Shri Gangadhara G S/O Ganganna T Vs the State of… — Writ and Judicial Review | Karnataka HC (2025)

Shri Gangadhara G S/O Ganganna T Vs the State of… — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Continuation of the interim order of stay granted by this Court on 26.06.2025 of Annexure A-16 (order dated 13.06.2025) and Annexure A-17 (consequential order dated 16.06.2025) till disposal of Application No.10622/2025 before the Tribunal; hearing before the Tribunal extended; all contentions of both sides kept open.

Issue for consideration

Whether the interim order of stay granted by this Court on 26.06.2025 in respect of the orders at Annexures A-16 and A-17 should be continued till disposal of the application filed before the Tribunal. +1 more

Court's answer

Since this Court had already stayed the orders at Annexures A-16 and A-17, which are called in question before the Tribunal, its interim order of stay would be continued till disposal of the application filed before the Tribunal.

Ratio / Principle

With the observation continuing the interim stay, the petition stands disposed of; all contentions of both sides are kept open and the hearing of the application before the Tribunal is extended.

Key takeaways

Pending applications, if any, stand disposed of as not surviving for consideration.ratio¶±47

Detailed headnote1 paragraphs

Service law — Writ petition under Article 226 against the Karnataka State Administrative Tribunal's order dated 23.06.2025 in Application No.10622/2025, by which the Tribunal merely issued notice and did not consider ex parte interim relief against (i) the order dated 13.06.2025 (Annexure A-16) redoing the seniority list and reverting the petitioner from Superintendent to F.D.A. with a direction to recover Rs.3,78,054/- as excess payment — passed without notice to the petitioner pursuant to the Tribunal's order dated 02.02.2024 in Application No.20585-20588/2022 setting aside an endorsement dated 29.04.2022 — and (ii) the consequential order dated 16.06.2025 (Annexure A-17). Held: since this Court had already granted an ad interim stay of Annexures A-16 and A-17 by order dated 26.06.2025, its interim order would continue till disposal of the application before the Tribunal; hearing before the Tribunal extended; all contentions kept open; petition disposed of; pending applications disposed of as not surviving.

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NC: 2025:KHC-D:12031-DB WP No. 104010 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 15^TH DAY OF SEPTEMBER, 2025 PRESENT

THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV

AND

THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL

WRIT PETITION NO.104010 OF 2025 (S-KAT)

BETWEEN:

SHRI GANGADHARA G S/O GANGANNA T AGE. 43 YEARS, WORKING AS SUPERINTENDENT (UNDER ORDERS OF REVERSION) O/O BLOCK EDUCATION OFFICER, EAST RANGE FORT, BELLARY R/AT BEHIND MARUTI STORE, CAUL BAZAR, GADANG STREET, BELLARY 583102.

…PETITIONER

(BY SRI. VIJAYA KUMAR, ADVOCATE)

AND:

THE STATE OF KARNATAKA, R/BY ITS PRINCIPAL SECRETARY, SCHOOL EDUCATION DEPARTMENT, M.S. BUILDING, BENGALURU 560001.

Digitally signed by VINAYAKA B V Location: High Court of Karnataka, Dharwad Bench

THE ADDITIONAL COMMISSIONER, DEPARTMENT OF SCHOOL EDUCATION, KALABURAGI, KALABURAGI DISTRICT 585102.

THE DEPUTY DIRECTOR, DEPARTMENT OF SCHOOL EDUCATION FORT, BELLARY, BELLARY DISTRICT 583101.

THE BLOCK EDUCATION OFFICER, DEPARTMENT OF SCHOOL EDUCATION EAST RANGE, FORT, BELLARY, BELLARY TALUK, BELLARY DISTRICT 583102.

SHRI MANJUNATH B.N., AGE. MAJOR, WORKING AS SUPERINTENDENT, O/O BLOCK EDUCATION OFFICER, EAST RANGE FORT, BELLARY.

…RESPONDENTS

2 - NC: 2025:KHC-D:12031-DB WP No. 104010 of 2025

HC-KAR

(BY SRI. V.S. KALASURMATH, AGA FOR R1 TO R4; SRI. A. VEERANNA, ADVOCATE FOR R5)

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 23.06.2025 PASSED BY THE HON’BLE TRIBUNAL IN APPLICATION NO.10622/2025 (VIDE ANNEXURE A) & ETC.

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

CORAM: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV)

The present petition is filed assailing the order of the Tribunal insofar as the Tribunal had merely issued notice and not considered the grant of exparte interim relief as regards Annexure-A16 and A17.

2. It is noticed that this Court by order dated 26.6.2025 had granted interim order of stay. The said order dated 26.6.2025 is extracted below:

“ Learned counsel for the petitioner submits that the

office objections will be complied within a period of two weeks from today. However urgency is pleaded for the interim prayer.

Learned AGA takes notice for respondents No.1 to 4. Issue notice to respondent No.5.

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NC: 2025:KHC-D:12031-DB WP No. 104010 of 2025

HC-KAR

Learned counsel for the petitioner is directed to serve copies of the petition along with annexures on the learned AGA. Learned counsel for the petitioner submits that the 5^th respondent had earlier approached the Karnataka State Administrative Tribunal in Application No. 20585-20588/2022 seeking to quash an endorsement dated 29.04.2022 issued by the Commissioner of the Department of Public Instructions, declining to consider the request made by the 5th respondent to redo the seniority list and place the 5th respondent above the petitioner.

Learned counsel points out from the order dated 02.02.2024 in Application No. 20585-20588/2022 that the petitioner was not a party to the proceedings. However the Tribunal set aside the endorsement and remitted the matter back to the respondent authorities to reconsider the whole issue in accordance with law. Respondent authorities thereafter proceeded to pass the impugned order dated 13.06.2025 redoing the seniority list without notice to the petitioner. In fact, the impugned order is an order of reversion, reverting the petitioner from the post of Superintendent to F.D.A. and with a further direction to recover a sum of Rs.3,78,054/- from the petitioner on the ground that excess payment has been made to the petitioner. Learned counsel submits that despite these issues being brought to the notice of the Tribunal, the Tribunal has held that this is not a case for grant of exparte interim order dispensing with notice.

Having regard to the submissions made by the learned counsel and the fact that the impugned order of reversion has been passed without notice to the petitioner, it is a fit case where stay was required to be granted by the Tribunal.

Accordingly, we proceed to pass an ad interim order of stay of the impugned order dated 13.06.2025 at Annexure A-16 and consequential order dated 16.06.2025 at Annexure A-17, till the next date of hearing. ”

3. We find that this Court has stayed the order at Annexure-A16 & A17, which have been called in question before the Tribunal. Therefore, it would be appropriate that the interim

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NC: 2025:KHC-D:12031-DB WP No. 104010 of 2025

HC-KAR

order passed by this Court be continued till disposal of the application filed before the Tribunal.

4. With such observation, the petition stands disposed off. All contentions of both sides are kept open. The hearing of the application before the Tribunal be extended.

Pending applications, if any, are disposed off as not surviving for consideration.

Sd/(S.SUNIL DUTT YADAV) JUDGE

Sd/(VIJAYKUMAR A.PATIL) JUDGE

JTR

LIST NO.: 1 SL NO.: 28