Full Judgment Text
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 24 DAY OF FEBRUARY, 2026
PRESENT
THE HON'BLE MRS. JUSTICE ANU SIVARAMAN
AND
THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
WRIT APPEAL NO.471 OF 2024 (S-RES)
C/W
CIVIL CONTEMPT PETITION NO.465 OF 2024
CIVIL CONTEMPT PETITION NO.477 OF 2024
CIVIL CONTEMPT PETITION NO.478 OF 2024
CIVIL CONTEMPT PETITION NO.484 OF 2024
WRIT APPEAL NO.508 OF 2024 (S-RES)
WRIT APPEAL NO.512 OF 2024 (S-RES)
WRIT APPEAL NO.513 OF 2024 (S-RES)
WRIT APPEAL NO.520 OF 2024 (S-RES)
IN WA NO.471/2024:
BETWEEN:
1 . UNION OF INDIA
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF SCHOOL EDUCATION
AND LITERACY,
MINISTRY OF HUMAN RESOURCE DEVELOPMENT,
GOVERNMENT OF INDIA,
SHASTRI BHAVAN,
NEW DELHI-110 001.
2 . THE JOINT SECRETARY
AND DIRECTOR GENERAL
DEPARTMENT OF SCHOOL EDUCATION AND LITERACY,
2
MINISTRY OF HUMAN RESOURCE DEVELOPMENT,
GOVERNMENT OF INDIA,
SHASTRI BHAVAN,
NEW DELHI-110 001.
...APPELLANTS
(BY SRI. RAJASHEKAR S., CGC)
AND:
1 . R. H. SUKANYA
W/O T. M. MANJUNATH
AGED ABOUT 54 YEARS
DIRECTOR
2 . H. JAYAMMA
W/O JAYARAMA
AGED ABOUT 58 YEARS
ASSISTANT PROGRAMME OFFICE
BENGALURU-560 023.
3 . N. BALASUBRAMANYA
S/O NARAYANASWAMY
AGED ABOUT 57 YEARS
ACCOUNTS CLERK.
4 . ASWATHAIAH
S/O ALKKANNA
AGED ABOUT 60 YEARS
LOWER DIVISION CLERK.
3
5 . G. MANJUNATH
S/O GOWDAPPA B. K.
AGED ABOUT 48 YEARS
DRIVER.
6 . T. M. MANJUNATH
S/O MALLAIAH
AGED ABOUT 55 YEARS
CHOWKIDAR-I
7 . K. H. ANANTHAIAH
S/O HANUMANTHAIAH
AGED ABOUT 62 YEARS
CHOWKIDAR -II
8 . S. ASADULLA KHAN
S/O SARWAR KHAN
AGED ABOUT 54 YEARS
CLASS IV STAFF.
9 . LOKESH V.
S/O VEERANNA
AGED ABOUT 57 YEARS
CLASS IV STAFF
10 . RAJESH B. P.
S/O BABU
AGED ABOUT 49 YEARS
SWEEPER
4
ALL ARE WORKING IN JAN SHIKSHAN SANSTHAN
(FORMERLY KNOWN AS SHRAMIK VIDYA PEETH)
OTI COMPOUND, OLD DC OFFICE,
TUMKUR-572 101.
11 . THE CHAIRMAN
JAN SHIKSHAN SANSTHAN
OTI COMPOUND,
OLD DC OFFICE,
TUMKURU-572 101.
...RESPONDENTS
(BY SMT. REVATHY ADINATHA NARDE, ADV., FOR R1;
R2 TO R11 ARE SERVED)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT, 1961, PRAYING TO SET ASIDE THE ORDER
DATED 29.09.2023 PASSED BY THE LEARNED SINGLE JUDGE OF
THIS COURT IN WP NO.22289/2016 (S-RES) BY ALLOWING THE
WRIT APPEAL WITH COSTS AND THERE BY DISMISS THE WRIT
PETITION AND GRANT SUCH OTHER AND FURTHER RELIEF'S.
IN CCC NO.465/2024:
BETWEEN:
SMT. CHANDRAKANTHA
W/O U. RAGHURAM
AGED 57 YEARS
LADY PROGRAMME OFFICER
5
JAN SHIKSHAN SANSTHAN (JSS) COMPLEX,
KANAKAPURA MAIN ROAD
TH
JAYANAGAR 8 BLOCK,
TH
38 CROSS
BANGALORE-560 070.
