SRI. SHEERSHAIL S/O BHAGAPPA KADANI vs THE STATE OF KARNATAKA AND ORS

Court
Karnataka High Court

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IN THE HIGH COURT OF KARNATAKA


KALABURAGI BENCH

TH
DATED THIS THE 9 DAY OF OCTOBER, 2026

PRESENT

THE HON'BLE MR. JUSTICE ASHOK S. KINAGI

AND

THE HON'BLE MR. JUSTICE SUBRAMANYA RANGARAO

WRIT PETITION NO.205292 OF 2019 (S-KAT)


BETWEEN:

SRI. SHEERSHAIL S/O BHAPPA KADANI,
AGE: 49 YEARS, OCC: AGRICULTURE,
R/O. BLOCK EDUCATION OFFICER,
PWD QUARTERS, NEAR SUB REGISTRAR OFFICE,
TQ. CHITTAPUR, DIST. KALABURAGI-585 101.

…PETITIONER

(BY SRI. BASAVARAJ M. POLICE PATIL, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY,
DEPT. OF EDUCATION
(PRIMARY & SECONDARY),
M.S. BUILDING,
BANGALORE-560 001.

2. THE COMMISSIONER FOR
PUBLIC INSTRUCTIONS,
KALABURAGI DISTRICT,
KALABURAGI-585 101.









Digitally
signed by
SHIVALEELA
D UDAGI
Location:
HIGH COURT
OF
KARNATAKA

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3. THE DEPUTY DIRECTOR OF PUBLIC
INSTRUCTIONS, KALABURAGI DISTRICT,
KALABURAGI-585 101.

4. THE BLOCK EDUCATION OFFICER,
CHITTAPUR-584 127.
…RESPONDENTS

(BY SRI. VEERANAGOUDA MALIPATIL, AGA FOR R1 TO R4)


THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
1) THE WRIT OF CERTIORARI TO QUASH/SET A SIDE THE
ORDER AND JUDGMENT PASSED BY KARNATAKA STATE
ADMINISTRATIVE Tribunal AT BENGALURU IN APPLICATION
NO.11011/2016 DATED 20-08-2019, THAT IS ANNEXURE-C.
2) WRIT OF MANDAMUS DIRECTING THE RESPONDENT NO.3
AND 4 TO MAKE AVAILABLE THE DOCUMENT WHICH SHOWS
THAT PETITIONER AVAILED THE 84 DAYS EL BY
RD TH
PARTICIPATING IN 3 STAGE AND 7 STAGE OF “CHINNARA
ANGALA”. 3) TO DIRECT THE ABOVE SAID RESPONDENTS TO
CONSIDER PETITIONER APPLICATION PENDING BEFORE THE
SAME AND RELEASE THE AMOUNT OF 84 DAYS EL.

THIS PETITION, COMING ON FOR ORDERS HEARING,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE ASHOK S. KINAGI
and
HON'BLE MR. JUSTICE SUBRAMANYA RANGARAO

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ORAL ORDER
(PER: HON'BLE MR. JUSTICE ASHOK S. KINAGI)

This petition is filed by the petitioner challenging the
order dated 20.08.2019 passed in Application No.11011/2016
by the Karnataka State Administrative Tribunal, Bangalore, vide
Annexure-C.


2. Brief facts giving rise to filing of this petition are as
under:

The petitioner was working as Assistant Teacher in
Government Higher Primary School at Chittapur in 2003 and
rd
was contacted 3 stage Chinnara Angala during the summer
vacation period with an intention to bring the dropout children
to the schools. For that Education Department granted 20 days
earned leave to the petitioner, which was entered in his service
th
book. The petitioner participated in the 7 phase from
15.04.2006 to 17.06.2006 of Chinnara Angala and he is entitled
rd
for 62 days EL and 3 stage he has earned 22 days EL
respectively. As per the compliance report, the petitioner availed
all 84 days EL, but 84 days amounts to the disputed by the

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petitioner. On the compliance report, the petitioner contended
that, he has earned 84 days EL in that scheme.


3. Respondent Nos.3 and 4 denied the expenditure in
that scheme. The petitioner approached Tribunal in Application
No.770/2016. The Tribunal, vide order dated 28.01.2016
disposed of the application and directed the respondent Nos.3
and 4 to consider the representation submitted by the petitioner
in accordance with the rules and Government Order on subject
within a period of 3 months from the date of receipt of copy of
this order.


