IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF NOVEMBER 2019 PRESENT THE HON’BLE MR. JUSTICE ARAVIND KUMAR AND THE HON’BLE MR. JUSTICE SURAJ GOVINDARAJ C.C.C. Nos.1066-1068/2019 (CIVIL) BETWEEN:
1 . SRI. K.R. PRABHAKAR S/O K.M. RACHAPPA AGED ABOUT 61 YEARS RETD ASSOCIATE PROFESSOR ECONOMICS DVS COLLEGE OF ARTS and SCIENCE SHIVAMOGGA DISTRICT, SHIVAMOGA RESDIING AT SHRIVEERABHADRASWAMY 1ST LEFT, DOLLARS COLONY, SHIVAMOGGA.
2 . SRI. KALANNA HUCHAPPA S/O K. HALAPPA AGED ABOUT 62 YEARS RETD ASSOCATE PROFESSOR DVS COLLEGE OF ARTS & SCIENCE SHIVAMOGGA DISTRICT, SHIVAMOGGA RESIDNG AT MANASA, NO.2 INDIRAGANDHI LAYOUT VINOBHANAGAR, SHIVAMOGGA.
3 . SRI. M. HANUMANTHAPPA S/O BASAPPA M AGED ABOUT 62 YEARS RETD ASSOCIATE PROFESSOR DVS COLLEGE OF ARTS & SCIENCE SHIVAMOGGA DISTRICT, SHIVAMOGA RESDIING AT 238 "SRI MARUTHI NILAYA”
2ND MAIN ROAD, ASHRAFFNAGARA SHIVAMOGGA – 57704.
... COMPLAINANTS (BY SRI. R. PADMANABHA, ADVOCATE) AND:
1 . SRI. ANILKUMAR PRINCIPAL SECRETAWRY TO GOVERNMENT DEPARTMENT OF HIGER EDUCATION, M.S. BUILDING DR. AMBEDKAR VEEDHI BENGALURU - 560 001.
2 . SMT. MANJULA COMMISSIONER DEPARTMENT OF COLLEGIATED EDUCATION, PALACE ROAD BENGALORE - 560 001.
3 . SRI. MALLESHALPPA DIRECTOR DEPARTMENT OF COLLEGIATE EDUCATION, PALACE ROAD BANGALORE - 560 001.
4 . SRI. PRASAD REGIONAL JOINT DIRECTOR DEPARTMENT OF COLLEGIATE EDUCATION, SHIVAMOGGA DIVISION SHIVAMOGGA – 577 201.
5 . SRI. NARESH ACCOUNTANT GENERAL (A&E) IN KARNATAKA PARK HOUSE, PALACE ROAD BANGALORE – 560 001.
... ACCUSED (BY SRI. V. SREENIDHI, AGA FOR A-1 TO A-4;
V/C/O DATED:05.11.2019 A-5 IS DELETED) THESE CCC’S ARE FILED UNDER SECTION 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971 R/W ARTICLE 215 OF THE CONSTITUTION OF INDIA PRAYING TO INITIATE CONTEMPT PROCEEDINGS AGAINST ALL THE ACCUSED FOR DELIBERATE AND INTERNATIONAL DIS- OBEDIENCE OF THE ORDER OF THIS HON’BLE COURT MADE IN W.P.NO30654-657/2015 AS PER ANNEXURE-A DATED:21.09.2015 AND PUNISH THE ACCUSED IN ACCORDANCE WITH LAW BY ALLOWING THIS CONTEMPT PETITION WITH EXEMPLARY COSTS AND TO PASS APPROPRIATE SUITABLE ORDERS.
THESE CCC’s COMING ON FOR ORDERS THIS DAY, ARAVIND KUMAR J, MADE THE FOLLOWING:
O R D E R
This contempt proceedings has been initiated against respondents alleging there has been willful disobedience of direction issued by this Court on 21.09.2015 in W.P.Nos.30654-657/2015 whereunder State was directed to pay the pension as was existing prior to impugned enactment, which has been struck down by the ultravires direction.
2. Sri.V.Sreenidha, learned AGA appearing for State has made available copy of the order dated 25/26.11.2019, which relates to first complainant whereunder pension of first complainant has been revised and determined. On instructions from Sri.S.Malleswarappa, Director-Department of Collegiate Education, Bangalore (third respondent herein), learned AGA would hasten to add that insofar as complainant Nos.2 and 3 are concerned, steps have already taken to pass similar orders and same would be issued in their favour within an outer limit of two (2) weeks from today. His submission and undertaking is placed on record.
3. In view of submission made by learned AGA, contempt proceedings are dropped reserving liberty to the complainants to challenge the revised fixation of pension order, the copy of which has been filed today, if so advised. However, it is made clear that in that event of undertaking given to Court that orders would be passed in respect of complainant Nos.2 and 3 within an outer limit of two (2) weeks is not complied, complainant Nos.2 and 3 would be at liberty to revive this contempt proceedings.
I.A.No.1/2019 stands consigned to records.
SD/- JUDGE SD/- JUDGE DR