...COMPLAINANT
(BY SMT. REVATHY ADINATHA NARDE, ADV.)
AND:
1 . SHRI. SANJAY KUMAR
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF SCHOOL EDUCATION AND LITERACY
MINISTRY OF HUMAN RESOURCE DEVELOPMENT,
GOVERNMENT OF INDIA,
SHASTRI BHAVAN,
NEW DELHI-110 001.
2 . SHRI. SINGH BHATIA
THE JOINT SECRETARY & DIRECTOR GENERAL (NLMA)
DEPARTMENT OF SCHOOL EDUCATION AND LITERACY
MINISTRY OF HUMAN RESOURCE DEVELOPMENT,
GOVERNMENT OF INDIA,
SHASTRI BHAVAN
NEW DELHI-110 001.
3 . SHRI. M. B. DYABERI
CHAIRPERSON
JAN SHIKSHAN SANSTHAN (JSS) COMPLEX
6
KANAKAPURA MAIN ROAD
TH
JAYANAGAR 8 BLOCK,
TH
38 CROSS,
BANGALORE-560 070.
4 . SMT. D. M. SHASHIKALA
THE DIRECTOR
JAN SHIKSHAN SANSTHAN (JSS) COMPLEX
KANAKAPURA MAIN ROAD
TH
JAYANAGAR 8 BLOCK,
TH
38 CROSS,
BANGALORE-560 070.
5 . SHRI. ATUL KUMAR TIWARI
MINISTRY OF SKILL
DEVELOPMENT AND ENTREPRENEURSHIP
REPRESENTED BY ITS SECRETARY
SHRAM SHAKTI BHAWAN
RAFI MARG
NEW DELHI-110 001.
ACCUSED
(BY SRI. RAJASHEKAR S., CGC FOR A1, A2 & A5;
SRI. K. ANANDA, ADV., FOR A3 & A4)
THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE
CONTEMPT OF COURT ACT, 1971, PRAYING TO INITIATES THE
CONTEMPT PROCEEDINGS FOR WILLFULLY DELIBERATELY
DISOBEYING THE ORDER OF THIS COURT IN WP NO.27379/2016
DATED 29.09.2023.
7
IN CCC NO.477/2024:
BETWEEN:
SMT. N. S. KUSUMADEVI
W/O DR. A. AJAY,
AGED ABOUT 65 YEARS,
PROGRAMME OFFICER,
JAN SHIKSHAN SANSTHAN (JSS)
(INSTITUTE OF PEOPLE'S EDUCATION)
MAHADEVAPURA ROAD,
UDAYAGIRI,
MYSURU-570 019.
...COMPLAINANT
(BY SMT. REVATHY ADINATHA NARDE, ADV.)
AND:
1 . SHRI. SANJAY KUMAR
SECRETARY,
DEPARTMENT OF SCHOOL EDUCATION
AND LITERACY,
MINISTRY OF HUMAN RESOURCE
DEVELOPMENT,
GOVERNMENT OF INDIA,
SHASTRI BHAVAN,
NEW DELHI-110 001.
2 . SHRI. SINGH BHATIA
THE JOINT SECRETARY AND
DIRECTOR GENERAL (NLMA),
8
DEPARTMENT OF SCHOOL EDUCATION
AND LITERACY,
MINISTRY OF HUMAN RESOURCE DEVELOPMENT,
GOVERNMENT OF INDIA,
SHASTRI BHAVAN,
NEW DELHI-110 001.
3 . SHRI. MANJUNATH
CHAIRMAN,
JAN SHIKSHAN SANSTHAN (JSS),
(INSTITUTE OF PEOPLE'S EDUCATION,)
MAHADEVAPURA ROAD,
UDAYAGIRI, MYSURU-570 019.
4 . SHRI. C. RAMESH
THE DIRECTOR,
JAN SHIKSHAN SANSTHAN (JSS),
(INSTITUTE OF PEOPLE'S EDUCATION),
MAHADEVAPURA ROAD,
UDAYAGIRI,
MYSURU-570 019.
