Back
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
M.NAGAPRASANNA
Vrushab S/o Shrimant Janaj – Appellant
Versus
State Of Karnataka – Respondent
| Table of Content |
|---|
| 1. petitioners seek salary payment for services rendered. (Para 1 , 6) |
| 2. chronology of petitions and orders regarding salary dispute. (Para 2 , 4 , 5) |
| 3. state cannot withhold salaries; entitlement established. (Para 7) |
ORDER :
(PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)
1. The petitioners are before this Court calling in question an order passed by this Court on 20.11.2025 in Writ Petition No.104367 of 2025, by which the salary was directed to be paid to those teachers, who are working and not paid salary, which would amount to begar under Article 23 of the Constitution of India.
2. Heard Sri.Vitthal S Teli, learned counsel appearing for the petitioners, Smt.Girija S. Hiremath, learned HCGP appearing for respondent Nos.1 to 4, Sri.Kishor Sutar, learned counsel appearing for respondent No.5, Smt.Vaibhavi Inamdar, learned counsel appearing for respondent Nos.6 to 9, Sri.Pranav S.Katageri, learned counsel appearing for respondent No.10.
3. The petitioners are said to be the erstwhile members of respondent No.10 - Society. The petitioners are said to have approached this Court in Writ Petition No.105646 of 2022, by which the Co-ordinate Bench had allowed the writ petition
The court held that withholding salaries for work is a violation of Article 23, equating it to forced labour, and mandated immediate payment to uphold human dignity.
The State's withholding of salaries for teachers for 19 months constitutes forced labour, violating Article 23 of the Constitution, which prohibits such practices.
The central legal point established in the judgment is the obligation to pay appropriate wages/salary to individuals who discharge duties as assigned by the employer, irrespective of the legality of ....
Point of law: Affirmative action to make the remedy effective is of the essence of the right which otherwise becomes sterile. A responsible municipal council constituted for the precise purpose of pr....
Teachers are entitled to be paid salary from the date of creation of the post. An executive order cannot override express statutory provisions. The right to livelihood, including the right to receive....
Salary for government employees is a property right protected under the Constitution, and cannot be deferred by executive orders without legislative authority.
Continuous service obligates salary payment despite appointment legality, and equal treatment demands non-discriminatory enforcement of employment rights.
Petitioners are entitled for minimum time scale of pay and they are bound to serve during regular office hours of an employee on par with regular employees of the same cadre. Therefore, the petitione....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
