Sri.M.S. Lakshmana Gowda Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

Sri.M.S. Lakshmana Gowda Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Directions issued: upon the petitioner submitting a fresh representation, the Management must forward it to the concerned authority within two weeks, and the Government must then consider it in accordance with law within three months; no opinion expressed on merits.

Issue for consideration

Whether the respondents should be directed to consider the petitioner's representation (Annexure-A dated 11-09-2023) and release the Special Incentive of Personal Pay promoting the Small Family Norms with effect from the salary month of October 2013. +1 more

Court's answer

If the petitioner submits a fresh representation to the Management, the Management is directed to forward it to the concerned authority within two weeks of receipt.

Ratio / Principle

Without expressing any opinion on the merits of the case, the writ petition is disposed of.

Key takeaways

On receipt of the representation from the Management, the Government is directed to consider it in accordance with law within three months.ratio¶46

Detailed headnote1 paragraphs

Writ petition (Article 226, Constitution of India) filed by an assistant teacher of an aided high school in Chikkamagaluru seeking release of the Special Incentive of Personal Pay promoting the Small Family Norms (increment available to employees of Government and aided institutions whose employee or spouse undergoes sterilization after two living children, per Government order dated 01.10.1985) with effect from salary month October 2013, and action against the school management (respondents 4 and 5) for failing to process his representations (Annexure-F to the Institution; Annexure-A dated 11-09-2023 to the State). Counsel for the Management stated it never received the representation. The court disposed of the petition without expressing any opinion on the merits, directing that if the petitioner submits a fresh representation, the Management shall forward it to the concerned authority within two weeks, and the Government shall thereafter consider it in accordance with law within three months.

NC: 2025:KHC:37268 WP No. 9510 of 2024

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HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16^TH DAY OF SEPTEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 9510 OF 2024 (S-RES)

BETWEEN:

SRI.M.S. LAKSHMANA GOWDA AGED ABOUT 56 YEARS S/O LATE M M SOME GOWDA ASSISTANT TEACHER H NARASIMHAIAH MEMORIAL HIGH SCHOOL NARIGUDDANAHALLI JYOTHINAGAR POST-577102 CHIKKAMAGALURU RESIDENT OF NEAR BANNI TREE SRINIVASANAGARA RAMPURA POST-577101 CHIKKAMAGALURU.

…PETITIONER

(BY SRI. JAGADISH BALIGA N., ADVOCATE)

AND:

THE STATE OF KARNATAKA Digitally signed by HEMALATHA A REP. BY ITS SECRETARY TO EDUCATION DEPARTMENT Location: HIGH (AIDED INSTITUTE) COURTOF VIDHANA SOUDHA, BENGALURU-560001. KARNATAKA

DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS PUBLIC INSTRUCTION DEPARTMENT ZILLA PANCHAYATH CHIKKAMAGALURU-577101.

BLOCK EDUCATION OFFICER PUBLIC INSTRUCTION DEPARTMENT BELUR ROAD, CHIKKAMAGALUR-577101.

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THE SECRETARY SRI RANGARAM EDUCATION SOCIETY BILEKALLU (NARIGUDDANAHALLI) JYOTHINAGAR POST-577102 CHIKKAMAGALURU.

THE HEAD MASTER H NARASIMHAIAH MEMORIAL HIGH SCHOOL NARIGUDDANAHALLI JYOTHINAR POST CHIKKAMAGALURU-577102.

…RESPONDENTS (BY SRI.SIDHARTH BABU RAO, AGA FOR R1 TO R3: SRI GAGANDEEP E, ADVOCATE FOR SRI. P B AJIT, ADVOCATE FOR R4 & R5 )

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF

THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER ANNEXURE-A DATED 11.9.23 AND THEREBY DIRECT TO RELEASE IN FAVOUR OF THE PETITIONER OF SPECIAL INCENTIVE OF THE PERSONAL PAY PROMOTING THE SMALL FAMILY NORMS WITH EFFECT FROM THE SALARY MONTH OF OCTOBER 2013 AND ETC.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING

IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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

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NC: 2025:KHC:37268 WP No. 9510 of 2024

HC-KAR

ORAL ORDER

1. In this writ petition, the petitioner has sought the

following reliefs:

(a) issue Writ of Mandamus or any other Writ or Direction directing the Respondents to consider Annexure-A dated 11-09-2023 and thereby direct to release in favour of the Petitioner of Special Incentive of the Personal Pay Promoting the Small Family Norms with effect from the salary month of October 2013;

b) Issue writ of mandamus or any other direction directing the Respondents 1 to 3 to take proper action as against the 4th and 5th Respondents for not acting properly on the Representations made by the Petitioner more particularly Annexure-A dated 11-09-2023; and

(c) grant such other and further reliefs deems fit under the circumstances of the case including the cost, in the interests of justice and equity.

The case of the petitioner is that the petitioner was

working as an Assistant Teacher in respondent No.5 Institution. The Government by order dated 01.10.1985 has introduced a scheme to grant a special increment to

the Government employees and employees of aided

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HC-KAR

Educational Institutions, where either the employee or their spouse undergoes sterilization after having two living children and they can avail this increment subject to conditions. The petitioner has submitted a representation to respondent No.5-Institution vide Annexure-F seeking benefit under the said scheme. As the Management did not forward the representation of the petitioner to the Government, the petitioner independently forwarded the representation to the State Government vide Annexure-A. Since no action has been taken on the representation, the petitioner is before this Court.

The learned counsel for the respondent-Management

has submitted that the Management has not received any such representation from the petitioner. However, if the petitioner submits the representation afresh, the same shall be forwarded to the concerned authority.

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HC-KAR

In view of the above and without expressing any

opinion on the merits of the case, the writ petition is disposed of .

If the petitioner submits a representation to the Management, the Management is directed to forward the same to the concerned authority within two weeks from the date of receipt of such representation. On receipt of the said representation, the Government is directed to consider the same in accordance with law and within three months from the date of receipt of representation from the Management.

Sd/(H.T. NARENDRA PRASAD) JUDGE

LIST NO.: 1 SL NO.: 59

DM