...ACCUSED
(BY SRI. RAJASHEKAR S., CGC FOR A1 & A2;
SRI. K. ANANDA, ADV., FOR A3 & A4)
THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE
CONTEMPT OF COURTS ACT, PRAYING TO INITIATES THE
CONTEMPT PROCEEDINGS FOR WILLFULLY DELIBERATELY
DISOBEYING THE ORDER OF THIS COURT IN
W.P.NO.31292/2016 DATED 29.09.2023.
9
IN CCC NO.478/2024:
BETWEEN:
1 . R. H. SUKANYA
W/O T. M. MANJUNATH,
AGED ABOUT 48 YEARS,
DIRECTOR
2 . H. JAYAMMA
W/O JAYARAMA,
AGED ABOUT 52 YEARS,
ASSISTANT PROGRAMME OFFICER
3 . N. BALASUBRAMANYA
S/O NARAYANASWAMY,
AGED ABOUT 51 YEARS,
ACCOUNTS CLERK
4 . ASWATHAIAH
S/O LAKKANNA,
AGED ABOUT 54 YEARS,
LOWER DIVISION CLERK
5 . G. MANJUNATH
S/O GOWDAPPA B. K.
AGED ABOUT 42 YEARS,
DRIVER
6 . T. M. MANJUNATH
S/O MALLAIAH,
AGED ABOUT 49 YEARS,
10
CHOWKIDAR-I
7 . K. H. ANANTHAIAH
S/O HANUMANTHAIAH,
AGED ABOUT 55 YEARS,
CHOWKIDAR-II
8 . S. ASADULLA KHAN
S/O SARWAR KHAN,
AGED ABOUT 48 YEARS,
CLASS IV STAFF
9 . LOKESH V.
S/O VEERANNA,
AGED ABOUT 51 YEARS,
CLASS IV STAFF
10 . RAJESH B.P.
S/O BABU
AGED ABOUT 43 YEARS,
SWEEPER
ALL ARE WORKING IN JAN SHIKSHAN SANSTHAN,
(FORMERLY KNOWN AS SHRAMIK VIDYA PEETH)
DTI COMPOUND, OLD DC OFFICE,
TUMKUR-572 101.
...COMPLAINANTS
(BY SMT. REVATHY ADINATHA NARDE, ADV.)
AND:
1 . SHRI. SANJAY KUMAR
SECRETARY
11
DEPARTMENT OF SCHOOL EDUCATION AND LITERACY,
MINISTRY OF HUMAN RESOURCE DEVELOPMENT,
GOVERNMENT OF INDIA,
SHASTRI BHAVAN,
NEW DELHI-110 001.
2 . SHRI. SINGH BHATIA
THE JOINT SECRETARY AND DIRECTOR GENERAL (NLMA)
DEPARTMENT OF SCHOOL EDUCATION AND LITERACY,
MINISTRY OF HUMAN RESOURCE DEVELOPMENT,
GOVERNMENT OF INDIA,
SHASTRI BHAVAN,
NEW DELHI-110 001.
3 . DR. SHIVAKUMARAIAH
CHAIRPERSON,
JAN SHIKSHAN SANSTHAN (JSS),
TUMKUR,
SIDDAGANGA NURSING COLLEGE COMPOUND,
SREE SHIVAKUMARA SWAMIJI ROAD,
B.H. ROAD, TUMKUR-572 102.
4 . SHRI. ATUL KUMAR TIWARI
SECRETARY
MINISTRY OF SKILL,
DEVELOPMENT AND ENTREPRENEURSHIP
SHRAM SHAKTI BHAWAN,
RAFI MARG, NEW DELHI-110 001.
...ACCUSED
(BY SRI. RAJASHEKAR S., CGC FOR A1, A2 & A4;
SRI. K. ANANDA, ADV. FOR A3)
THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE
CONTEMPT OF COURT ACT, PRAYING TO INITIATES THE
CONTEMPT PROCEEDINGS FOR WILLFULLY DELIBERATELY
DISOBEYING THE ORDER OF THIS COURT IN
W.P.NO.22289/2016 DATED 29.09.2023.
12
IN CCC NO.484/2024:
BETWEEN:
SRI. S.R. SHIVANNA SETTY
HEAD CLERK (RETIRED)
JSS, BANGALORE
R/AT NO.54
MAGADI MAIN ROAD
NEAR SHEKAR MEDICALS
BENGALURU-560 023.
