Smt Farzana Vs Sri.M.K. Muhammed Shafi Saadi

SMT. RAHILA BANU K D/O MOHAMMED QASIM T.S W/O SYED RAFI AGED ABOUT 48 YEARS R/O MELKOTE ROAD OPP. CLASSIC TAILOR 8^TH CROSS, SADASHIVANAGAR TUMKUR-572 102

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(BY SRI: BALAGANGADHAR G S, ADVOCATE)

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…COMPLAINANT

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AND:

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SRI. M.K. MUHAMMED SHAFI SAADI CHAIRMAN

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KARNATAKA STATE BOARD OF WAKF DARUL AWKAR NO.6, CUNNINGHAM ROAD BANGALORE-560 052

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2 - CCC No. 978 of 2023 C/W CCC No. 979 of 2023 CCC No. 349 of 2024 AND 1 OTHER

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SRI. KHAN PARVEEZ THE CHIEF EXECUTIVE OFFICER KARNATAKA STATE BOARD OF WAKF DARUL AWKAR NO.6, CUNNINGHAM ROAD BANGALORE-560 052

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SRI. ABDUL RAHAMAN S/O ABDUL KARIM AGED ABOUT 51 YEARS THE PRINCIPAL HAZRATH MADAR SHAH I T C AND D.ED TRAINING CENTRE ASHOKA ROAD TUMKUR-572 102

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SMT. NOOR FATHIMA S D/O SUBHAN KHAN AGED ABOUT 35 YEARS ESTATE OFFICER DISTRICT BOARD OF WAKF TUMKUR-572 102

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…ACCUSED

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(BY SMT: S R ANURADHA, SENIOR COUNSEL FOR

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SMT: SABAHATH SULTANA, ADVOCATE FOR A1 AND A2;

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SRI: R KOTHWAL, ADVOCATE FOR A3 & A4)

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THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT 1971, PRAYING TO SUMMON THE ACCUSED AND TO PUNISH THE ACCUSED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT FOR HAVING WILLFULLY DISOBEYED THE ORDERS PASSED BY THIS HON'BLE COURT IN W.A NO.121/2021 DATED 12.07.2021 PRODUCED AT ANNEXURE-B AND TO PASS SUITABLE ORDERS DIRECTING THE ACCUSED TO COMPLY WITH THE ORDERS PASSED IN THE ABOVE MATTERS.

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CCC No. 978 of 2023 C/W CCC No. 979 of 2023 CCC No. 349 of 2024 AND 1 OTHER

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IN CCC NO. 979/2023

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BETWEEN:

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SMT. FARZANA W/O SYED JALALUDDIN AKBAR AGED ABOUT 40 YEARS C/O SAMI BUILDING 4^TH MAIN, 7^TH CROSS SADASHIVANAGAR TUMKUR-572 102

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...COMPLAINANT

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(BY SRI: BALAGANGADHAR G S, ADVOCATE)

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AND:

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SRI. M.K. MUHAMMED SHAFI SAADI CHAIRMAN KARNATAKA STATE BOARD OF WAKF DARUL AWKAR NO.6, CUNNINGHAM ROAD BANGALORE-560 052

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SRI. KHAN PARVEEZ THE CHIEF EXECUTIVE OFFICER KARNATAKA STATE BOARD OF WAKF DARUL AWKAR NO.6, CUNNINGHAM ROAD BANGALORE-560 052

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SRI. ABDUL RAHAMAN S/O ABDUL KARIM AGED ABOUT 51 YEARS THE PRINCIPAL HAZRATH MADAR SHAH I T C AND D.ED TRAINING CENTRE ASHOKA ROAD TUMKUR-572 102

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SMT. NOOR FATHIMA S D/O SUBHAN KHAN AGED ABOUT 35 YEARS

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CCC No. 978 of 2023 C/W CCC No. 979 of 2023 CCC No. 349 of 2024 AND 1 OTHER

