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2025 DAILYLAW 11141 (KAR)

DR. BASAVARAJ ASKI v. THE UNION OF INDIA AND ORS

WP/201897/2024 · 2025-04-16

Chillakur Sumalatha

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Judgment text

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- 1 - NC: 2025:KHC-K:2351 WP No. 201897 of 2024 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 16TH DAY OF APRIL, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA WRIT PETITION NO.201897 OF 2024 (S-RES) BETWEEN: DR.BASAVARAJ ASKI S/O SIDDANNA AKI, AGE: 59 YEARS, WORKING AS PROFESSOR, DEPARTMENT OF BIOCHEMISTRY, IN SHRI B.M.PATIL MEDICAL COLLEGE, HOSPITAL AND RESEARCH CENTRE OF BLDE UNIVERSITY (DEEMED UNIVERSITY), VIJAYAPURA – 586 103. …PETITIONER (BY SRI. RAVINDRA REDDY, ADVOCATE) AND: 1. THE UNION OF INDIA BY ITS SECRETARY, MINISTRY OF HEALTH AND FAMILY WELFARE (MEDICAL EDUCATION), NIRMAN BHAVAN, NEW DELHI. 2. THE NATIONAL MEDICAL COMMISSION BY ITS SECRETARY, POCKET-14, SECTOR-8, DWARKA PHASE-I, NEW DELHI-110077. Digitally signed by VARSHA N RASALKAR Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2351 WP No. 201897 of 2024 3. THE MEDICAL COUNCIL OF INDIA BY ITS SECRETARY, PHASE-1, DADA DEV MANDI ROAD, BLOCK-P, SECTOR-8, DWARKA, NEW DELHI – 110 077. 4. THE VICE-CHANCELLOR OF BLDE DEEMED UNIVERSITY, VIJAYAPURA – 586 101. 5. THE REGISTRAR OF BLDE DEEMED UNIVERSITY, VIJAYAPURA – 586 101. 6. THE PRINCIPAL OF SHRI B.M.PATIL MEDICAL COLLEGE, HOSPITAL & RESEARCH CENTRE, VIJAYAPURA – 586 103. …RESPONDENTS (BY SRI. SUDHIRSINGH R. VIJAPUR, DSGI FOR R1 TO R3; SRI D.P.AMBEKAR, ADVOCATE FOR R4 TO R6) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF CERTIORARI QUASHING NOTICE OF RETIREMENT DATED:14.05.2024 IN NO.BLDE(DU)/REG/ RETIREMENT/2024-25/579 ISSUED BY THE RESPONDENT NO.5 VIDE ANNEXURE-C; TO ISSUE MANDAMUS DIRECTIONS TO THE RESPONDENT NOS.4 & 5 UNIVERSITY TO CONTINUE THE SERVICE OF THE PETITIONER AS PROFESSOR, DEPARTMENT OF BIOCHEMISTRY OF SHRI B.M.PATIL MEDICAL COLLEGE, HOSPITAL AND RESEARCH CENTRE OF BLDE (DU) AT VIJAYAPURA, TILL THE AGE OF RETIREMENT OF 65 YEARS AS PER THE UGC REGULATIONS, WITH ALL SERVICE BENEFITS PAID TO THE POST OF PROFESSOR AND ETC. - 3 - NC: 2025:KHC-K:2351 WP No. 201897 of 2024 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL ORDER (PER: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA) Sri.Ravindra Reddy, learned counsel for the writ petitioner files a memo seeking direction to respondent Nos.4 to 6 to settle all the retirement benefits which include Gratuity and Group Insurance pertaining to the petitioner time bound. Learned counsel for the writ petitioner states that so far as age of retirement is concerned, the petitioner is not seeking any relief. Learned counsel states that no further orders in this writ petition are required. 2. Heard Sri.D.P.Ambekar, learned counsel who represents respondent Nos.4 to 6. Learned counsel states that retirement benefits will be settled as sought for. 3. Having considered the submissions thus made, the writ petition is disposed of with the following: - 4 - NC: 2025:KHC-K:2351 WP No. 201897 of 2024 ORDER In the light of age of superannuation which was attained by the petitioner as submitted by learned counsel for the writ petitioner as well as learned counsel who represents respondent Nos.4 to 6, respondent Nos.4 to 6 to settle retirement benefits of the petitioner within a period of four weeks from the date of receipt of certified copy of this order. Sd/- (Dr.CHILLAKUR SUMALATHA) JUDGE VNR List No.: 1 Sl No.: 17 CT:NI