SINCE DEAD BY LRS
SMT. A.H. VASANTHA KUMARI
W/O LATE S.R. SHIVANNA SETTY
AGED 64 YEARS
R/AT NO.54,
TH
8 CROSS
NAVRANG TEXTILES
BENGALURU - 560 023.
...COMPLAINANT
(BY SMT. REVATHY ADINATHA NARDE, ADV.)
AND:
1 . SHRI. SANJAY KUMAR
SECRETARY
DEPARMTENT OF SCHOOL EDUCATION AND LITERACY
MINISTRY OF HUMAN RESOURCE DEVELOMENT
GOVERNMENT OF INDIA
SHASTRI BHAVAN
NEW DELHI-110 001.
2 . SHRI. SINGH BHATIA
THE JOINT SECRETARY AND DIRECTOR GENERAL (NLMA)
DEPARTMENT OF SCHOOL EDUCATION AND LITERACY
MINISTRY OF HUMAN RESOURCE DEVELOPMENT
GOVERNMENT OF INDIA
SHASTRI BHAVAN
NEW DELHI-110 001.
3 . SHRI. M. B. DYABERI
13
CHAIRMAN
JAN SHIKSHAN SANSTHAN (JSS) COMPLEX
KANAKAPURA MAIN ROAD
TH
JAYANAGAR 8 BLOCK
TH
38 CROSS
BENGALURU-560 070.
4 . SMT. D. M. SHASHIKALA
THE DIRECTOR
JAN SHIKSHAN SANSTHAN (JSS) COMPLEX
KANAKAPURA MAIN ROAD
TH
JAYANAGAR 8 BLOCK
TH
38 CROSS
BENGALURU-560 070.
...ACCUSED
(BY SRI. RAJASHEKAR S., CGC FOR A1 & A2;
SRI. K. ANANDA, ADV. FOR A3 & A4)
THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE
CONTEMPT OF COURT ACT, PRAYING TO INITIATES THE
CONTEMPT PROCEEDINGS FOR WILLFULLY AND DELIBERATELY
DISOBEYING THE ORDER OF THIS COURT IN
W.P.NO.27380/2016 DATED 29.09.2023.
IN WA NO.508/2024:
BETWEEN:
1 . UNION OF INDIA
REP. BY ITS SECRETARY,
DEPARTMENT OF SCHOOL EDUCATION AND LITERACY
MINISTRY OF HUMAN RESOURCE DEVELOPMENT
GOVERNMENT OF INDIA, SHASTRI BHAVAN
NEW DELHI-110 001.
2 . THE JOINT SECRETARY AND DIRECTOR GENERAL (NLMA)
DEPARTMENT OF SCHOOL EDUCATION AND LITERACY
MINISTRY OF HUMAN RESOURCE DEVELOPMENT
GOVERNMENT OF INDIA,
SHASTRI BHAVAN
14
NEW DELHI-110 001.
...APPELLANTS
(BY SRI. RAJASHEKAR S., CGC)
AND:
1 .
SRI. S. R. SHIVANA SETTY
S/O LATE RANGA SETTY,
SINCE DEAD BY LR,
A. H. VASANTHA KUMARI
W/O S.R. SHIVANNA SETTY,
AGED ABOUT MAJOR,
R/AT NO.54,
MAGADI MAIN ROAD
NEAR SHEKHAR MEDICALS
BENGALURU-560 023.
2 . CHAIRMAN
JAN SHIKSHAN SANSTHAN (JSS) COMPLEX,
KANAKAPURA MAIN ROAD,
JAYANAGAR
TH
8 BLOCK
TH
38 CROSS,
BENGALURU-560 070.
3 . THE DIRECTOR
JAN SHIKSHAN SANSTHAN (JSS) COMPLEX,
KANAKAPURA MAIN ROAD,
JAYANAGAR
TH
8 BLOCK,
TH
38 CROSS,
BENGALURU-560 070.
...RESPONDENTS
(BY SMT. REVATHY ADINATHA NARDE, ADV., FOR R1;
SRI. K.ANANDA, ADV., FOR R2 & R3)
15
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT, 1961, PRAYING TO SET ASIDE THE ORDER
DATED 29.09.2023 PASSED BY THE LEARNED SINGLE JUDGE OF
THIS COURT IN WP NO.27380/2016 (S-RES) BY ALLOWING THE
WRIT APPEAL WITH COSTS AND THERE BY DISMISS THE WRIT
PETITION AND ETC.
