- 1 - NC: 2025:KHC:298 WP No. 4449 of 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO. 4449 OF 2013 (S-RES) BETWEEN: DR. PUSHPALATAH L W/O M.S. KRISHNA MURTHY, AGED ABOUT 60 YEARS, RESIDING AT NO.2977/1-B, RASHMI, 5TH MAIN ROAD, VANI VILAS PURAM, MYSORE-570002. ALSO AT ASSOCIATE PROFESSOR, DEPARTMENT OF MATHEMATICS, YUVARAJA’S COLLEGE, MYSORE-570002. …PETITIONER (BY SRI. M V VEDACHALA, ADV.) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF EDUCATION, REP. BY ITS SECRETARY M.S.BUILDING BENGALURU-560001. 2. THE VICE CHANCELLOR MYSORE UNIVERSITY, MYSORE-570005. …RESPONDENTS (BY SMT. ANITHA N., AGA FOR R1 SRI K.S. BHEEMAIAH, ADV. FOR R2) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH OR SET ASIDE Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:298 WP No. 4449 of 2013 THE ORDER DATED 28.07.2012 PASSED BY R-2 VIDE ANNX-M AND DIRECT THE RESPONDENTS TO CONSIDER HER PLACEMENT IN THE READER GRADE OR SENIOR SCALE AT THE UNIVERSITY OF MYSORE UNDER THE UGC SCHEME FOR CAREER ADVANCEMENT TAKING INTO CONSIDERATION THE PAST SERVICE RENDERED BY THE PETITIONER IN THE CAPACITY OF RESEARCH ASSISTANT AS PER HER REPRESENTATIONS DATED 07.04.2024 AND DATED 29.12.2010 AT ANNX-H1 & H2. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.G.PANDIT ORAL ORDER Petitioner, retired Associate Professor in Mathematics Department, Yuvaraja’s College, Mysuru is before this Court under Article 226 of the Constitution of India with a prayer to quash order dated 28.07.2012 (Annexure-M) wherein her request for counting service as Research Assistant between 03.05.1995 to 31.01.1996 for the purpose of Senior Scale of pay in Lecturer Cadre is rejected. 2. Heard the learned counsel Sri.M.V.Vedachala for petitioner, learned Additional Government Advocate Smt.N.Anitha for respondent No.1 and learned counsel - 3 - NC: 2025:KHC:298 WP No. 4449 of 2013 Sri.K.S.Bheemaiah for respondent No.2. Perused the writ petition papers. 3. Learned counsel for the petitioner Sri.M.V.Vedachala would submit that the petitioner was working as Research Assistant during the period from 03.05.1995 to 31.01.1996, before she was appointed as Lecturer in the department of Mathematics, in Yuvaraja’s College, Mysuru. It is submitted that the said period of Research Assistant is not counted for the purpose of Senior Scale Lecturer and therefore she had made a representation. The said representation was rejected under endorsement dated 28.07.2012 (Annexure-M) which is the subject matter of this writ petition. Learned counsel invites attention of this Court to Government Order dated 15.11.1999, particularly Clause (20) of the said Government Order to contend that service rendered as UGC Research Assistant shall be counted for the placement of Lecturer, as a Lecturer (senior scale) and Lecturer (selection grade). It is submitted that the - 4 - NC: 2025:KHC:298 WP No. 4449 of 2013 endorsement would not speak as to why the petitioner would not be entitled for counting her service rendered as UGC Research Assistant. Further, learned counsel would submit that other similarly situated lecturers have been granted senior scale counting service as UGC Research Assistant. Thus, he prays for allowing the writ petition. 4. Per contra, learned counsel Sri.K.S.Bheemaiah for respondent No.2 opposes the prayer of the petitioner. Learned counsel inviting attention of this Court to the statement of objections filed on behalf of second respondent – University, submits that the petitioner was assigned Research Assistant at the first instance in the Department of Science and Technology and at the second instant, it was Department of Science Technology. The pay scale of both the assignment was not equivalent to that of Lecturer. Therefore, the petitioner is not entitled to the benefit of Clause (20) of the Government Order dated 15.11.1999. Thus, learned counsel would pray for dismissal of the writ petition. - 5 - NC: 2025:KHC:298 WP No. 4449 of 2013 5. Having heard the learned counsel appearing for the parties and on perusal of the writ petition papers, I am of the view that the impugned communication dated 28.07.2012 (Annexure-M) is a bald and non-speaking communication and would not disclose any reason as to why the petitioner is not entitled for counting her service rendered as UGC Research Assistant for the purpose of placement as Lecturer (senior scale). 6. The second respondent – University has not considered Clause (20) of the Government Order dated 15.11.1999 while issuing communication dated 28.07.2012 (Annexure-M). The reasons not contained in the endorsement cannot be supplemented by way of statement of objections. The communication ought to have indicated the reasons as to why service rendered by the petitioner as Research Assistant could not be counted for placement in Lecturer (senior scale). As no proper reasons are assigned in the communication dated 28.07.2012 - 6 - NC: 2025:KHC:298 WP No. 4449 of 2013 (Annexure-M), the same requires to be quashed. Hence, the following: ORDER a) The communication dated 28.07.2012 (Annexure-M) is quashed. b) The second respondent – University is directed to re-consider the request of the petitioner to count her service rendered between 03.05.1995 to 31.01.1996 as UGC Research Assistant in the light of Clause (20) of Government order dated 15.11.1999 and pass appropriate order. c) Time for compliance: Three months. Sd/- (S.G.PANDIT) JUDGE NC CT:bms List No.: 1 Sl No.: 37