High Court directed authorities to consider petitioner's representations and pay salary for a period of involuntary unemployment. Court held State liable for salary delay caused by school refusal to accept deputation.
Writ petition allowed; respondents directed to consider representations and pay salary for period 20.07.2019 to 06.11.2019 within 10 weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2024:KHC:16221 WP No. 4810 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 4810 OF 2024 (S-RES)
BETWEEN:
SRI. SIDDESH B R S/O REVANSIDDAPPA B S AGED ABOUT 47 YEARS HINDI TEACHER SRI ANJANEYASWAMY RESIDENTIAL HIGH SCHOOL JAREEKATTE, DAVANAGERE DAVANAGERE DISTRICT-577 004
…PETITIONER
(BY SRI. HAREESH BHANDARY .T, ADVOCATE)
AND:
Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA
NC: 2024:KHC:16221 WP No. 4810 of 2024
NRUPATUNGA ROAD BENGALURU-01
…RESPONDENTS
(BY SMT. B. SUKANYA BALIGA, AGA FOR R1 TO R5; R6 AND R7 ARE SERVED - UNREPRESENTED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECTING THE RESPONDENTS TO CONSIDER THE REPRESENTATIONS DATED 18.07.2022, 12,10.2022 AND 10.11.2022 VIDE ANNEXURES-A , B AND C AND ETC.
THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
NC: 2024:KHC:16221 WP No. 4810 of 2024
ORDER
The petitioner has filed the captioned petition seeking a mandamus against the respondents to consider the representations dated 18.07.2022, 12.10.2022 and 10.11.2022 vide Annexures-A, B and C. Consequent direction is also sought to direct respondent Nos.2 to 5 to pay salary to the petitioner for the period 20.07.2019 to 06.11.2019.
terms of movement order, the school authorities at Rajanahallisitamma Government Girls PU College (High School Division) PJ Layout, Davanagere, relieved the
NC: 2024:KHC:16221 WP No. 4810 of 2024
petitioner to enable the petitioner to report to duty at respondent No.6-school.
reciprocate in complying the order of the department.
department has failed to place the petitioner to the suitable post and his request is belatedly entertained by
NC: 2024:KHC:16221 WP No. 4810 of 2024
the department and he was able to report to duty only pursuant to 07.11.2019 wherein fresh deputation order was passed by the authority.
petitioner’s claim of salary in the interregnum will be considered by the authorities in accordance with law. On examining the records, this Court is of the view that for no fault of the petitioner, the petitioner was denied employment and salary for the period 20.07.2019 to 06.11.2019.
6th respondent/school, found himself in a state of limbo
due to the unforeseen closure of the school. This closure, an external circumstance beyond the petitioner's control, abruptly disrupted his professional continuity. In compliance with directives from the department, the petitioner was designated for deployment to the respondent No.6-school. However, the respondent No.6, for reasons undisclosed, refused to accommodate the
petitioner, thereby obstructing the fulfillment of the department's mandate. This refusal, coupled with a lack of reciprocal action or alternative arrangements from respondent No.6, left the petitioner in a state of professional uncertainty and financial hardship.
for the petitioner compounded the issue. It was only on November 7, 2019, that a fresh deputation was issued, assigning the petitioner to DRR public school. Consequently, the petitioner endured a prolonged period of involuntary unemployment from July 20, 2019, to November 6, 2019. This period, marked by a lack of income and employment, was not due to any deficiency or negligence on the petitioner's part, but rather arose directly from the closure of the original school and subsequent administrative delays. It is crucial to emphasize that the petitioner's entitlement to salary for the aforementioned period is firmly rooted in principles of fairness and justice. The petitioner should not bear the
NC: 2024:KHC:16221 WP No. 4810 of 2024
brunt of financial repercussions resulting from circumstances beyond his control. The denial of salary
during this period represents a clear injustice, as it penalizes the petitioner for factors entirely external to his actions or decisions.
deserves rightful compensation for the duration of involuntary unemployment. The State Government under whom petitioner is employed is under bounden duty to pay salary. If the deputation order at first instance was not implemented by the school authorities, the sole responsibility of paying salary during the interregnum is primarily on the State Government. Petitioner has a legal right to claim salary from 20.07.2019 to 06.11.2019 wherein he was denied employment as well as salary to which he is legally entitled to. Therefore, this is a fit case where mandamus lies. The respondents are under an
obligation to consider the representations and pass appropriate orders.
ORDER
(i) The writ petition is allowed;
(ii) The respondents are hereby directed to consider the representations dated 18.07.2022, 12.10.2022 and 10.11.2022 vide Annexures-A, B and C by strictly adhering to the findings recorded by this Court supra and pass appropriate orders on the representations;
(iii) This exercise shall be accomplished by the authorities within a period of 10 weeks from the date of receipt of a copy of this order;
Sd/JUDGE
CA
List No.: 1 Sl No.: 13
2 issues framed by the court
Whether the State Government is liable to pay salary to a teacher during a period of involuntary unemployment caused by administrative non-implementation of a deputation order.
Whether a writ of mandamus is maintainable to direct the authorities to consider the petitioner's representations regarding his claim for salary and posting.
1 provisions across 1 enactments
SRI. SIDDESH B R S/O REVANSIDDAPPA B
STATE OF KARNATAKA
THE COMMISSIONER (HIGHER EDUCATION)
DIRECTOR HIGHER EDUCATION
THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS
THE HEAD MASTER MRB HIGH SCHOOL
SACHIN SHANKAR MAGADUM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
