SHRUTI PATIL vs THE DIRECTOR GENERAL,

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WP No. 15207 of 2026
CNR: KAHC010321462026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 28 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV
WRIT PETITION NO. 15207 OF 2026 (S-RES)
BETWEEN:
1. SHRUTI PATIL
W/O.KASHINATHA,
AGED ABOUT 30 YEARS,
PRESENTLY WORKING AT,
GOVERNMENT PRIMARY SCHOOL,
ALUR VILLAGE,
VIJAYAPURA DISTRICT-586 129
RESIDENTIAL ADDRESSES,
SHIVAPURA VILLAGE,
NANDARGI POST, INDI TALUK,
VIJAYAPURA DISTRICT-586 112
2. SUSHILKUMAR KAMBAR,
S/O.MALLAPPA,
AGED ABOUT 35 YEARS,
PRESENTLY WORKING AT,
GOVERNMENT KANNADA HIGHER
PRIMARY AND UPGRADED
RMSA SECONDARY SCHOOL,
TEVARATTI VILLAGE, CHIKKODI TALUK,
BELAGAVI DISTRICT-591 232
Digitally
signed by
VIDYA G R
Location:
HIGH
COURT OF
KARNATAKA
RESIDENTIAL ADDRESSES,
DEVARA HIPPARGI VILLAGE,
SREE CHOWDAMMA TEMPLE NEAR,
SINDGI TALUK,

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BIJAPUR DISTRICT 586 115
3.
MAHANTAYYA MALLAYYA MATHAPATI,
S/O.MALLYYA MATHAPATI,
AGED ABOUT 31 YEARS,
PRESENTLY WORKING AT,
GOVERNMENT HIGHER
PRIMARY SCHOOL, DADNATTI,
BAGALKOT DISTRICT-587122
RESIDENTIAL ADDRESSES,
SALAPUR VILLAGE,
BELGAUM DISTRICT-591123
…PETITIONERS
(BY SRI. PRASANNA KUMAR. P., ADVOCATE)
AND:
1. THE DIRECTOR GENERAL,
PRISONS AND CORRECTIONAL SERVICE
DEPARTMENT,
DEPARTMENT NO.04, SHESHADRI ROAD,
GANDHINAGAR, BANGALORE - 560 020
2. THE CHIEF SUPERINTENDENT,
CENTRAL PRISONS,
PARAPPANNA AGRAHARA,
BANGALORE-560 068
3. THE DEPUTY DIRECTOR,
DEPARTMENT OF PRIMARY EDUCATION,
DEPARTMENT OF PUBLIC INSTRUCTION,
ALUR, VIJAYAPURA DISTRICT- 586129
4. THE DEPUTY DIRECTOR,
DEPARTMENT OF PRIMARY EDUCATION,

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DEPARTMENT OF PUBLIC INSTRUCTION,
CHIKKODI TALUK,
VIJAYAPURA DISTRICT- 591 201
5. THE DEPUTY DIRECTOR,
DEPARTMENT OF PRIMARY EDUCATION,
DEPARTMENT OF PUBLIC INSTRUCTION,
VIJAYAPURA DISTRICT,
VIJAYAPURA 591 201
…RESPONDENTS
(BY SMT. ASHVINI PATIL, AGA)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO-QUASH THE
ENDORSEMENT DATED 28.08.2025 IN NO.EST2/CR-17/2025
HEREIN MARKED AS ANNEXURE-R AND CONSIDER THE
REPRESENTATION DATED 25.08.2025 MARKED AS ANNEXURE-
E PERTAINING TO THE PETITIONER NO.1. ENDORSEMENT
DATED 28.08.2025 IN NO.EST2/CR-20/2025 HEREIN MARKED
AS ANNEXURE-S AND CONSIDER THE REPRESENTATION
DATED 04.06.2025 MARKED AS ANNEXURE-K PERTAINING TO
THE PETITIONER NO.2 AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV
ORAL ORDER
The petitioners had joined the services of the Central
Prisons. The petitioners had taken part in the recruitment
process to join posts relating to the Education
Department. They subsequently applied for No Objection

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Certificate (NOC) from their Employer i.e., the State, while
being employed under Central Prisons in order to take up
the posts for which they were selected as teachers in the
Government institutions. At the time of grant of NOC by
the Prisons Department, the Prison Department insisted on
the petitioners to pay the expenditure incurred on the
petitioners, during the period of training which has been
paid by the petitioners. Subsequently, the petitioners had
made representations for refund of the amounts which
they had paid. The said representations of the petitioners
seeking refund came to be rejected by virtue of
endorsements at Annexures-R, S and T.
2. At the time of hearing of the matter, the
counsel for the petitioners has placed reliance on the order
in W.P. No.107187/2025 and submits that the present writ
petition may be allowed and direction be made to
respondent No.1 to refund the amount in taking note of
the directions passed in W.P.No.107187/2025.

