Shankar Shettigar Vs State of Karnataka

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NC: 2025:KHC:22052 WP No. 12752 of 2023

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24^TH DAY OF JUNE, 2025

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BEFORE

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THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 12752 OF 2023 (S-RES)

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BETWEEN:

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SHANKAR SHETTIGAR S/O KRISHNA SHETTIGAR AGED ABOUT 63 YEARS TANDRADI , MANDARTI UDUPI TALUK AND DISTRICT UDUPI - 576223

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…PETITIONER

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(BY SRI. RAJESHA SHETTIGARA., ADVOCATE)

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AND:

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Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA

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STATE OF KARNATAKA DEPARTMENT OF EDUCATION REPRESENTED BY ITS CHIEF SECRETARY M S BUILDING, DR B.R. AMBEDKAR VEEDHI BANGALORE – 560001.

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THE COMMISSIONER HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS MINTO ANJANEYA BHAVAN A V ROAD, CHAMARAJPET BANGALORE - 560018.

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THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS (DDPI) UDUPI DISTRICT UDUPI - 576104.

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HC-KAR

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THE BLOCK EDUCATION OFFICER BRAHMAVARA

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UDUPI TALUK AND DISTRICT - 576108

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THE PRESIDENT / SECRETARY SRI DURGAPARAMESHWARI HIGH SCHOOL MANDARTHI, UDUPI TALUK UDUPI TALUK AND DISTRICT UDUPI - 576223.

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THE EXECUTIVE OFFICER, SRI DURGAPARAMESHWARI HIGH SCHOOL MANDARTHI, UDUPI TALUK UDUPI TALUK AND DISTRICT UDUPI - 576223.

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…RESPONDENTS

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(BY SRI.VIKAS ROJIPURA, AGA FOR R1 TO R4: R5 & R6 ARE SERVED AND UNREPRESENTED)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R2, R5 AND R6 FOR IMPLEMENTATION OF COMMUNICATION ISSUED BY THE R5 TO PETITIONER FOR APPROVAL OF STATE EDUCATION DEPARTMENT OR ENDOWMENT COMMISSION FOR PAYMENT OF ARREARS OF SALARY, PENSION AND OTHER CONSEQUENTIAL BENEFITS FOR SERVICE RENDERED BY THE PETITIONER AS PER (ANNEXURE -A)

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD

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HC-KAR

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ORAL ORDER

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This writ petition is filed under Articles 226 & 227 of the Constitution of India, seeking a direction to respondent Nos.2, 5 and 6, to pay the arrears of salary, pension and other consequential benefits, to the petitioner.

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The petitioner was working as an Attender in the fifth respondent - Institution. The said Institution was admitted to grant-in-aid. When he was in service, the Management has kept him under suspension and initiated the departmental enquiry. Being aggrieved by the same, the petitioner approached the Educational Appellate Tribunal in E.A.T.No.1/2014. The Tribunal, by order dated 25.03.2015 vide Annexure-B allowed the appeal in part and remitted the matter back to the Enquiry Committee to hold fresh enquiry in accordance with law. Pursuant to the order of the Tribunal, the petitioner submitted a representation to the Management on 24.04.2015 vide Annexure-C. Since the same was not considered, the petitioner approached this Court by filing a writ petition in W.P.No. 24205/2015. The Management, being aggrieved by the order passed by the Tribunal filed writ petition before this Court in W.P.No.25231/2015. This Court, by order

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HC-KAR

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dated 16.10.2015 vide Annexure-D disposed of both the petitions directing the Enquiry Committee to complete the enquiry within a period of six months.

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Thereafter, no enquiry has been conducted. Therefore, the petitioner again submitted a representation to the Management on 17.03.2016 vide Annexure-E. Since the same is not considered, the petitioner approached this Court in W.P.No.23019/2016. The said writ petition was disposed of on 28.06.2016 vide Annexure-F, with a direction to pay the subsistence allowance to the petitioner with effect from 16.10.2015 till the completion of enquiry. Since the enquiry has not been completed and he has not been re-instated into service, he approached this Court by filing a writ petition in W.P.No.44291/2017. This Court, by order dated 18.12.2018 granted an interim order, directing the Management to reinstate the petitioner into the service. Pursuant to the interim order, the Management has re-instated the petitioner into the service. Hence, the said writ petition was disposed of on 24.06.2019.

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HC-KAR

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Since the Management has not paid the back-wages and other consequential benefits, the petitioner has given a representation on 01.04.2019 vide Annexure-N. The Deputy Director of Public Instructions, Udupi issued an endorsement on 03.07.2019 vide Annexure-Q stating that the Management has to pay the arrears of salary. Being aggrieved by the same, the petitioner approached this Court in W.P.No.43912/2019. This Court, by order dated 28.01.2022 vide Annexure-R disposed of the writ petition with a direction to respondent No.3 – Management to pay the arrears of salary to the petitioner. Thereafter, the petitioner submitted a representation to the Executive Officer, Sree Durgaparameshwari High School, Mandarthi since the Institute is run by Sree Durgaparameshwari Temple Trust. The Executive Officer of the Sree Durgaparameshwari Temple, Mandarathi, has written a letter to the Commissioner, Hindu Religious and Charitable Endowments, Bengaluru on 10.11.2022 vide Annexure-X to pay arrears to the petitioner as per the direction of this Court. Pursuant to the same, the Commissioner, Hindu Religious and Charitable Endowments, written a letter to the Executive Officer, Sree Durgaparameshwari Temple on 14.02.2023 vide

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HC-KAR

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Annexure-Y, seeking clarification from the Management. Pursuant to that, the Executive Officer, Sree Durgaparameshwari Temple submitted his reply to the Commissioner, Hindu Religious and Charitable Endowments on 20.03.2023 vide Annexure-Z. Thereafter, no action has been taken by the Commissioner, Hindu Religious and Charitable Endowments. Hence, the petitioner is before this Court.

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Under these circumstances, the petitioner is at liberty to

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file a representation to the Commissioner, Hindu Religious and Charitable Endowments, Bengaluru, enclosing all the documents. If such a representation is submitted, the second respondent, Commissioner, Hindu Religious and Charitable Endowments, Bengaluru is directed to consider the same and pass appropriate orders, keeping in view of the earlier order passed by this Court in W.P.No.43912/2019 and also earlier endorsement issued by the Deputy Director of Public Instructions on 03.07.2019, in accordance with law, as expeditiously as possible, not later than three months from the date of receipt of the representation.

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