The Society has a duty to pay subsistence allowance, as denying it infringes rights under Article 21 of the Constitution.

JUDGMENT :

H.P.SANDESH, J.

Heard the learned counsel for the complainant, learned counsel for the appellant-Society in the writ appeal and learned Government Advocate appearing for the respondent-State.

2. Since the contempt petition and the writ appeal are arising out of the order dated 06.08.2024 passed by the learned Single Judge in W.P.No.202992/2015, both the matters are taken up together and disposed of by this common order.

3. The contempt petition is filed by the employee working in Hotagi Brahnamath, Sri Yogirajendra Shivacharya Educational Trust (for short, ‘Society’) praying to initiate contempt proceedings against the Society for disobedience and non-compliance of the order dated 06.08.2024 passed by the learned Single Judge in W.P.No.202992/2015, whereas the writ appeal is filed by the Society questioning the order of the learned Single Judge mainly contending that the learned Single Judge has committed an error in directing the Society to pay the subsistence allowance.

4. Factual matrix of the case of the complainant-employee before the learned Single Judge is that, he was suspended during the course of his employment and neither the Management nor the Government has paid subsistence allowance inspite of several demands being made. Hence, he approached this Court by filing writ petition No.202992/2015 praying to issue writ of certiorari for setting aside the order dated 02.05.2015 passed by respondent No.1 in Appeal No.15/2014 and order No.G4.B2(1)/Kha.Prou.Shaa/Complaint/Enquiry/17/2011-12/3266 dated 02.09.2014 passed by respondent No.3 therein vide Annexure-D to the writ petition, consequently, to direct the respondents for payment of subsistence allowance and order for any other relief to which the petitioner is entitled to.

5. The learned Single Judge has considered the grounds urged in the petition and factual aspects of the case that a criminal case was registered against the petitioner in Crime No.82/2011 of Kalaburagi Grameen Police Station and consequent to the same, he was taken to judicial custody and was sent to judicial remand. The Society by order dated 12.05.2011, kept the petitioner under suspension with retrospective effect from 24.04.2011 as per the direction of the Deputy Director of Public Instructions (for short, ‘DDPI’) vide letter dated 11.05.2011, but both the Society and the respondent- State have not paid subsistence allowance to the petitioner/employee. Hence, he had approached this Court by filing writ petition. Respondent Nos.2 and 3 appeared through their respective counsel. Respondent No.2 therein filed counter affidavit stating that on the direction of respondent No.3 therein, it suspended the petitioner. But, respondent No.3 therein has not filed any statement of objections. The learned Single Judge taking note of the factual aspects of the case observed that unfortunately, in this case, the employee was suspended way back in the year 2011 i.e., on 12.05.2011 and he was taken into service on 02.09.2014 and the respondents have not paid the subsistence allowance. The learned Single Judge has also observed that neither the Society nor the Government is willing to pay subsistence allowance. Both of them are passing on the responsibility from one to the other, according to the Government, as the employee was suspended by the Society without information to the Government, they are not liable to pay. According to the Society, the Government is liable to pay the subsistence allowance since the same is grant-in-aid institution and suspension order is issued on the written direction of DDPI. The petitioner is entitle