IN WA NO.512/2024:
BETWEEN:
1 . UNION OF INDIA
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF SCHOOL EDUCATION AND LITERACY,
MINISTRY OF HUMAN RESOURCE DEVELOPMENT,
GOVERNMENT OF INDIA,
SHASTRI BHAVN
NEW DELHI-110 001.
2 . THE JOINT SECRETARY AND DIRECTOR GENERAL (NLMA)
DEPARTMENT OF SCHOOL EDUCATION AND LITERACY,
MINISTRY OF HUMAN RESOURCE DEVELOPMENT,
GOVERNMENT OF INDIA,
SHASTRI BHAVN
NEW DELHI-110 001.
3 . MINISTRY OF SKILL DEVELOPMENT AND
ENTREPRENEURSHIP
REPRESENTED BY ITS SECRETARY,
SHRAM SHAKTHI BHAWAN
RAFI MARG
NEW DELHI-110 001.
...APPELLANTS
(BY SRI. RAJASHEKAR S., CGC.)
16
AND:
1 . SMT. CHANDRAKANTHA
W/O U. RAGHURAM
AGED ABOUT 72 YEARS,
LADY PROGRAMME OFFICER,
JAN SHIKSHAN SANSTHAN (JSS)
COMPLEX, KANAKAPURA MAIN ROAD,
TH
JAYANAGARA 8 BLOCK,
TH
38 CROSS,
BENGALURU-560 070.
2 . CHAIRMAN
JAN SHIKSHAN SANSTAN (JSS) COMPLEX
KANAKAPURA MAIN ROAD
TH
JAYANAGARA 8 BLOCK
TH
38 CROSS,
BENGALURU-560 070.
3 . THE DIRECTOR
JAN SHIKSHAN SANSTAN (JSS) COMPLEX
KANAKAPURA MAIN ROAD
TH
JAYANAGARA 8 BLOCK
TH
38 CROSS,
BENGALURU-560 070.
...RESPONDENTS
(BY SMT. REVATHY ADINATHA NARDE, ADV., FOR R1;
SRI. K. ANANDA, ADV., FOR R2 & R3)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE
THE ORDER DATED 29.09.2023 PASSED BY THE LEARNED
SINGLE JUDGE OF THIS COURT IN WRIT PETITION NO. 27379 OF
2016 (S-RES) BY ALLOWING THE WRIT APPEAL GRANT SUCH
OTHER AND FURTHER RELIEFS AND ETC.
17
IN WA 513/2024:
BETWEEN:
THE GOVERNMENT OF INDIA
SECRETARY TO THE MINISTRY OF
HUMAN RESOURCE DEVELOPMENT
SHASTRI BHAVAN
NEW DELHI-110 001.
...APPELLANT
(BY SRI. RAJASHEKAR S., CGC)
AND:
1 . SRI. M. GURUMURTHY
S/O LATE MUNIVENKATAPPA
AGED ABOUT 67 YEARS,
R/AT NO.32, JHUMBOSAVARI DINNE
J. P. NAGAR,
TH
8 PHASE,
BEHIND SAMUDA BHAVAN
BENGALURU-560 078.
2 . M. RAMACHANDRAIAH
S/O LATE MAHESHRAIAH
AGED ABOUT 65 YEARS
RD
R/O NO.24, 3 E MAIN
TH
5 CROSS,
R. R. LAYOUT,
BENGALURU-560 056.
3 . THE STATE OF KARNATAKA
ADULT EDUCATION DEPARTMENT
REPRESENTED BY ITS SECRETARY II
M. S. BUILDING,
DR. B.R AMBEDKAR VEEDHI,
BENGALURU-560 001.
4 . THE DIRECTOR
SHRAMIK VIDYA PEETH
CORPORATION NURSERY SCHOOL BUILDING,
BEHIND BANGALORE MEDICAL COLLEGE,
18
F STREET,
KALASIPALYAM
BENGALURU-560 002.
5 . THE CHAIRMAN/SECRETARY
J.S.S. JAN SHIKSHAN SANSTHA,
J.S.S. INSTITUTION,
TH
38 CROSS, KANAKPURA ROAD,
TH
JAYANAGAR 8 BLOCK,
BENGALURU-560 082.