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ESTATE OFFICER DISTRICT BOARD OF WAKF TUMKUR-572 102

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...ACCUSED

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(BY SMT: S R ANURADHA, SENIOR COUNSEL FOR SMT: SABAHATH SULTANA, ADVOCATE FOR A1 AND A2; SRI: R KOTHWAL, ADVOCATE FOR A3; A4 IS SERVED AND UNREPRESENTED)

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THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT 1971, PRAYING TO SUMMON THE ACCUSED AND TO PUNISH THE ACCUSED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT FOR HAVING WILLFULLY DISOBEYED THE ORDERS PASSED BY THIS HON'BLE COURT IN W.A NO. 146/2021 DATED 08.10.2021 PRODUCED AT ANNEXURE-B AND IN W.A. NO.121/2021 DATED 08.10.2021 PRODUCED AT ANNEXURE-B1 AND TO PASS SUITABLE ORDERS DIRECTING THE ACCUSED TO COMPLY WITH THE ORDERS PASSED IN THE ABOVE MATTERS.

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IN CCC NO. 349/2024

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BETWEEN:

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SRI. NAZEER AHMED S/O ABDUL RAHIM AGED ABOUT 49 YEARS R/O BEHIND URDU SCHOOL 2^ND CROSS, UPPARAHALLI SHANTHINAGAR TUMKUR-572 102

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...COMPLAINANT

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(BY SRI: BALAGANGADHAR G S, ADVOCATE)

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AND:

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SRI. K. ANWAR BASHA CHAIRMAN KARNATAKA STATE BOARD OF WAKF, DARUL AWKAF

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CCC No. 978 of 2023 C/W CCC No. 979 of 2023 CCC No. 349 of 2024 AND 1 OTHER

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NO.06, CUNNINGHAM ROAD BANGALORE- 560 052

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SRI. KHAN PARVEEZ THE CHIEF EXECUTIVE OFFICER KARNATAKA STATE BOARD OF WAKF DARUL AWKAR NO.6, CUNNINGHAM ROAD BANGALORE-560 052

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SRI. ABDUL RAHAMAN S/O ABDUL KARIM AGED ABOUT 51 YEARS THE PRINCIPAL MAKAN (WAKF), HAZRATH MADAR SHAH I T C AND D.ED TRAINING CENTRE ASHOKA ROAD TUMKUR-572 102

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SMT. NOOR FATHIMA S D/O SUBHAN KHAN AGED ABOUT 35 YEARS ESTATE OFFICER DISTRICT BOARD OF WAKF TUMKUR-572 102

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...ACCUSED

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(BY SMT: S R ANURADHA, SENIOR COUNSEL FOR SMT: SABAHATH SULTANA, ADVOCATE FOR A1 AND A2;

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SRI: R KOTHWAL, ADVOCATE FOR A3 & A4)

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THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, PRAYING TO PUNISH THE ACCUSED FOR HAVING WILLFULLY DISOBEYED THE ORDER PASSED BY THIS HON'BLE COURT IN W.A. NO.147/2021 DATED 27.10.2021 PRODUCED AT ANNEXURE-B AND IN W.A. NO.121/2021 DATED 12.07.2021 PRODUCED AT ANNEXURE-B1 AND TO PASS SUITABLE ORDERS DIRECTING THE ACCUSED TO COMPLY WITH THE ORDER PASSED IN THE ABOVE MATTERS.

