IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26^TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE JAYANT BANERJI AND THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT APPEAL No. 3417 OF 2016 (S-RES)

BETWEEN:

1. SRI A. RAGHUPATHY BHAT, S/O VASUDEV BHAT, AGED ABOUT 72 YEARS, R/A MOODU ALEVOOR VILLAGE, ALEVOOR POST, VIA UDYAVARA, UDUPI (TQ) & (DIST)-574133.

…APPELLANT (BY SRI SONA VAKKUND, ADVOCATE)

AND:

Digitally signed by K G 1. THE BOARD OF MANAGEMENT OF RENUKAMBA SRI VENKATARAMANA EDUCATIONAL TURST Location: HIGH KARKALA-574102 COURT OF REP. BY ITS PRESIDENT.

KARNATAKA …RESPONDENT (BY SRI RAVINDRANATH K., ADVOCATE)

THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED BY THE LEARNED SINGLE JUDGE IN WRIT PETITION No.12867/2013 DATED 21/1/16 BY ALLOWING THIS WRIT APPEAL WITH COST IN THE INTEREST OF JUSTICE &

EQUITY.

THIS APPEAL, COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE JAYANT BANERJI and HON'BLE MR. JUSTICE K. V. ARAVIND

ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE JAYANT BANERJI)

Heard learned counsel for the parties.

2. This writ appeal has been filed praying for setting aside the order passed by the learned Single Judge in Writ Petition No.12867/2013 dated 21.01.2016. By means of the impugned judgment, two writ petitions filed by each of the parties were dismissed by a common order. Under challenge in the writ petition that was filed under Articles 226 and 227 of the Constitution, is the order dated 18.01.2013 passed in Execution Case No.191/2007 on the file of the District Judge, Udupi that pertained to Item Nos.1 to 3 of the memo of calculations and applying Karnataka Educational Institutions (Recruitment and Terms and Conditions of Service of Employees in Aided Colleges of Education and Teachers Training Institutes) Rules, 2001, 2001 Rules while calculating subsistence allowance.

3. It appears that an order was passed by the Educational Appellate Tribunal, Tribunal in EAT No.5/1997 dated 17.08.2000. The Tribunal aforesaid is constituted under Section 10 of the Karnataka Private Educational Institutions (Discipline and Control) Act, 1975, Act of 1975. The aforesaid order dated 17.08.2000 passed by the Tribunal was challenged in civil revision petitions under Section 115 of Code of Civil Procedure, 1908, CPC before this Court in Civil Revision Petition No.3150/2000 connected with Civil Revision Petition No.3436/2000. By a common order dated 11.07.2002, the Court observed that since effectively, the Court is setting aside the order of the disciplinary authority, therefore, the cut off date would be 17.08.2000, with the employee being entitled to claim subsistence allowance till that date and to claim the arrears of salary and back wages on and from 19.08.2000. The Institution was directed to compute and pay over to the employee the arrears within an outer limit of four months from the date of the order. Other directions regarding terminal benefits and pension were also given. However, this Court noted certain distinguishing features in the case and the back wages were not allowed.

4. Thereafter, a Review Petition No.88/2003 was filed by the appellant herein seeking review of the aforesaid judgment dated 11.07.2002 passed in CRP No.3105/2000 connected with CRP No.3436/2000. The aforesaid review petition was disposed of refusing interference but observing that in view of the settled meaning of the word back wages, it was unnecessary to make any clarification in the order and if there is any dispute regarding the quantum of the amount to be paid by the respondent as per the order passed by this Court on 11.07.2002, it is open to the petitioner to approach the Tribunal to execute the award passed in favour of the petitioner.

5. It appears that execution proceedings were filed by the appellant, in which an order dated 18.01.2013 was passed, which was subjected to challenge by both the parties in Writ Petition No.8692/2013 c