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3. Learned Government Advocate has filed a
statement of objections.
4. The only stand by the learned Government
Advocate is that the Government had incurred expenditure
for the training of the employees and accordingly the
petitioners having joined a subsequent employer, though
Government, have not made use of the training that was
imparted to them and accordingly the actual loss ought to
be reimbursed. However, insofar as the findings recorded
in W.P.No.107187/2025 as well as the order in
W.P.No.3801/2022, the Government Advocate is unable to
controvert that the present facts are also covered by the
said orders.
5. In W.P.No.107187/2025, the Co-ordinate Bench
in an identical factual matrix had directed the employer to
refund the sum deposited by the petitioners therein which
was paid as being expenditure incurred during training as
well as the salary and allowances during such period.

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6. The learned Single Judge has made certain
observations in W.P.No.107187/2025, which are extracted
below for the purpose of reference and the relevant
observations at para No.2 till end, reads as follows:
2. The learned counsel appearing for the petitioner
submits that the petitioner is similarly placed to that
of the respondents in Writ Petition No.3801 of 2022
disposed of on 19.09.2022. The State had preferred
the said writ petition against the order of the
Karnataka State Administrative Tribunal, which had
allowed the case of the respondents therein. The
same reads as under:
"Heard the learned High Court Government
Pleader appearing on behalf of the
petitioners.
2. The petitioners are the Addl. Director
General and Inspector General of Prisons,
Chief Superintendent, Central Prisons,
Mysuru, and the Superintendent, Taluka
Sub-Jail, K. R. Nagara, Mysuru District. The
respondents are the applicant and the
Managing Director of BMTC respectively.
3. The facts in a nutshell are that
respondent No.1 was appointed as a Lady
Warder by petitioner No.2 herein and was
given posting. Petitioner No.2 thereafter by
order dated 11.07.2012 directed the
applicant to report with petitioner No.3.

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That thereafter 22.01.2013, the applicant
was deputed for fundamental training and
in accordance with Rule 76 (8) of the
Karnataka Civil Services Rules (KCSRS), the
period spent on training would be treated as
duty. After completion of training, the
applicant has reported back to petitioner
No.3.
4. That thereafter there was an invitation by
respondent No.2 herein inviting the
applications for the post of Assistant Traffic
Inspector and the applicant obtained NOC
from the competent authority and applied
for the said post. Thereafter, respondent
No.1/applicant was successful 4 and her
name came to be included in the select list.
Accordingly, the applicant submitted her
resignation and thereafter, is said to have
proceeded to training with respondent No.2
herein. Upon receipt of the resignation,
petitioner No.2 by notice dated 03.12.2014
directed the applicant to remit a sum of
Rs.1,45,778/-being the sum equivalent to
the sum paid by way of salary during the
period of training and that the payment was
made a precondition for accepting the
resignation. Aggrieved, respondent
No.1/applicant approached the Tribunal.
5. The Tribunal after examining the matter
concluded that the matter was squarely
covered by an earlier decision rendered by
it in the case of Swamy S. K. vs. The Addl.
Director General & Inspector General of
Prisons and Anr. (A.No.3246/2012, DD
24.06.2013), wherein the Tribunal has
recorded in paragraph No.6 of the Swamy
S.K. judgment as under:-

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6. There is no dispute that the applicant
who was working as a Warder in the Prisons
department since 1.1.2008 applied for the
post of Excise Guard after obtaining no
objection certificate from the first
respondent vide Annexure-A3 dated
18.8.2009. However, vide OM dated
17.9.2010 at Annexure-A4 the applicant
was deputed for training and the applicant
completed the training that was held from
1.10.2010 to 30.6.2011. We also find that
satisfactory declaration of probationary
period in relation to the applicant has also
been made as per Annexure-A1 dated
2.11.2010. The applicant had to undergo
foundation training from 1.10.2010 since he
was deputed to such training by the first
respondent who had earlier issued no
objection certificate to the applicant to
apply for the post of Excise Guard. On his
selection and appointment to the post of
Excise Guard, the applicant requested his
official superior to relieve him and since the
first respondent refused to relieve the
applicant on the ground of shortage of
Warders in the Prisons department, the
applicant submitted his resignation to the
post of Warder. As rightly contended on
behalf of the applicant as per Rule 76(8) of
KCSRs., a government servant deputed to
undergo a course of instructions or training
authorized by or under the orders of the
competent authority has to be treated as on
duty. In this case, the first respondent had
deputed the applicant for training and the
fact that the training period is treated as
duty is specifically mentioned in the OM
dated 17.9.2010 (Annexure- A4) by which
the applicant was deputed for training.
When the applicant is on duty, there cannot

