- 1 - NC: 2025:KHC:742 WP No. 8627 of 2014 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO. 8627 OF 2014 (S-PRO) BETWEEN: DR. K VASANTHAKUMAR PAI AGED 55 YEARS, S/O. LATE K. RANGANATHA PAI, PROFESSOR, DEPARTMENT OF INDUSTRIAL CHEMISTRY, JNANA SAHYADRI, SHANARAGHATTA-577451 SHIMOGA DISTRICT. …PETITIONER (BY SRI.SHANTAKUMAR K.C., ADV.) AND: 1. KUVEMPU UNIVERSITY SHANARAGHATTA-577451 SHIMOGA DISTRICT, REP. BY ITS REGISTRAR. 2. THE VICE CHANCELLOR KUVEMPU UNIVERSITY, RAJ BHAVAN, BANGALORE-560001. 3. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, HIGHER EDUCATION DEPARTMENT, M.S.BUILDING, VIDHANA VEEDHI, BANGALORE-560001. 4. THE UNIVERSITY GRANTS COMMISSION BAHADUR SHAH ZAFAR MARG, Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:742 WP No. 8627 of 2014 NEW DELHI-110001, REP. BY ITS SECRETARY. …RESPONDENTS (BY SRI. T P RAJENDRAKUMAR SUNGAY, ADV. FOR R1 SRI V SHIVA REDDY, AGA FOR R3 SRI SARAVANA P., ADV. FOR R4 R2 IS SERVED) THIS PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS RELATING TO, CONCERNING & CONNECTED WITH THE IMPUGNED ORDER DATED 22.10.2013 VIDE ANNX-A PASSED BY THE R-1, PERUSE THE SAME & QUASH THE SAID ORDER AS UNREASONED, ARBITRARY, ILLEGAL & UNAUTHORISED. 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, Professor in the Department of Industrial Chemistry in the first respondent – Kuvempu University is before this Court under Article 226 of the Constitution of India calling in question Annexure-A dated 22.10.2013 whereunder the promotion granted to the petitioner as Professor is withdrawn and recovery on re-fixation is ordered. 2. Heard learned counsel Sri.Shantakumar.K.C., for petitioner, Sri.T.P.Rajendrakumar Sungay, for - 3 - NC: 2025:KHC:742 WP No. 8627 of 2014 respondent No.1, learned Additional Government Advocate Sri.V.Shiva Reddy, for respondent No.3 and learned counsel Sri.Saravana.P., for respondent No.4. Perused the writ petition papers. 3. Learned counsel for the petitioner would submit that petitioner was accorded Selection Grade Lecturer, Associate Professor and Professor and accordingly the date of promotion was fixed. At the request of the petitioner on acquiring Ph.D., promotion was accorded to petitioner to the cadre of Professor from 05.01.2007. The said promotion is sought to be withdrawn under impugned order dated 22.10.2013 on the ground that as on the date of promotion, he had not completed requisite 8 years experience on acquiring Ph.D., degree in the cadre of Reader. 4. On hearing the learned counsel appearing for the parties and on perusal of the writ petition papers, I do not find any fault with the order withdrawing the - 4 - NC: 2025:KHC:742 WP No. 8627 of 2014 promotion of the petitioner for not having completed 8 years in the cadre of Reader on acquiring Ph.D., degree. 5. During the pendency of the writ petition, petitioner had attained the age of superannuation and is retired from service. The interim order of stay of recovery in pursuance to Annexure-A dated 22.10.2013 is operating since 18.03.2014. The Hon'ble Apex Court in the case of State of STATE OF PUNJAB AND OTHERS VS. RAFIQ MASIH (WHITE WASHER)1 has held that no recovery would be permissible from a retired employee or from an employee who is due to retire shortly. 6. In the above circumstances and taking note of the interim order of stay of recovery as well as decision of the Hon'ble Apex Court STATE OF PUNJAB AND OTHERS (supra), the respondent-University is directed not to recover any amount in pursuance to Annexure-A bearing No. DzÉñÀ ¸ÀASÉå:PÀÄ«:ªÀiÁ¸À¤.1:2013-14:3787 dated 1 (2015) 4 SCC 334 - 5 - NC: 2025:KHC:742 WP No. 8627 of 2014 22.10.2023. In all other respects, Annexure-A – order holds good. 7. With the above, writ petition stands disposed of. Sd/- (S.G.PANDIT) JUDGE NC CT:bms List No.: 1 Sl No.: 48