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CCC No. 978 of 2023 C/W CCC No. 979 of 2023 CCC No. 349 of 2024 AND 1 OTHER

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IN CCC NO. 522/2024

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BETWEEN:

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SRI. ZAHEER AHMED S/O A AMEER BASHA AGED ABOUT 48 YEARS R/O BEHIND URDU SCHOOL 2^ND CROSS, UPPARAHALLI SHANTHINAGAR TUMKUR-572 102

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...COMPLAINANT

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(BY SRI: BALAGANGADHAR G S, ADVOCATE)

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AND:

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SRI. K. ANWAR BASHA CHAIRMAN KARNATAKA STATE BOARD OF WAKF, DARUL AWKAF NO.06, CUNNINGHAM ROAD BANGALORE- 560 052

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SRI. KHAN PARVEEZ THE CHIEF EXECUTIVE OFFICER KARNATAKA STATE BOARD OF WAKF DARUL AWKAR NO.6, CUNNINGHAM ROAD BANGALORE-560 052

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SRI. ABDUL RAHAMAN S/O ABDUL KARIM AGED ABOUT 51 YEARS THE PRINCIPAL HAZRATH MADAR SHAH MAKAN I T I AND D.ED TRAINING CENTRE ASHOKA ROAD TUMKUR-572 102

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SMT. NOOR FATHIMA S D/O SUBHAN KHAN AGED ABOUT 35 YEARS

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CCC No. 978 of 2023 C/W CCC No. 979 of 2023 CCC No. 349 of 2024 AND 1 OTHER

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ESTATE OFFICER DISTRICT BOARD OF WAKF TUMKUR-572 102

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...ACCUSED

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(BY SMT: S R ANURADHA, SENIOR COUNSEL FOR SMT: SABAHATH SULTANA, ADVOCATE FOR A1 AND A2;

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SRI: R KOTHWAL, ADVOCATE FOR A3 & A4)

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THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF CONTEMPT OF COURTS ACT, 1971, PRAYING TO SUMMON THE ACCUSED AND TO PUNISH THE ACCUSED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT PF COURTS ACT FOR HAVING WILLFULLY DISOBEYED THE ORDERS PASSED BY THIS HON'BLE COURT IN W.A NO.130/2021 DATED 30.07.2021 PRODUCED AT ANNEXURE - B AND IN W.A NO.121/2021 DATED 12.07.2021 PRODUCED AT ANNEXURE - B1.

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THESE PETITIONS, HAVING BEEN HEARD AND RESERVED FOR JUDGMENT ON 03.09.2026 AND COMING ON FOR PRONOUNCEMENT OF JUDGMENT THIS DAY, T.P.VIVEKANANDA J., PRONOUNCED THE FOLLOWING:

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CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE T.P.VIVEKANANDA

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8 - CCC No. 978 of 2023 C/W CCC No. 979 of 2023 CCC No. 349 of 2024 AND 1 OTHER

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CAV JUDGMENT

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(PER: HON'BLE MR. JUSTICE T.P.VIVEKANANDA)

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These Contempt of Court Cases are filed complaining wilful disobedience of the orders dated 19.11.2020 passed in W.P.No.54859/2014 c/w W.P.Nos.54858/2014, 54867/2014 and W.P.No.55122/2014, which has been confirmed in W.A.Nos.121/2021, 130/2021, 146/2021 and W.A.No.147/2021 dated 12.07.2021.

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2. The subject matter of the writ petitions and writ appeals was as to whether the complainants who are appointed as the Junior Training Officers in Hazarath Madar Shah ITI & DED Training Centre were required to make an application through online to undergo training at

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the Central Training Institute of DGET Department during the period of probation or not?.

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3. The learned Single Judge has allowed the writ petitions directing the respondents therein to declare the probationary period of the complainants/writ petitioners as satisfied holding that at a relevant point of time, the

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CCC No. 978 of 2023 C/W CCC No. 979 of 2023 CCC No. 349 of 2024 AND 1 OTHER

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respondent Authorities have not made necessary arrangements to conduct training course to such of those employees who were appointed on probation to the post of Junior Training Officer and thus, there is a lapse on the part of the respondents in not providing training to the Junior Training Officers. The learned Single Judge also observed that since the writ petitioners have already earned sufficient amount of experience due to passage of time, whether the petitioners are still required to undergo training or could it be relaxed is a matter to be examined by the respondent Authorities. Accordingly, liberty was reserved to the respondent Authorities to conduct training within a period of six months from the date of the order. If such training is completed, the same shall be taken into consideration for the purpose of declaring the probation of the writ petitioners retrospectively.