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be any dispute that he is entitled to pay and
allowances for the said period. In the said
circumstance, the action taken by the first
respondent to recover the said sum when
the applicant who was left with no other
option but to tender resignation to the post
of Warder on his selection and appointment
to the post of Excise Guard is not justified.
In this connection, on behalf of the
respondents it is contended that as per the
terms and conditions of the training
approved by the Government on 19.9.2010
in the Government letter No. HD 93 PRE 96,
the applicant is liable to repay the pay and
allowances drawn by him during the
training period along with Rs.2,000/- in the
event of not completing the minimum
service of five years after such training. In
this regard, our attention is drawn to the
manual relating to the training of Warders
and Head Warders and it is contended that
as per the terms and conditions mentioned
therein, the applicant is liable to repay the
pay and allowances along with Rs.2,000/-
to the Government. Firstly, we may note
that any condition in the manual cannot go
contrary to Rule 76(8) of KCSRs., as per
which the period of training has to be
treated as duty. Secondly, we find that
there is no undertaking given by the
applicant to repay the salary and allowances
received by him during the training period.
We find that as per the OM dated 17.9.2010
issued by the first respondent, the official
superior of the applicant ought to have
obtained an undertaking from the applicant
to abide by the terms and conditions
mentioned in the training manual as
mentioned in the said OM. It is not the case
of the first respondent that any such letter

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of undertaking was obtained from the
applicant. On the other hand, from the
letter dated 28.5.2013 addressed to the
first respondent from the Principal of the
training college and the letter dated
28.5.2013 sent by the Superintendent of
Sub-Jail, K.R. Nagar to the first respondent,
copies of which are produced by the learned
Additional Government Advocate along with
the memo dated 10.6.2013 before this
Tribunal, it can be said that no such letter
of undertaking was obtained from the
applicant binding him to repay the salary
and allowances received by him during the
training period. In the absence of any
undertaking obtained from the applicant,
the first respondent cannot direct recovery
of the pay and allowances paid to the
applicant."
6. Reliance was also placed on another ruling of the
Tribunal in the case of Mallikarjun N. Biradar vs. The
Addl. Director General & Inspector General of
Prisons & Anr. (A.No.8135/2014, DD 20.01.2016).
The matter being squarely covered by the
observations therein, the Tribunal deemed it fit to
allow the case of the applicant also. Aggrieved, the
Department is before this Court.
7. We have perused the reasoning assigned by the
Tribunal while disposing of earlier applications which
are extracted in paragraph No.12 of the impugned
order. The Tribunal has held that official
respondents/petitioners herein are bound by the
rigor of Rule 76(8) of the KCSR which specifically
states that the period spent during training is to be
treated as period spent on duty.
8. That apart, we see that in the instant case, the
petitioners have also given their NOC thereby

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enabling the applicant to apply to the post of
Assistant Traffic Inspector. Having given their NOC
and allowed the applicant to strive and work hard
for success in her endeavor, the petitioners 9 could
not have made a u-turn. It is not the case of the
petitioners that the NOC was a is the learned High
Court conditional NOC Government Pleader able to
point out any provisions which enables them to
impose any such condition while granting NOC.
What is even more abrasive is the fact that the
respondent No.2 is none other than a wing of the
Government.
9. It is not the case of the petitioners that they have
incurred any specific amounts for imparting training.
In that view of the matter, we do not find any
justification for the writ petition.
10. It is also pertinent to note that two applications
allowed by the Tribunal circumstances referred to in
the impugned order have apparently become final
and petitioners are the very same parties in the said
applications also. Despite being aware of the settled
position, the instant writ petition is preferred.
Hence, the writ petition is dismissed with cost of Rs.
10,000/- to be deposited into the Chief Minister's
Relief Fund within a period of eight weeks.
The writ petition is ordered accordingly."
3. The learned counsel for the petitioner submits
that the petitioner is similarly placed, which is not
disputed by the learned HCGP.
4. In the light of the issue standing answered by the
Division Bench, as quoted supra, the petition
deserves to succeed. Accordingly, the following:

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ORDER
(i) The writ petition is allowed.
(ii) The impugned endorsement dated 09.05.2025
2018 / 2020 issued by bearing No.EST2 / CR
respondent No.1 is hereby set aside.
(iii) Mandamus issues to the respondent Nos. 1 and
2 to consider representations the dated 30.06.2025
and 21.03.2025 and to refund the sum deposited by
the petitioner towards training salary and
allowances in accordance with law within a period of
12 weeks from the date of receipt of copy of this
order.
7. It is noticed that the observations of the
Tribunal have been upheld by the order passed in
W.P.No.3801/2022, which is referred to in the order
passed in W.P.No.107187/2025 extracted above.
8. It is not in dispute that there was no
undertaking taken from the petitioners regarding
reimbursement of salary, allowances and expenditures
that may be incurred and paid to them in the event they
leave the employment. It is also a part of the record that
permission was given to them to take up fresh

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employment in the Education Department, which factual
aspect is also not controverted.
9. It is further asserted that the petitioners have
joined the education institutions managed the Government
by taking permission with benefit in terms of Section
252(b) of the KCSR. Accordingly, taking note of the order
of the Co-ordinate Bench referred to above, the petitioners
are also entitled for a similar relief.
10. Accordingly, the following:
ORDER
i. The Writ Petition is allowed .
ii. The endorsements at Annexures-R, S and
T are set aside.
iii. Respondent No.2 is directed to refund the
amount paid by the petitioners at the time
of NOC being given and such amount to be
refunded within a period of 12 weeks from
the date of receipt of copy of this order.

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Accordingly, the writ petition is disposed of .
Sd/-
(S SUNIL DUTT YADAV)
JUDGE
SKS