4. The petitioner has submitted a representation vide
Annexure-A8 dated 29.02.2016 to comply the directions issued
by the Tribunal. Despite the representation submitted, the
respondents did not comply with the directions issued by the
Tribunal. The petitioner filed the contempt application before the
Tribunal in contempt proceedings No.334/2016. Respondent
Nos.3 and 4 submitted a compliance report dated 26.03.2016 as
per Annexure-A10.

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5. The petitioner aggrieved by the order dated
26.03.2016, approached the Tribunal in Application
No.11011/2016. The Tribunal vide order dated 20.08.2019
dismissed the application solely on the ground that the
proceedings have attended finality. Hence, this writ petition.


6. Heard the learned counsel for the petitioner and
learned Additional Government Advocate for respondents.


7. Learned counsel for the petitioner submitted that
the Tribunal has issued a direction to respondent Nos.3 and 4 to
consider the representation submitted by the petitioner in
accordance with the Rules and Government Order on subject
within a period of 3 months. The respondent Nos.3 and 4 did not
comply with the directions issued by the Tribunal. He submits
that they have not complied and the petitioner filed contempt
application and filed compliance report stating that the
respondent Nos.3 and 4 complied the directions issued by the
Tribunal. He submitted that the Tribunal while passing the
impugned order has recorded its finding that the proceedings
have reached finality. The said observation made by the

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Tribunal is arbitrary and is in contrary to the records. Hence, on
these grounds, he prays to allow the writ petition.
Per contra
8. , learned Additional Government
Advocate supported the impugned and prays to dismiss the
petition.


9. Perused the records and considered the
submissions of the learned counsel for the parties.


10. It is the case of the petitioner that, the petitioner
was working as Asst. Teacher in Govt. Higher Primary School,
Chittapur and he has conducted 3 stage Chinnara Angala and he
had earned leave of 84 days EL and as per the scheme he is
entitled for 84 days EL, but respondent Nos.3 and 4 denied the
expenditure in that scheme. The petitioner has submitted a
representation to respondent Nos.3 and 4. The respondent
Nos.3 and 4 did not consider the set of representation submitted
by the petitioner. The petitioner aggrieved by the inaction on
the part of respondent Nos.3 and 4 in not considering the set of
representations, approached the Tribunal, in Application
No.770/2016. The Tribunal vide order dated 28.01.2016

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disposed of the application and directing the respondent Nos.3
and 4 to consider the representation submitted by the petitioner
in accordance with the Rules and Government Order on subject
within a period of 3 months from the date of receipt of copy of
the order.


11. After the disposal of the said application, the
petitioner has submitted a representation to respondent Nos.3
and 4 on 29.02.2016. Despite submitting the representation,
respondent Nos.3 and 4 did not comply the directions issued by
the Tribunal. The petitioner was constrained to file contempt
application in No.334/2016 for willful disobedience. In the said
contempt application the respondent Nos.3 and 4 appeared and
filed a compliance report as per Annexure-A10, wherein,
respondent Nos.3 and 4 have declined to consider the
representation. The petitioner aggrieved by the order dated
26.03.2016 approached the Tribunal in Application
No.11011/2016. The Tribunal has dismissed the application
solely on the ground that once the proceedings have reached
the finality, the petitioner has no right to approach this Tribunal
once again on the same cause of function. The Tribunal has

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failed to consider that in the earlier round of litigation the
petitioner has filed an application to consider the set of
representations and the petitioner has not challenged the order
dated 26.03.2016.


12. Admittedly there was no such order passed by the
respondent Nos.3 and 4 prior to order dated 26.03.2016. The
Tribunal without looking into the records has observed that once
the proceedings have reached the finality, the applicant has no
right to approach this Tribunal once again on the same cause of
action. The cause of action in the earlier application and the
cause of action in the present application are different. The
order passed by the Tribunal is arbitrary and contrary to the
records. Hence, the impugned order passed by the Tribunal is
liable to be set aside.


13. In view of the above discussion, we proceed to pass
the following:
ORDER
allowed
(i) The Writ Petition is .

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(ii) The impugned order dated 20.08.2019 passed in
Application No. 11011/2016 is set aside. The
Application No.11011/2016 is resorted to its original
file.

(iii) The Karnataka State Administrative Tribunal,
Bengaluru is directed to reconsider the case afresh
and pass appropriate orders in accordance with law.

(iv) It is made clear that this Court has not made any
adjudication on merits in issue.

(v) All the contentions of the parties are kept open.

(vi) The parties are directed to appear before the
Karnataka State Administrative Tribunal on
17.11.2026
.


Sd/-
(ASHOK S. KINAGI)
JUDGE



Sd/-
(SUBRAMANYA RANGARAO)
JUDGE
SDU
LIST NO.: 2 SL NO.: 2