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4. The order passed by the learned Single Judge was called in question before the Co-ordinate Bench of this Court in Writ Appeals referred to supra. While confirming

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CCC No. 978 of 2023 C/W CCC No. 979 of 2023 CCC No. 349 of 2024 AND 1 OTHER

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the order passed by the writ Court, it was observed by the

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Co-ordinate Branch at paragraph No.13 and 14 as under:

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“13. We, therefore, hold that the respondent No.4 is entitled to the pay scale and other allowances / emoluments and benefits that were granted to similarly placed Junior Training Officer, who was appointed along with the respondent No.4 or who was appointed during the same period.

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14. It is needless to mention that if the appellants/official respondents desire to conduct a training for the respondent No.4, they are at liberty to do so within a period of six months from the date of receipt of certified copy of this order. If no such training is conducted within the time mentioned above, then the appellants/official respondents shall do whatever that is required to restore the pay scale/allowances/emoluments of respondent No.4 as mentioned above and pay all arrears within a period of nine months from the date of receipt of certified copy of this order. The respondent No.4 is at liberty to furnish a certified copy of this order to the appellants/official respondents herein.”

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5. The order passed by the learned Single Judge,

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so also the Co-ordinate Bench of this Court were called in

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question by the Management before the Hon’ble Apex Court in Special Leave to Appeal (C) Nos.1112711130/2022. The said petitions have been dismissed

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CCC No. 978 of 2023 C/W CCC No. 979 of 2023 CCC No. 349 of 2024 AND 1 OTHER

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summarily on 14.07.2022. Thereafter, the Management/accused herein have filed Review Petition No.715/2022 before the Co-ordinate Bench. The said review petition was also dismissed.

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6. Complaining that the directions in the writ

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petition, so also in the writ appeals are not complied with, the complainants have preferred these contempt petitions.

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7. Notices having been ordered in these petitions, the accused has entered appearance and filed a memo on 05.03.2024 undertaking to comply the directions. Taking note of the said submission, the contempt proceedings was dropped. The complainants had filed applications for revival of the contempt proceedings. During the pendency of the applications, the accused had filed an affidavit on 27.03.2024 pleading inability to obey the directions of this Court on the ground of financial difficulties.

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CCC No. 978 of 2023 C/W CCC No. 979 of 2023 CCC No. 349 of 2024 AND 1 OTHER

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8. The said affidavit has been withdrawn on

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07.03.2025. Thereafter, one more affidavit was filed on 05.04.2025. Paragraph No.15 of the said affidavit reads as under:

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“15. I most respectfully submit that, the compliance of the said order is subject to the approval of the board as the Institute does not have the financial powers to disperse the amount as claimed by the complainant. That the term of the previous Board members has also lapsed, and the new Board is yet to be constituted. The representation submitted by the institution to the Karnataka State Board of Wakf for due compliance of the order passed by this Hon'ble Court in W.P.No.54858/2014 and W.A.No.121/2021 is herewith produced and marked as Annexure-R3.”

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9. The complainant has filed affidavit on

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25.06.2025 responding to the affidavit filed on behalf of

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the accused contending that the accused is misleading this Court in showing the details of one bank account. On the contrary, the accused/respondents have ten different bank accounts. On the ground of non-availability of the funds, the accused cannot escape from complying with the directions, therefore, contempt proceeding has to be proceeded further.

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CCC No. 978 of 2023 C/W CCC No. 979 of 2023 CCC No. 349 of 2024 AND 1 OTHER

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10. Applications for revival were allowed and the

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contempt petitions were restored on 26.06.2025.

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11. The complainants had filed another affidavit dated 19.08.2025 virtually reiterating the contents of the earlier affidavit and have furnished the calculation of the entitlement of the complainants, which is calculated from 01.07.1999 to 01.07.2025 and sought for rejection of the affidavits filed by the accused and to proceed further in the matter.

