- 1 - NC: 2025:KHC:3475 WP No. 2437 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO. 2437 OF 2019 (S-REG) BETWEEN: 1. SRI. BASAVARAJA T S/O LANKE THIMMAIAH, AGED ABOUT 41 YEARS WORKING AS ASSISTANT PROFESSOR IN KANNADA SRI.VENKATESHWARA FIRST GRADE COLLEGE CHITRADURGA TOWN CHITRADURGA-577 501. 2. SR.MAHANTESH K.H. S/O HANUMANTHAPPA K H AGED ABOUT 38 YEARS WORKING AS ASSISTANT PROFESSOR IN SOCIOLOGY SRI VENKATESHWARA FIRST GRADE COLLEGE CHITRADURGA TOWN CHITRADURGA-577 501. 3. SRI. LAKSHMAN NAIK N S/O NARAYAN NAIK AGED ABOUT 41 YEARS WORKING AS ASSISTANT PROFESSOR IN ECONOMICS SRI VENKATESHWARA FIRST GRADE COLLEGE CHITRADURGA TOWN CHITRADURGA-577 501. 4. SRI.MURTHY S.L.N. S/O SEETHARAMAIAH, AGED ABOUT 44 YEARS WORKING AS ASSISTANT PROFESSOR IN ENGLISH Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:3475 WP No. 2437 of 2019 SRI VENKATESHWARA FIRST GRADE COLLEGE CHITRADURGA TOWN CHITRADURGA-577 501. 5. SRI.RAJENDRA R M S/O B.VIRUPAKSHAIAH WORKING AS ASSISTANT PROFESSOR IN PHYSICAL EDUCATION SRI VENKATESHWARA FIRST GRADE COLLEGE CHITRADURGA TOWN CHITRADURGA-577 501. DEAD BY HIS LRS. A) SMT. PRIYA R AGED ABOUT 39 YEARS W/O LATE RAJENDRA R.M. B) SHOBITHRAJ MINOR AGED ABOUT 16 YEARS REP. BY HIS MOTHER SMT. PRIYA R. C) KUMARI KUSHIRAJ MINOR AGED ABOUT 12 YEARS REP. BY HIS MOTHER SMT. PRIYA R. ALL ARE R/OF NO.652/3 7TH MAIN, 5TH CROSS NEAR S.T. POULS CONVENT P.J. EXTENSION DAVANAGERE TOWN DAVANAGERE DISTRICT-577002. 6. SRI. ASHOK KUMAR V S/O VEERABHADRAPPA, AGED ABOUT 35 YEARS WORKING AS ASSISTANT PROFESSOR IN HISTORY SRI VENKATESHWARA FIRST GRADE COLLEGE CHITRADURGA TOWN CHITRADURGA-577 501. 7. SMT. SRIDEVI B.D W/O DR.VEERENDRA D N AGED ABOUT 39 YEARS - 3 - NC: 2025:KHC:3475 WP No. 2437 of 2019 WORKING AS ASSISTANT PROFESSOR IN POLITICAL SCIENCE SRI VENKATESHWARA FIRST GRADE COLLEGE CHITRADURGA TOWN CHITRADURGA-577 501. …PETITIONERS (BY SRI.THYAGARAJA S., ADV. FOR P1, P3 & P6 SRI R.S. HEDGE, ADV. FOR P2, P4 & ALSO FOR P5(A) TO P5(C) V/O DATED 13.03.2023 COURT NOTICE ON P7 IS SERVED) AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF HIGHER EDUCATION M.S. BUILDING, BANGALORE-560 001. 2. THE COMMISSIONER DEPARTMENT OF HIGHER EDUCATION PALACE ROAD, BANGALORE-560 001. 3. THE REGIONAL JOINT DIRECTOR DEPARTMENT OF COLLEGIATE EDUCATION SHIVAMOGGA. 4. THE SECRETARY DEVARAJ URS EDUCATION SOCIETY (R) PRASHANTH NAGARA, STADIUM ROAD, CHITRADURGA-577 501. 5. THE PRINCIPAL SRI.VENKATESHWARA FIRST GRADE COLLEGE CHITRADURGA TOWN, CHITRADURGA-577501. …RESPONDENTS (BY SMT. PRATHIBHA R.K., AGA FOR R1-R3 SRI M.V.V. RAMANA, ADV. FOR R4 SRI PRAVEEN RAIKOTE, ADV. FOR R5) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO RELEASE THE SALARY DUE AND PAYABLE TO THE PETITIONERS FROM 01.09.2018 TO TILL DATE; DIRECT THE R-4 AND - 4 - NC: 2025:KHC:3475 WP No. 2437 of 2019 5 NOT TO PREVENT THE PETITIONERS FROM ENTERING THE COLLEGE PREMISES AND DISCHARGING THEIR DUTIES AS LECTURERS IN THE COLLEGE AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.G.PANDIT ORAL ORDER Heard the learned counsel Sri.S.Thyagaraja for petitioner Nos.1, 3 and 6. 2. Learned counsel Sri.S.Thyagaraja would submit that the prayers (b) to (h) would no more survive for consideration and he would submit that the prayer (a) only would survive for consideration at present. 3. Learned counsel for the petitioners would submit that the petitioners were kept under suspension on 01.09.2018 and subsequently suspension was revoked and they were deputed to various other institutions under order dated 23.01.2020. 4. During the course of hearing, learned Additional Government Advocate made available the order dated - 5 - NC: 2025:KHC:3475 WP No. 2437 of 2019 23.01.2020 under which petitioners are deputed to other institutions by revoking their suspension, which discloses that the Management had not obtained approval for suspension from the competent authority and respondent No.2 has held that suspension is illegal. In that view of the matter, petitioners seek salary for the period under which they were under suspension. 5. Learned counsel Sri.S.Thyagaraja would submit that when the suspension of the petitioners are declared or treated as illegal, the management would become liable to pay the salaries of the petitioners. Therefore, he submits that respondent Nos.4 and 5 be directed to pay the salary of the petitioners. 6. The petitioners have alternate remedy under Section 130 or 131 of the Karnataka Education Act, 1983. The petitioners have to make appropriate representation before the Competent Authority seeking salary for the period during which they were under suspension and it is - 6 - NC: 2025:KHC:3475 WP No. 2437 of 2019 for the Competent Authority to take note of the petitioners’ contention and pass appropriate order. 7. In that view of the matter, writ petition stands disposed of with liberty to the petitioners to make appropriate representation before the Competent Authority or before the Authorities under 1983 Act. Sd/- (S.G.PANDIT) JUDGE NC CT:bms List No.: 1 Sl No.: 3