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2019 DIGILAW 144 (KAR)

Manchaiah, S/o. Doddapapaiah v. N. Krishna Murthy

2019-01-10

ASHOK G.NIJAGANNAVAR, L.NARAYANA SWAMY

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ORDER : In writ petition No.1574/2017 the complainant had prayed for a direction to S.C. Education League (Reg.) Saligrama Village, K.R. Nagara Taluk, Mysuru District (for short ‘the Institution’), to prepare the bill of salary of the complainant which is due to him for the last nine months as on the date of filing of the writ petition. The said writ petition was disposed of on 17.04.2018, in which the respondent-Block Education Officer, Mysuru Taluk was directed that if a complaint or representation is made by the petitioner, the respondent shall summon the competent person of the Institution, secure all details and verify the veracity of the complaint and initiate action in accordance with law within a period of two months from the date of submission of representation. 2. The learned AGA for the respondent submitted that on 14.11.2018 a letter has been addressed to the Institution directing to calculate and pay the salary to the petitioner for the period which he had not paid and vide letter dated 15.11.2018 the Institution replied the respondent-Block Education Officer that the Institution would undertake to comply the same and petitioner would be paid the salary for which he is due. The said reply is produced at Annexure-R7 to the counter. This has been informed to the contempt petitioner by letter dated 16.11.2018. Learned AGA files a memo along with the said letter dated 16.11.2018 stating that due to oversight, the said letter could not be annexed along with the counter affidavit. 3. In view of the above, the learned AGA for the respondent submitted that the direction issued in the writ petition has been complied as the representation of the contempt petitioner has been accepted by the respondent and as per letter dated 15.11.2018 the Institution has undertaken to pay the salary to the petitioner for the period which he had worked and not paid. 4. The submission made by the learned AGA has been examined in the light of the direction issued and the prayer made by the petitioner in the writ petition and it was observed that the direction has been complied, as the Institution addressed a letter dated 15.11.2018 to the Block Education Officer, Mysuru Taluk agreeing to pay the salary due to the petitioner. 5. Under these circumstances, we hold that there is compliance. 5. Under these circumstances, we hold that there is compliance. The salary due to the petitioner shall be disbursed to him as agreed at the earliest. Liberty is reserved to the contempt petitioner to approach the Institution and on his appearance or approach the Institution shall have to pay the same to him immediately. In view of the above, the contempt petition is dropped.