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12. It is thereafter, on 29.10.2025, the accused have filed common affidavit in all the cases producing the letter corresponding between the accused and the Chief Executive Officer, Karnataka State Board of Auqaf and also producing the copy of the proceedings of the Karnataka State Board of Auqaf dated 25.06.2025, whereby the accused were directed to issue account payee demand drafts in favour of the complainants, which is as follows:

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14 - CCC No. 978 of 2023 C/W CCC No. 979 of 2023 CCC No. 349 of 2024 AND 1 OTHER

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(a). Mrs. Rahila Banu, -Rs.4,52,654-00/- (upto 31.05.2025)

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(b). Mrs. Farzana -Rs.4,52,654-00/- (upto 31.05.2025) (c). Mr. Nazeer Ahamed -Rs.4,52,654-00/- (upto 31.05.2025) (d). Mr. Zaheer Ahamed -Rs.3,70,310-00/- (upto 31.05.2025)

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13. Along with the said affidavit, the comparative

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statements of the salary paid to the similarly situated Junior Training Officers have been furnished and it is the submission of the accused that the same formula has been taken into consideration for grant of benefits to the complainants in terms of the direction of the Co-ordinate Bench of this Court.

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14. This Court by order dated 30.10.2025 has observed that the Court is not satisfied with the compliance report and the accused were directed to take appropriate steps to see that the directions of the learned Single Judge and the Division Bench are complied with.

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15. Accused Nos.3 and 4 have filed objection dated 12.02.2026 to the affidavit dated 29.10.2025 contending that the demand drafts for the amounts payable to the

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CCC No. 978 of 2023 C/W CCC No. 979 of 2023 CCC No. 349 of 2024 AND 1 OTHER

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complainants as directed by the Karnataka State Board of Wakf has been prepared and placed along with the compliance report and further contending that the contempt jurisdiction of this Court is limited to examine as to whether there is wilful disobedience and not to adjudicate fresh monetary disputes. Accordingly, prayed for rejection of the affidavits filed by the complainants, to accept the compliance affidavit dated 29.10.2025 and drop the contempt proceedings. Along with the said objections,

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the detailed calculation of entitlement of each of the complainants in terms of the order passed in the writ appeal is furnished.

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16. Pursuant to the order dated 30.10.2025, accused Nos.3 and 4 have filed better affidavit on 27.02.2026 furnishing the details of calculation of entitlement of the complainants in terms of the Government orders and the provisions of KCSR and the details of pay fixation of the complainants. In the said affidavit, the entitlement of each of the complainants on

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CCC No. 978 of 2023 C/W CCC No. 979 of 2023 CCC No. 349 of 2024 AND 1 OTHER

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par with the similarly situated Junior Training Officers appointed along with the complainants with equal qualification have been furnished and tabular statement of the entitlement of the complainants has also been furnished.

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17. On 15.04.2026, the memo was filed on behalf of the accused producing the copies of the demand draft drawn in the name of the complainants for the amounts, which is shown in the documents enclosed to the affidavit dated 27.02.2026. Even to the compliance affidavit dated 27.02.2026, the complainants have filed objections on 10.07.2026 contending that the calculations and the amount, for which, the demand drafts are drawn is not proper and correct and the accused are continuing the disobedience of the orders of this Court. In the objection to the compliance affidavit, the complainants have not shown as to how the calculations made by the accused and the demand drafts obtained are in contravention of the direction of this Court except stating as follows.

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17 - CCC No. 978 of 2023 C/W CCC No. 979 of 2023 CCC No. 349 of 2024 AND 1 OTHER

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“I only submit that the say of the respondent/complainant that similarly placed JTOs etc., refers to the JTOs or employees as mentioned in AnnexuresJ and K. This has been deliberately not followed by the respondents/accused.”

