IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 02ND DAY OF JANUARY 2019 PRESENT THE HON’BLE MR. JUSTICE L. NARAYANA SWAMY AND THE HON’BLE MR. JUSTICE ASHOK G. NIJAGANNAVAR CCC NO.377 OF 2016 (CIVIL) & CCC Nos.378 TO 409 OF 2016 BETWEEN:
1. PROF J.L. PADMANABHA S/O LOKAIAH GOWDA J AGED ABOUT 66 YEARS RETD. PRINCIPAL IST CROSS, IST MAIN RAJENDRA NAGAR SHIMOGA – 577 202 (K N M COLLEGE FOR WOMEN, SHIMOGA) 2. DR. C S NANJUNDAIAH S/O. C S SUBBARAO, 66 YEARS, 43, ACHCHODA, 5TH CROSS, BASAVANAGUDI, SHIMOGA – 577 201.
(D.V.S. COLLEGE OF ARTS AND SCIENCE, SHIMOGA) 3. DELETED VIDE COURT ORDER DATED 06/09/16 4. SRI. N S BAPAT S/O. SRI. S.B. BAPAT, AGED 65 YEARS, KRAPAVANA, E-131, 4TH MAIN, 4TH CROSS, GOPALE GOWDA NAGAR, SHIMOGA - 577205.
(DVS COLLEGE OF ARTS AND SCIENCE, SHIMOGA) 5. DELETED VIDE COURT ORDER DATED:06/09/16 6. PROF D SATHYANARAYANA S/O LATE S.Y DURGAPPA AGED ABOUT 64 YEARS RETD. PRINCIPAL SHARAVATHI FIRST GRADE COLLEGE NO.116, SWATHI LBS NAGARA SHIMOGA – 577 204 (SHARAVATHI FIRST GRADE COLLEGE, KONANDUR, SHIMOGA DISTRICT) 7. DELETED VIDE COURT ORDER DATED:06/09/16 8. DELETED VIDE COURT ORDER DATED:06/09/16 9. DELETED VIDE COURT ORDER DATED:06/09/16 10. DELETED VIDE COURT ORDER DATED:06/09/16 11. DELETED VIDE COURT ORDER DATED:06/09/16 12. SRI V.SHIVARUDRAPPA S/O VEERABHADRAPPA AGED ABOUT 62 YEARS SONDE KOLA, CHITRADURGA TALUK AND DISTRICT (B PARAMESHWARAPPA ARTS AND COMMERCE COLLEGE, HOLALKERE, CHITRADURGA DISTRICT) 13. SRI.ANANTHARAMA S/O SHANKARANARAYANA ADIGA AGED 62 YEARS ACHARYA TULSI NATIONAL COLLEGE OF COMMERCE, SHIMOGA (A T N COMMERCE COLLEGE SHIMOGA) 14. SRI B M HOSUR S/O LATE M B HOSUR AGED 62 YEARS SINCE DECEASED REPRESENTED BY HIS LRS (DELETED VIDE COURT ORDER DATED 06/09/16) 14(A) SMT. PARVATHI W/O LATE SRI. B.M. HOSUR 55 YEARS 14(B) MAMATHA B. HOSUR D/O LATE B.M. HOSUR 33 YEARS.
BOTH ARE RESIDING AT TULASI,DVS COLONY NAVILE, SHIVAMOGGA - 577 204.