...RESPONDENTS
(BY SRI. VINAYA KUMAR N. D., ADV., FOR R1;
SMT. PRAMODHINI KISHAN, AGA FOR R3;
SRI. K. ANANDA, ADV., FOR R4 & R5)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE
THE ORDER DATED 29.09.2023 PASSED BY THE LEARNED
SINGLE JUDGE OF THIS COURT IN WP NO.59783/2015 (S-RES)
BY ALLOWING THE WRIT APPEAL WITH COSTS AND THERE BY
DISMISS THE WRIT PETITION AND GRANT SUCH OTHER AND
FURTHER RELIEFS.
IN WA NO.520/2024:
BETWEEN:
1 . UNION OF INDIA
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF SCHOOL EDUCATION AND LITERACY
MINISTRY OF HUMAN RESOURCE DEVELOPMENT
GOVERNMENT OF INDIA,
SHASTRI BHAVAN, NEW DELHI-110 001.
19
2 . THE JOINT SECRETARY AND
DIRECTOR GENERAL (NLMA)
DEPARTMENT OF SCHOOL EDUCATION AND LITERACY
MINISTRY OF HUMAN RESOURCE DEVELOPMENT
GOVERNMENT OF INDIA ,
SHASTRI BHAVAN
NEW DELHI-110 001.
...APPELLANTS
(BY SRI. RAJASHEKAR S., CGC)
AND:
1 . SMT. N.S. KUSUMADEVI
W/O DR. A. AJAY
AGED ABOUT 68 YEARS,
PROGRAMME OFFICER
JAN SHIKSHAN SANSTHAN (JSS)
(INSTITUTE OF PEOPLE'S EDUCATION)
MAHADEVAPURA ROAD,
UDAYAGIRI, MYSURU-570 019.
2 . CHAIRMAN
JAN SHIKSHAN SANSTHAN (JSS)
(INSTITUTE OF PEOPLE'S EDUCATION)
MAHADEVAPURA ROAD,
UDAYAGIRI, MYSURU-570 019.
3. THE DIRECTOR
JAN SHIKSHAN SANSTHAN
(INSTITUTE OF PEOPLE'S EDUCATION)
20
MAHADEVAPURA ROAD,
UDAYAGIRI,
MYSURU-570 019.
...RESPONDENTS
(BY SMT. REVATHY ADINATHA NARDE, ADV., FOR R1;
SRI. K. ANANDA, ADV. FOR R2 & R3)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT, 1961, PRAYING TO SET ASIDE THE ORDER
DATED 29.09.2023 PASSED BY THE LEARNED SINGLE JUDGE OF
THIS COURT IN WRIT PETITION NO.31292 OF 2016 (S-RES) BY
ALLOWING THE WRIT APPEAL AND THERE BY DISMISS THE WRIT
PETITION AND GRANT SUCH OTHER AND FURTHER RELIEF'S AND
ETC.
THESE WRIT APPEALS AND CIVIL CONTEMPT PETITIONS
HAVING BEEN HEARD AND RESERVED FOR JUDGMENT ON
10.02.2026 AND COMING ON FOR PRONOUNCEMENT OF
JUDGMENT THIS DAY, ANU SIVARAMAN J., PRONOUNCED THE
FOLLOWING:
CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN
AND
HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
21
CAV JUDGMENT
(PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN)
These Writ Appeals are preferred against the common
order dated 29.09.2023 passed by the learned Single Judge
in Writ Petitions No.27379/2016 (S-RES) c/w. 59783/2015
(S-RES), 22289/2016 (S-RES), 27380/2016 (S-R) and
31292/2016 (S-RES) and the Contempt of Court Cases are
filed alleging disobedience of the same orders.
2. We have heard Shri. Rajashekar. S, learned
Central Government Counsel appearing for Union of India.
Smt. Revathy Adinatha Narde, learned counsel
appearing for the private respondents/complainants. Shri.
Vinaya Kumar N.D, learned counsel appearing for the private
respondent in Writ Appeal No.513/2024.
Smt. Pramodhini Kishan, learned Additional
Government Advocate appearing for the State and Shri. K.