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18. We have heard the learned counsel for the complainants in each of the cases and learned counsel for accused and perused all the affidavits and the objections filed by each of the parties.

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19. As narrated supra, the direction against the accused/ respondents was to grant pay scale and other allowances/emoluments and benefits that were granted to similarly placed Junior Training Officers who are appointed along with the complainants or who are appointed during the same period.

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20. The series of compliance affidavits filed earlier do not constitute the compliance of the directions of this Court, however, the compliance affidavit dated 29.10.2025 read with the compliance affidavit dated 26.02.2026 and the documents enclosed to the said affidavit demonstrates

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CCC No. 978 of 2023 C/W CCC No. 979 of 2023 CCC No. 349 of 2024 AND 1 OTHER

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that the accused have calculated the emoluments, pay scale etc., as stated above on par with the similarly placed Junior Training Officers who are appointed along with the complainants or during the same period. The fact that the Karnataka State Board of Auqaf has passed an order pursuant to the proposal sent by the accused for release of the amounts and consequently, the accused have drawn the demand drafts for the amounts payable to the complainants, demonstrates that there is an attempt made to comply the direction of this Court. Therefore, we find that it is not a case of wilful disobedience of the directions of this Court in order to continue the present contempt proceedings.

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21. We have noticed that the directions of the Coordinate Bench of this Court is dated 12.07.2021. The SLP filed against the said judgment came to be dismissed on 15.07.2022 and the review petition filed after the disposal of the SLP was also dismissed on 11.08.2023. Therefore, the entitlement of the complainants upon restoration of

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CCC No. 978 of 2023 C/W CCC No. 979 of 2023 CCC No. 349 of 2024 AND 1 OTHER

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pay scale/allowances/emoluments were required to be

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paid within nine months from the date of receipt of the certified copy of the order passed in W.A.No.121/2021 and connected matters. However, even according to the accused, the demand drafts have been drawn only in the month of March, 2026. Therefore, because of the delay in compliance with the direction of this Court, the complainants were deprived of enjoyment of their monetary benefits, therefore, we are of the opinion that the complainants would be entitled for the interest at the rate of 9% per annum from the date of expiry of nine months from 12.07.2021 till the actual date of payment to each of the complainants. One other aspect which needs to be noticed is that the Accused had filed a memo on 05.03.2023 stating that the direction in the Writ Appeal would be complied with, however, the said undertaking was not adhered to which resulted in Complainants seeking revival of the proceedings. On this score also the accused are liable to pay interest to the complainants.

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CCC No. 978 of 2023 C/W CCC No. 979 of 2023 CCC No. 349 of 2024 AND 1 OTHER

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22. We make it clear that the accused shall pay the amount calculated in terms of the affidavit dated 26.02.2026/27.02.2026 within 15 days from the date of receipt of the copy of this order along with the interest for the period as stated supra. It is open for the complainants to raise a claim with regard to the calculation and payment

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of their entitlement in a separate proceedings, if so advised and in the manner known to law. Since, such disputed facts cannot be adjudicated upon in exercise of powers under the Contempt of Courts Act.

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23. In the result,

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(i) All the contempt petitions are disposed of.

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(ii) Accused shall pay the amount calculated in

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terms of the affidavit dated

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26.02.2026/27.02.2026 within 15 days from the

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date of receipt of the copy of this order along with the interest @ 9% per annum from the date of expiry of nine months from 12.07.2021

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CCC No. 978 of 2023 C/W CCC No. 979 of 2023 CCC No. 349 of 2024 AND 1 OTHER

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till the actual date of payment to each of the complainants

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(iii) The notice of contempt issued to the accused in

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each of the contempt petitions is discharged.

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Sd/(ANU SIVARAMAN) JUDGE

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Sd/(T.P.VIVEKANANDA) JUDGE

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PB

Smt Farzana v. Sri.M.K. Muhammed Shafi Saadi

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Smt Farzana v. Sri.M.K. Muhammed Shafi Saadi

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