15. PROF H A ABDUL REHAMAN S/O RAHAMATHULLA, ASSOCIATE PROFESSOR AHIYANA OPP. RAMAKRISHNA HIGH SCHOOL GOPALA EXTENSION, SHIMOGA (D V S COLLEGE OF ARTS AND SCIENCE, SHIMOGA) 16. SRI.M.H.CHANDRAPPA S/O B.HANUMANTHAPPA, 61 YEARS, 131, I MAIN, II STAGE, II BLOCK, VINOBHANAGAR, SHIMOGA (D.V.S. COLLEGE OF ARTS AND SCIENCE, SHIMOGA) 17. DR.MAHESH ANAND GOUDAR S/O ANAND DEVAYYA GOUDAR, 61 YEARS, 17/3, VEERABHADRESHWARA NILAYA, I CROSS, II B PARALLEL ROAD, GANDHI NAGARA, SHIMGOA-577 201 (D.V.S. COLLEGE OF ARTS AND SCIENCE, SHIMOGA) 18. DR.K.SRIKANTA 67 YEARS, NO.12, TAKSHASHILA, JAIL ROAD, III CROSS, SHIMOGA-577 201 (JNANA SAHYADRI, KUVEMPU UNIVERSITY, SHANKARAGHATTA, SHIMOGA DISTRICT 19. DR.T.N.SANKARANARAYANA 67 YEARS, S/O T.S.NANJUND PRATIBHA, I CROSS, ARB COLONY, ASHOKANAGAR, SHIMOGA-577 205 (JNANA SAHYADRI, KUVEMPU UNIVERSITY, SHANKARAGHATTA, SHIMOGA DISTRICT) 20. DR.V.P.VAIDYA S/O PANDURANG VAIDYA 65 YEARS, ASHWINI, II CROSS, VIDYANAGAR, SHIMOGA-577 203 (JNANA SAHYADRI, KUVEMPU UNIVERSITY, SHANKARAGHATTA, SHIMOGA DISTRICT) 21. SRI.B.J.KUMBAR S/O D.JAKKAPPA, 64 YEARS, PRAGATI, MALAPUR ROAD, DHARWAD-580808 (GOVT FIRST GRADE COLLEGE, RAMNAGARA) 22. SRI.S.R.GANGADHARAPPA S/O H.S.RUDRAPPA, 63 YEARS, 1355, OPP. KARNATAKA BANK, SAULANG ROAD, SHIMOGA (ACHARYA TULSI NATIONAL COLLEGE OF COMMERCE, SHIMOGA DISTRICT.) 23. GOUDAPPANOUR SHIVRAJ S/O NOORANDAPPA, 19-1-330, BHAOVANI COLONY, SHIVANAGAR SOUTH, BIDAR-585 401 PRESENTLY RESIDING IN 486, PARINITH NILAYA, I FLOOR, 10F CROSS, RAJAJINAGAR 6TH BLOCK, BENGALURU-560 010 (KARNATAKA ARTS, SCIENCE AND COMMERCE COLLEGE, BIDAR) 24. DR.SUVARNALATHA KESHAVA 66 YEARS, W/O KESHAVA KINI, 201, SAI NIKETHAN APARTMENT, III CROSS, GANDHINAGAR, MANGALORE -575003 (CANARA COLLEGE, MANGALORE) 25. SRI.P.G.PRAKASH 65 YEARS, S/O LATE P.R.GANAPAIAH, NO.237, SRI. SIGANDOORESHWARIE 12TH CROSS, I PHASE BEML 7TH STAGE, MYLASANDRA,R.V. COLLEGE POST, BANGALORE – 560 059 (KALPATRU FIRST GRADE SCIENCE COLLEGE, TIPTUR) 26. SRI.P.C.CHANDRASHEKHARA 65 YEARS, S/O CHANNEGOWDA, NO.1366/5, PUSHPAGIRI NILAYA, SHADAKSHAR MUTT EXTN, TIPTUR – 572 202 (KALPATRU FIRST GRADE SCIENCE COLLEGE, TIPTUR) 27. SRI.V.G.CHANDRASHEKHAR 64 YEARS, S/O V.A.GIRIYAPPA HEGDE, GIRISHORI, MIG 12, I STAGE, II CROSS, KHB COLONY, GOPALA EXTN, SHIMOGA – 577 201 (DVS COLLEGE OF ARTS AND SCIENCE, SHIMOGA) 28. DR.GOPALAKRISHNA N BHAT 63 YEARS, W/O SMT.JAYALAXMI BHAT, BHRAMARI, 1/17/122 1ST MAIN, IST CROSS, LANDLINKS TOWNSHIP, GIRINAGAR, MANGALROE – 575 008 (CANARA COLLEGE, MANGALORE) 29. SRI.BOREGOWDA 63 YEARS, S/O LATE G.T.CHANNAPPA, RETD. PRINCIPAL, NO.292/3, III MAIN ROAD, NEAR BANGALORE NURSING HOME VINAYAKANAGAR, TIPTUR – 572 201 (PALLAGATTI ADAVAPPA ARTS AND COMMERCE FIRST GRADE COLLEGE, TIPTUR) 30. SMT. INDIRA T W/O P.GOPALAKRISHNA BHAT, 61 YEARS, CHANDAN KAMADHENU APARTMENTS, BAGAVATHINAGAR 2ND MAIN ROAD, KODIYAL GUTHU WEST, MANGALORE – 575 003 (CANARA COLLEGE, MANGALORE) 31. SRI.M.SATISH BHAT 61 YEARS, RETD. PRINCIPAL, CANARA COLLEGE, SITE NO.48, MANGALA