thereafter directed to withdraw writ petition. On 08.09.2023, writ petition was dismissed as withdrawn. During above

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3 - NC: 2024:KHC-D:12285 WP No. 101698 of 2024

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developments, petitioner was not permitted to sign attendance register. Therefore, petitioner was not paid salary from January 2023 except for month of March, 2023. His repeated representations fell on deaf ear constraining filing of above writ petition.

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It was submitted, in pursuance of interim order passed in present writ petition, respondent had deposited 50% of amount before this Court and same was released to petitioner. Since more than reasonable time had lapsed after submission of representations dated 16.11.2023 and 21.02.2024 at Annexures-H and K, petitioner was seeking for direction for consideration.

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On other hand, Sri Chetan Munnoli, learned counsel appearing for Sri T.P.Rajendra Kumar Sungay for respondent sought to oppose writ petition. It was however admitted that respondent had deposited 50% of amount as per interim order and same was released to petitioner.

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Heard learned counsel and perused writ petition record.

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4 - NC: 2024:KHC-D:12285 WP No. 101698 of 2024

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From above, petitioner being employee of

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respondent is not in dispute. Though an order transferring him from Belagavi to Kolar was passed, same was challenged by him before this Court. After this Court granted interim order of stay, respondent passed order for retaining petitioner at Belagavi. Consequent thereto, petitioner continued at Belagavi. Admittedly, order of transfer was premature. In any case respondent later passed order for retaining petitioner at Belagavi. In view of interim order granted by this Court, petitioner had continued at Belagavi and worked. For same, petitioner would be entitled for salary. Denial or refusal by respondent would be contrary to law. Admittedly, payment of salary is delayed. Therefore, respondent would be liable to pay same with interest.

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Though petitioner has sought for payment of arrears of salary with interest at 12% per annum, taking note of fact that there is neither any provision nor any agreement stipulating rate of interest, it would be appropriate to direct respondent to pay arrears with interest at 6% per annum.

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NC: 2024:KHC-D:12285 WP No. 101698 of 2024

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Hence, petition is allowed. Respondent is directed

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to release entire amount of arrears of salary within a period of eight weeks from date of receipt of certified copy of this order, less amount already deposited/paid to petitioner. Respondent would be liable to pay interest at 6% per annum for period of delay.

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Sd/(RAVI V.HOSMANI) JUDGE

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CLK CT-ASC List No.: 1 Sl No.: 34

Basanagoud S/O Ramanagoud Goudar v. the Karnataka State Open University

Case brief

What is this about?

What did the court decide?

Basanagoud S/O Ramanagoud Goudar v. the Karnataka State Open University

Case brief

What is this about?

What did the court decide?

What the court decided

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