- 1 - NC: 2025:KHC:14369 WP No. 15808 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE R. NATARAJ WRIT PETITION NO. 15808 OF 2024 (S-RES) BETWEEN: DR.KESHAVAMURTHY.T., S/O. B. V. THIMMEGOWDA, AGED ABOUT 59 YEARS, PHYSICAL EDUCATION DIRECTOR, UNIVERSITY COLLEGE, (A CONSTITUENT COLLEGE OF MANGALORE UNIVERSITY), HAMPANAKATTA, MANGALURU-575 001. …PETITIONER (BY SRI. MURALIDHAR K.B., ADVOCATE) AND: 1. STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, EDUCATION DEPARTMENT (HIGHER EDUCATION), M.S. BUILDING, BENGALURU - 560 001. 2. THE MANGALORE UNIVERSITY BY ITS REGISTRAR, MANGALA GANGOTHRI, KONAJE, MANGALURU - 574 199. 3. PRINCIPAL, UNIVERSITY COLLEGE, (A CONSTITUENT COLLEGE OF MANGALORE UNIVERSITY), HAMPANAKATTA, MANGALURU-575 001. …RESPONDENTS (BY SRI.KENCHEGOWDA H.K., AGA FOR R1. SRI.T.P.RAJENDRA KUMAR SUNGAY, ADVOCATE FOR R2 & R3) Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14369 WP No. 15808 of 2024 THIS WP IS FILED UNDER ARTICLES OF 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO i) QUASH THE IMPUGNED GOVERNMENT ORDER BEARING NO. ED 254 UNE 2014 DATED 28/09/2015 PASSED BY THE R1 (ANNEXURE-AE), IMPUGNED NOTIFICATION BEARING NO. MA/Vi/Ku.Sa/Sibbandi (2)/2/2024 DATED 30/04/2024 ISSUED BY THE R2 (ANNEXURE-AT), IN SO FAR AS THE PETITIONER IS CONCERNED, HOLDING THE SAME AS ILLEGAL, BAD IN LAW ARBITRARY ONE, DISCRIMINATORY AND VIOLATIVE OF ARTICLE 14 AND 16 OF THE CONSTITUTION OF INDIA. 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 order bearing No. ED 254 UNE 2014 dated 28.09.2015, issued by the respondent No.1 and the consequent notification bearing No. Ma.Vi/ Ku.Sa/ Sibbandi(2)/ 2/ 2024, dated 30.04.2024 by which, the respondent Nos.1 and 2 rejected the claim of the petitioner for extension of his retirement age from 60 to 62 years. 2. When this petition is listed for preliminary hearing in ‘B’ group, it is brought to the notice of this Court, that under similar circumstances, a co-ordinate bench of this Court in - 3 - NC: 2025:KHC:14369 WP No. 15808 of 2024 W.P.No.441-443/2017 had quashed the order bearing No. ED 254 UNE 2014 dated 28.09.2015 issued by the respondent No.1 and the consequent notification issued to the petitioner therein. The co-ordinate bench also directed that the services of the petitioner therein shall be continued till the age of superannuation, that is 62 years. 3. In similar circumstances, another co-ordinate bench of this Court in W.P.No.12467/2017 had directed the continuation of the petitioner therein till he attained the age of superannuation, that is 62 years. 4. It is therefore evident that the contention urged in this writ petition is squarely covered by the judgment of the co- ordinate bench of this Court in W.P.No.441-443/2017 and WP.12467/2017 referred above. 5. In the light of the cases referred above, this petition also deserves to be disposed off on similar terms. 6. In view of the above, for the reasons stated in WP.441-443/17 and WP.12467/2017, this writ petition is allowed. The impugned government order bearing No. ED 254 UNE 2014 dated 28.08.2015 and the consequent notification - 4 - NC: 2025:KHC:14369 WP No. 15808 of 2024 bearing No. Ma.Vi/ Ku.Sa/ Sibbandi(2)/ 2/ 2024, dated 30.04.2014, issued by the respondent No.2 are quashed. As a result, the services of the petitioner shall be continued till he attains the age of superannuation, that is 62 years. It is needless to mention that if the salary of the petitioner has to be paid till he attains the age of 62 years, the respondent No.1 shall take proper and adequate steps to pay the salary. Sd/- (R. NATARAJ) JUDGE BKN/List No.: 1 Sl No.: 25