Ananda, learned counsel appearing for Jan Shikshan
Sansthans and respondent No.4 (Shramik Vidyapeeths) in
Writ Appeal No.513/2024.
22
3. It is contended by the learned Central
Government Counsel appearing for the appellants/Union of
India that the appellants have no quarrel with the
proposition that the regular employees of the Shramik
Vidyapeeths ('SVPs' for short) are entitled to scales of pay at
par with Central Government employees in comparable
posts. It is submitted that the proposition that since all
th
Central Pay Commission ('CPC' for short) benefits till the 4
CPC had been made available to them, the benefits of the
th th th
5 , 6 and 7 CPCs have also to be extended to regular
employees of the SVPs is not disputed. However, it is
submitted that the Union of India has filed the appeal only
as against the finding rendered by the learned Single Judge
that the Union of India is, in essence, the principal employer
of all employees of the SVPs and that the Union of India is
responsible to pay the employees who had been appointed
pursuant to the Scheme floated through the SVPs. It is
submitted that the Jan Shikshan Sansthans ('JSS' for short)
and the SVPs were set up as part of a Scheme formulated by
the Union of India. The specific terms and conditions, on
23
which the Scheme was to operate, have been specifically
provided by the Government and undergo revisions from
time to time.
4. It is contended that those of the writ petitioners
who had been appointed directly to administrative posts on
a scale of pay as per Annexure - A Scheme, which was in
existence till the year 1997 would be entitled to the scale of
pay and benefits at par with Government employees holding
comparable posts. However, it is contended that an
Annexure-R6 produced along with the Statement of
Objections filed by the Union of India would clearly show
that the Scheme had been amended comprehensively in the
year 1995. These guidelines provide for pay scales and
allowances in the suggestive pattern as those prevailed in
the Central Government. However, each SVPs has the option
to adopt the Central Government scales of pay and
allowances or those applicable in the State Governments
concerned or those applicable for employees of the
Autonomous Boards.
24
5. It is contended that a perusal of Annexure - A
Scheme itself would show that the SVPs were set up by the
Ministry of Education and Culture as independent bodies
under a separate Board of Management and were to be
governed in accordance with the approved pattern
prescribed in the guidelines. The SVPs were required to
adopt only central pay scales and allowances. Annexure - A,
communication is dated 22.06.1984. However, it is
contended that by Annexure - R6 produced along with the
Statement of Objections filed by the Union of India, the
Scheme was completely changed. It is submitted that the
guidelines were revised and the annual grants in respect of
the SVPs were fixed taking note of the year in which they
were set up. Clause 5 of Annexure - R6 specifically provided
that the SVPs shall engage staff only on lump-sum
emoluments basis and the past practice of engaging staff on
regular scales of pay will be discontinued. However, it was
provided that the SVPs may grant scales of pay to core
group of employees, provided, the scale shall not be more
than the scales of pay of Government of India for
25
comparable posts. It is therefore submitted that the
employees of the SVPs were not the Government employees
and the scales of pay, if any, granted to some of the
employees under Annexure - A Scheme cannot enure to the
benefit of all employees of the SVPs, some of whom are
appointed on lump-sum pay basis. It is therefore contended
that the finding of the learned Single Judge, that the Union
of India is deemed to be the principal employer of the
employees of SVPs is, completely unwarranted and is
opposed to the factual situation as is evident from the
materials on record.
6. The learned counsel for the private respondents
on the other hand, contends, that the respondents are
persons appointed to administrative posts directly under the
JSS and were appointed on a scale of pay basis itself as is
evident from Annexure-B. It is contended that all the
respondents were appointed before the revised guidelines
came into force and against specified scales of pay and had
th
been granted the benefit of pay revisions till the 4 CPC. It
is submitted that there is absolutely no justification for
26
th
denying the benefit of the 5 CPC onwards to the writ
petitioners who are held entitled to the benefit of the scales
of pay as applicable to the Central Government employees.
7. The learned counsel appearing for JSS submits
that the SVPs are functioning under a Scheme formulated by
the Central Government and have no funds other than those
allotted by the Government. It is submitted that SVPs are
functioning as provided under the revised guidelines
formulated by the Government and that the pay and
allowances can be released only as approved by the Central
Government under the Scheme.
