- 1 - NC: 2025:KHC:18102 WP No. 10817 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE R. NATARAJ WRIT PETITION NO. 10817 OF 2025 (S-RES) BETWEEN: N.D.VIRUPAKSHA S/O N.V. DODDANNA AGED ABOUT 60 YEARS, RESIDING AT 7TH 'A' BLOCK, KUVEMPU UNIVERSITY QUARTERS TAVARAGHATTA, SHIVAMOGGA KVV SHANKARAGHATTA - 577451 …PETITIONER (BY SRI. SUHAS H.S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY M.S.BUILDINGS, DR. AMBEDKAR VEEDHI BENGALURU - 560001. 2. THE KUVEMPU UNIVERSITY JNANA SAHADRI SHANKARAGHATTA - 577451 SHIVAMOGGA DISTRICT REPRESENTED BY ITS REGISTRAR …RESPONDENTS (BY SRI. SHIVAPRABHU S. HIREMATH, ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NO.1; SRI. T.P.RAJENDRA KUMAR SUNGAY, ADVOCATE FOR RESPONDENT NO.2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE OFFICIAL Digitally signed by MARKONAHALLI RAMU PRIYA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:18102 WP No. 10817 of 2025 MEMORANDUM BEARING REF.NO.KUV:MASANI-6:3966:2024-25 DATED 30.12.2024/10.01.2025, ISSUED BY THE RESPONDENT NO.2 VIDE ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R. NATARAJ ORAL ORDER The petitioner has sought for a writ in the nature of certiorari to quash the Official Memorandum bearing No.PÀÄ«:ªÀiÁ¸À¤-6:3966:2024-25 dated 30.12.2024/10.01.2025 issued by respondent No.2. The petitioner has also sought for a declaration that he is entitled to continue in the services of respondent No.2 - University as Physical Education Director till he attains the age of 62 years and to determine the terminal benefits by taking into account the services rendered till the age of 62 years. 2. The petitioner contends that he was appointed as Physical Education Teacher in terms of an order dated 01.08.1994 issued by respondent No.2. After a slew of promotions, he was temporarily promoted to the post of Director of Physical Education Department on 20.11.2019. He - 3 - NC: 2025:KHC:18102 WP No. 10817 of 2025 claims that he was appointed as Research Guide for students, who were prosecuting Ph.D programmes. He contends that he is entitled to continue as Director of Physical Education Department of respondent No.2 till he attains the age of 62 years. He contends that respondent No.2 had issued an Official Memorandum to similarly placed persons, who were working in respondent No.2 that they would be relieved after attaining 60 years of age. The said persons had approached this Court in W.P.Nos.441-443/2017 and this Court had recorded a finding that the Physical Education teachers were also 'teachers' as defined under Section 2(12) of the Karnataka State Universities Act, 2000 and accordingly held that the petitioners in the said writ petitions are entitled to be continued in their respective posts till they attained the age of 62 years. Following the said judgment, this Court again in W.P.Nos.103826/2019 in respect of an Assistant Director of Physical Education and Sports Department, Karnataka University, Dharwad, had held that the petitioner therein was entitled to continue in service till she attained the age of 62 years. The petitioner contends that despite the authoritative pronouncement by this Court in the aforesaid writ petitions, respondent No.2 continued to issue - 4 - NC: 2025:KHC:18102 WP No. 10817 of 2025 Official Memorandum to faculty members of Physical Education in respondent No.2 informing them that they would be retired at the age of 60 years. The petitioner is therefore, before this Court seeking for quashing the impugned Official Memorandum dated 30.12.2024/10.01.2025. 3. The learned counsel for the petitioner contended that the questions of fact and questions of law urged in this writ petition are squarely covered by the judgments rendered by this Court in W.P.No.441-443/2017 and W.P.No.12467/2017 as well as W.P.No.15808/2024. He therefore, contends that the petitioner may also be granted the same benefit. 4. The learned counsel for respondent No.2 does not dispute that the issue in this writ petition is squarely covered by the judgments, referred above. 5. In view of the aforesaid, this writ petition is allowed. The impugned Official Memorandum bearing No. PÀÄ«:ªÀiÁ¸À¤-6:3966:2024-25 dated 30.12.2024/10.01.2025 issued by respondent No.2 at Annexure - A is quashed. Respondent No.2 is directed to continue the services of the petitioner till he attains the age of 62 years. If his promotion - 5 - NC: 2025:KHC:18102 WP No. 10817 of 2025 to the post of Director of Physical Education is confirmed, he shall be continued as such else in the post that he may be entitled to. It is needless to mention that till the petitioner attains the age of 62 years, respondent No.1 shall take all necessary and adequate steps to pay his salary. Sd/- (R. NATARAJ) JUDGE PMR List No.: 1 Sl No.: 69