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Rajashekhar Veerappa Rakkasagi v. the State of Karnataka

Karnataka HC24 Jul 2025WP/103749/2025

Case brief

AI extract

What is this about?

Writ of mandamus; consideration of representation; withholding of salary from February 2025; compassionate appointment as Mechanic (20.12.1999); confirmation (17.07.2002); Assistant Lab Instructor; time bound scale; resolution dated 18.08.2018 by Director, Department of Technical Education; parity with Writ Petition No.101190/2025 and Writ Petition No.101154/2025; six weeks compliance; Articles 226 and 227 Constitution of India; Karnataka High Court Dharwad Bench; Justice Pradeep Sing(h) Yerur; NC: 2025:KHC-D:9164; WP No. 103749 of 2025 (S-RES); petition allowed.

What did the court decide?

Writ of mandamus issued directing respondent No.4 to consider the petitioner's representation dated 22.05.2025 in accordance with law within a period of six weeks from the date of receipt of copy of the order. ¶37

Rajashekhar Veerappa Rakkasagi Vs the State of… — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether a writ of mandamus ought to be issued directing respondent No.4 to consider the petitioner's representations dated 17.03.2025 and 22.05.2025 (Annexures-D and D1) in accordance with law. +1 more

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Court's answer

A writ of mandamus is issued directing respondent No.4 to consider the petitioner's representation dated 22.05.2025 in accordance with law within a period of six weeks from the date of receipt of a copy of the order.

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Ratio / Principle

Since this Court had already disposed of similar cases in Writ Petition No.101190/2025 and Writ Petition No.101154/2025, the petitioner was held to deserve a similar order.

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Detailed headnote1 paragraphs

Single-judge oral order (Hon'ble Mr. Justice Pradeep Singh Yerur, High Court of Karnataka, Dharwad Bench, 24 July 2025) allowing Writ Petition No. 103749 of 2025 (S-RES) filed under Articles 226 and 227 of the Constitution of India. The petitioner, appointed as a Mechanic on compassionate ground by respondent No.5 college on 20.12.1999, confirmed by order dated 17.07.2002 and later promoted as Assistant Lab Instructor, had his salary withheld by respondent No.5 from February 2025 despite a resolution of respondent No.3 dated 18.08.2017 entitling him to time bound scale payment; his representations dated 17.03.2025 and 22.05.2025 went unconsidered. By memo, the petitioner restricted his claim to consideration of his representation on parity with Writ Petition No.101190/2025 clubbed with Writ Petition No.101154/2025, already disposed of by this Court, and counsel for respondents No.4 and No.5 undertook to consider the representation. A writ of mandamus was issued directing respondent No.4 to consider the representation dated 22.05.2025 in accordance with law within six weeks of receipt of the order.

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NC: 2025:KHC-D:9164 WP No. 103749 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 24^TH DAY OF JULY 2025 BEFORE

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THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 103749 OF 2025 (S-RES)

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BETWEEN:

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RAJASHEKHAR VEERAPPA RAKKASAGI, AGE: 53 YEARS, OCC: SERVICE, R/O. #428E, PLOT NO.44, NEAR SHUDDHA WATER FILTER, KARIYAMMAKALLU BADAVANE, GADAG-582 101.

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…PETITIONER

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(BY SRI. SHEKHARGOUDA NAGANURI, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA, BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HIGHER EDUCATION, (TECHNICAL EDUCATION), M.S. BUILDING, BENGALURU-560 001.

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CHANABASAPPA K KALLUR Digitally signed byCHANABASAPPA KKALLUR Location: HIGH COURT OFKARNATAKA DHARWADBENCHDate: 2025.07.31 14:47:10+0530

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JOINT DIRECTOR (ADMINISTRATION) DEPARTMENT OF TECHNICAL EDUCATION, PALACE ROAD, BENGALURU-560 001.

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THE DIRECTOR, DEPARTMENT OF TECHNICAL EDUCATION, PALACE ROAD, BENGALURU-560 001.

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THE COMMISSIONER, DEPARTMENT OF TECHNICAL EDUCATION, PALACE ROAD, BENGALURU-560 001.

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THE PRINCIPAL, B.V. BHOOMARADDI COLLEGE OF ENGINEERING AND TECHNOLOGY, HUBBALLI-580 031.

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…RESPONDENTS

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(BY SRI. P.N. HATTI, HCGP FOR R1-R4; SRI. M.B. HIREMATH, ADVOCATE FOR R5)

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2 - NC: 2025:KHC-D:9164 WP No. 103749 of 2025

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HC-KAR

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO

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a) ISSUE A WRIT IN THE NATURE OF MANDAMUS CONSIDER THE REPRESENTATION DATED 17.03.2025 AND 22.05.2025, VIDE ANNEXURE-D AND D1 RESPECTIVELY.

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b) TO DIRECT THE RESPONDENT NO.4 & 5 INSTITUTE TO PAY THE ARREARS OF SALARY INCLUDING ALLOWANCE ALONG WITH INTEREST TO THE PETITIONER AND ALSO TO CONTINUE TO PAY THE SALARY OF THE PETITIONER HEREAFTER AND ETC.

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THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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ORAL ORDER

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(PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR)

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The present petition is filed by the petitioner seeking writ of mandamus to consider the representations dated 17.03.2025 and 22.05.2025. The petitioner was appointed as a Mechanic in the Mechanical Engineering Department on compassionate ground by the 5^th respondent/College on 20.12.1999. Services of the petitioner was confirmed by the 5^th respondent vide order dated 17.07.2002. Thereafter, the petitioner was promoted to the post of Assistant Lab Instructor, Department of Mechanical Engineering and he has been working till date.

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3 - NC: 2025:KHC-D:9164 WP No. 103749 of 2025

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HC-KAR

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This being the state of affairs, the petitioner having worked more than 10 years in the same post was not given any promotion. Respondent No.3 vide order dated 18.08.2017 passed a resolution stating that the petitioner was entitled for time bound scale payment of salary. Respondent No.5 has withheld the salary of petitioner from February, 2025. Due to which, the petitioner approached respondent No.5 and submitted a representation seeking reasons for withholding of salary and another representation was submitted to respondent No.4 for release of salary. These two representations have not headed any result, petitioners being aggrieved by the same, is before this Court.

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During the course of arguments, petitioner filed a memo that petitioner is restricting his claim for consideration of his representation in accordance to the orders passed by this Court in Writ Petition No.101190/2025 clubbed with Writ Petition No.101154/2025 and consider his representation as early as possible.

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4 - NC: 2025:KHC-D:9164 WP No. 103749 of 2025

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HC-KAR

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Learned counsel Sri M.B.Hiremath, appearing for respondent No.5 including respondent No.4 submit that they would consider the representation of the petitioner in accordance with law, if reasonable time is granted.

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This Court has already disposed of similar case in Writ Petition No.101190/2025 clubbed with Writ Petition No.101154/2025. Petitioner has also deserves similar order. Accordingly, I pass the following :

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ORDER

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