8. We have considered the contentions advanced. It
is clear that Annexure - A was the Scheme under which the
writ petitioners were appointed. Annexure - B, which is an
appointment Order issued in respect of one of the writ
petitioners (Ms.R.H.Sukanya) would show that the
appointment was made on 24.09.1994 as Programme
Officer in the specific scale of pay of Rs.2200-75-2800-EB-
100-4000 plus allowances. The appointment was temporary
and subject to conditions to be prescribed by the Ministry of
27
Human Resource Development, Department of Education,
Government of India. It was also provided that the
employee will be on probation for a period of two years. The
appointment Order is issued by the Director of the SVPs. It
is therefore clear that the appointments are regular
appointments made by the SVPs to administrative posts in a
scale of pay. It is also clear that the benefits of the
th
successive pay revisions including the 4 CPC were
extended to the writ petitioners.
9. Annexure - A, Scheme admittedly provided for
appointment of employees under Central Government scales
of pay. The writ petitioners are persons employed on such
scales of pay. Annexure - R6 are the guidelines for the
revised financial pattern of SVPs, which was issued on
19.01.1995. Clause 5 of Annexure - R6 reads as follows:-
"5. SVP will be expected to engage staff only on
lump-sum emoluments basis and the past practice of
engaging staff on regular scales of pay will have to be
discontinued. However, having regard to the need to
have a core group of staff by engaging competent and
experienced personnel, the SVP, if it so wishes, may
give scales of pay to their employees but in no case the
scales of pay, if sanctioned by the SVP, be more than
28
the scales of pay of Government of India for comparable
posts. The underlying principle being that regular staff
should be kept to the minimum and as far as possible,
supportive academic and administrative personnel
should be engaged on short-term contract basis on
consolidated salary."
It is therefore clear that permission had been granted by the
Government under the Scheme to the SVPs to appoint
employees on a scale of pay basis, provided, the scales did
not exceed the Central Government scales of pay for
comparable posts.
10. As no appeal is preferred by the Director and
since the appeal preferred by the Union of India is limited to
the question of the status of the employees of the SVPs, we
are of the opinion that the entitlement of the writ
petitioners, who were appointed against the administrative
posts on a scale of pay to the benefits of the successive
CPCs cannot be denied to them. However, we also notice
that the appointments are those made by the SVPs and the
fact that they have been appointed on a scale of pay as
permitted at the relevant time by the conditions of the
Scheme and the Guidelines cannot be a reason to hold that
29
they are employees of the Central Government either
directly or otherwise. The result of the foregoing discussion
is that the writ petitioners who were appointed to
administrative posts under the SVPs will be entitled to pay
revisions at par with Central Government employees as has
been done in the past. However, we are of the opinion that
the finding of the learned Single Judge that the employees
of the SVPs are to be treated as Central Government
employees and that the Union Government is to be treated
as their principal employer is not supported by the terms of
the Schemes or the Guidelines, which are on record.
11. In the above view of the matter, the finding
recorded by the learned Single Judge that Union of India
was in essence the principal employer of the employees of
the SVPs, is set aside. However, we notice that since the
writ petitioners were employees engaged on a scale of pay,
they would be entitled to the benefits as extended to
similarly placed Central Government employees holding
comparable posts dehors the annual grant limits made to
the SVPs. The Union Government shall extend necessary
30
grant so as to permit the grant of the successive pay
revisions to the private respondents herein, who were
specifically appointed as permitted by the Central
Government in administrative posts and on specific scales of
pay.
12. In the result:-
(i) The appeals are allowed only to the
limited extent of vacating the finding
that the Union of India is the principal
employer of the employees of the SVPs.
(ii) The directions issued by the learned
Single Judge to grant the benefits of the
th th
5 and 6 CPCs to the writ petitioners is
upheld.
(iii) The amounts due to the writ petitioners
shall be calculated and disbursed within a
period of two months from the date of
receipt of a copy of this judgment.
(iv) It is made clear that Grants necessary for
making the payments shall be advanced
by the appellants so as to enable the
Director to make such payments.
31
(v) The Contempt of Court Cases are closed
with liberty to reopen the matters if the
payments are not made as directed
above.
All pending interlocutory applications in all the matters
shall stand disposed of.
Sd/-
(ANU SIVARAMAN)
JUDGE
Sd/-
(VIJAYKUMAR A. PATIL)
JUDGE
cp*