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2025 DAILYLAW 22024 (KAR)

SRI SANTOSH v. STATE OF KARNATAKA

WP/9416/2025 · 2025-06-12

R Nataraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:20252 WP No. 9416 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JUNE 2025 BEFORE THE HON'BLE MR JUSTICE R. NATARAJ WRIT PETITION NO.9416 OF 2025 (S-RES) BETWEEN: SRI. SANTOSH S/O. BASAVARAJA AKKI AGED ABOUT 44 YEARS, COMPUTER PROGRAMMER, TUMAKURU UNIVERSITY, TUMAKURU-572 103. …PETITIONER (BY SRI. R.P.SOMASHEKHARAIAH, ADVOCATE) AND: 1. STATE OF KARNATAKA REP. BY ITS PRL. SECRETARY, HIGHER EDUCATION, GOVT. OF KARNATAKA, MS BUILDING, BENGALURU-560 001. 2. THE REGISTRAR, TUMAKURU UNIVERSITY, BH ROAD, TUMAKURU-572 103. …RESPONDENTS (BY SRI. SHIVAPRABHU HIREMATH, GOVT. ADVOCATE FOR R1; NOTICE TO R2 IS DISPENSED WITH ) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WIRT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO.1 TO CONSIDER THE PROPOSAL ON 03.02.2025, SENT BY THE RESPONDENT NO.2 FOR RE-FIXATION OF THE PAY OF THE PETITIONER W.E.F. THE DATE OF HIS APPOINTMENT AND TO PAY ALL ARREARS OF PAY, PAY REVISION AND OTHER BENEFITS AS PER THE ORDER PASSED IN WP NO. 33099/2017 ON 17/09/2024, VIDE ANNEXURE-A, BY CONSIDERING THE PROPOSAL DATED 03/02/2025 IN NO.vÀÄ.«:¹§âA¢:E-2889:2024-25/3293, ¢£ÁAPÀ: 03.02.2025, UNDER ANNEXURE-D AND ETC. Digitally signed by VIJAYALAKSHMI M KANKUPPI Location: HIGH COURT OF KARNATKA DHARWAD BENCH Date: 2025.06.18 10:52:32 +0530 - 2 - HC-KAR NC: 2025:KHC:20252 WP No. 9416 of 2025 THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R. NATARAJ ORAL ORDER Sri. K.Manjunath, Under Secretary, Higher Education (University-2), Government of Karnataka, is present before the Court through Video Conferencing. 2. The petitioner has sought for a writ in the nature of mandamus directing respondent No.1 to consider the proposal dated 03.02.2025 said to have been sent by respondent No.2 for refixation of the pay of the petitioner with effect from the date of his appointment and to pay all arrears of pay, pay revision and other benefits as per the orders passed in W.P. No.33099/2017 by considering the proposal dated 03.02.2025. He has also sought for a direction to respondents No.1 and 2 to pay salary as per the 7th Pay Scale after making appropriate fitment from the date of the order passed in W.P. No.33099/2017. 3. The petitioner contends that he had approached this Court in W.P. No.33099/2017 for refixation of the pay and to - 3 - HC-KAR NC: 2025:KHC:20252 WP No. 9416 of 2025 extend the benefit of revised pay scale on par with the computer programmers employed in other universities and to release the monetary benefits. It is contended that this Court, in terms of the order dated 17.09.2024, had directed respondent No.2 therein to forward a proposal for refixation of the pay of the petitioner in the pay band of Rs.28,100/- to Rs.50,100/- with effect from the date of appointment of the petitioner. It is the case of the petitioner that this order is not complied with and that the petitioner is left high and dry with no income. 4. During the pendency of this writ petition, the learned Additional Government Advocate has filed a memo, dated 11.06.2025, which reads as follows: “The counsel for the Respondents/State submits that, the petitioner has received the outstanding amount due to him pursuant to the order of this Hon’ble Court in the earlier W.P.No.33099/2017. The copy of the pay bill details along with details of transfer of amount into the petitioners account are all collectively produced as Annexure R1 series along with this memo for kind perusal of this Hon’ble Court the same may kindly - 4 - HC-KAR NC: 2025:KHC:20252 WP No. 9416 of 2025 be taken on the record and petition may be disposed, in the interest of justice and equity.” 5. The learned counsel for the petitioner does not dispute that the petitioner has received all amounts except the PF amount. Therefore, the direction issued by this Court in W.P. No.33099/2017 is complied and therefore, no direction is necessary to be issued to respondent No.2 herein to comply the order dated 17.09.2024. However, if the petitioner is not paid any other dues to which he is lawfully entitled to, he is at liberty to approach this Court again. The writ petition is accordingly disposed of. Sd/- (R. NATARAJ) JUDGE KMS Ct:vh List No.: 19 Sl No.: 4