NAGAR, NEAR MANGALADEVI TEMPLE, MANGALORE – 575 001 (CANARA COLLEGE, MANGALORE) 32. SRI.H.MANOHAR SHETTY, 61 YEARS, S/O SHEENAPPA SHETTY, PRIYADARSHINI, HOIGEBAILU, 1-29-2413/3, ASHOKNAGAR, MANGALORE - 6 (CANARA COLLEGE, MANGALORE) 33. DR.NAGABHUSHANA 61 YEARS, S/O LATE KARIMANNE SIDDAPPA, SHREYAS, 10TH A CROSS, SOMESHWARAM, TUMKUR, KARNATAKA – 572 101 (SRI.SIDDAGANGA COLLEGE OF ARTS SCIENCE AND COMMERCE FOR WOMEN, TUMKUR) ...COMPLAINANTS (BY SRI PADMANABHA KEDILAYA V. ADV.) AND:
1. SRI. BHARAT LAL MEENA PRINCIPAL SECRETARY TO GOVERNMENT OF KARNATAKA (HIGHER EDUCATION) EDUCATION DEPARTMENT, M.S. BUILDING, AMBEDKAR VEEDHI, BANGALORE – 560 001 2. SRI. I S N PRASAD STATE OF KARNATAKA, BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT, VIDHANA SOUDHA, AMBEDKAR VEEDHI, BANGALORE 560 001 3. DELETED VIDE COURT ORDER DATED:06/09/16 4. PROF. V S PRAKASH JOINT DIRECTOR, SHIMOGA DIVISION, EDUCATION DEPARTMENT, SHIMOGA 5. PROF. J. SOMASHEKAR, REGISTRAR, KUVEMPU UNIVERSITY, SHIMOGA – 577 451 ...ACCUSED (BY SRI.N.SRIDHAR HEGDE, HCGP) THESE CCC ARE FILED UNDER SECTION 11 AND 12 OF THE CONTEMPT OF COURTS ACT, PRAYING TO INITIATE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED FOR HAVING INDEFINITELY DISOBEYED AND FOR NON COMPLIANCE OF THE DIRECTION ISSUED BY THIS HON'BLE COURT IN IA 6/2015 ON 7.10.2015 IN WP.56573-56594/2014 (WP.23198/2015+27902-
27909/2015 (DD 3/11/2015).
THESE CONTEMPT CASES COMING ON FOR ORDERS, THIS DAY, NARAYANA SWAMY J., MADE THE FOLLOWING:
O R D E R These contempt cases has been filed against non- compliance of the order dated 07th October, 2015 passed by this Court on IA VI of 2015 in Writ Petition Nos.56573 – 56594 of 2014 and connected petitions wherein direction was issued to the respondent-Government to pay the arrears of salary from 01st June 2006 till the date of retirement.
2. The accused has filed counter statement and submitted that the order passed by this Court has been complied with and in order to substantiate the same, Annexure-R1 has been produced furnishing the details of payments made to 33 petitioners.
3. The learned counsel appearing for the contempt petitioner files rejoinder and submits that the Ph.D allowance has not been included in the payment made as per the direction given.
4. We have heard the learned counsel for the parties and gone through the counter-statement and also the rejoinder. We find that direction issued to the Government was to pay arrears of salary from 01st June 2006 till the date of retirement, and except that there is no any other direction. As regards the submission of the learned counsel for the complainants that Ph.D allowance are not included in the payment made, we hold that there is no such direction to pay Ph.D. allowance in the order.
However, if the complainants are aggrieved, liberty is reserved to them to challenge the same independently.
Observing thus, these contempt proceeding are liable to be dropped, and are accordingly dropped.
Sd/- JUDGE Sd/- JUDGE lnn