- 1 - NC: 2025:KHC:2090 WP No. 17615 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO. 17615 OF 2024 (S-RES) BETWEEN: 1. D G VISHWESHWARAIAH S/O GURUSIDDAIAH D S AGED ABOUT 60 YEARS R/O SHREE GURU NILAYA VINAYAKA NAGARA BEHIND MACHENAHALLI SCHOOL TARIKERE, CHICKMANGALURU KARNATAKA- 577228. 2. SUERSHA G S/O O G CHANNABASAPPA AGED ABOUT 60 YEARS R/O SUPRAHA 22-A, A-BLOCK BEHIND RAMAKRISHAN SCHOOL SWAMI VIVEKANANDA BADAVANE SHIMOGGA KARNATAKA- 577205. 3. DR. C CHANNAPPA S/O CHOODAMANI GOWDA AGED ABOUT 60 YEARS R/O F 122, 4TH CROSS NEAR SBM BANK GOPALAGOWDA BADAVANE GOPALA EXTENSION, SHIMOGGA KARNATAKA -577205. …PETITIONERS (BY SRI. SAI SHAKTZ, ADV.) Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:2090 WP No. 17615 of 2024 AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY EDUCATION DEPARTMENT (HIGHER EDUCATION), M S BUILDING BENGALURU -560001. 2. THE KUVEMPU UNIVERSITY ’JNANA SAHYADRI’ BHADRAVATHI TALUKU SHIVAMOGGA DISTRICT-577451 REPRESENTED BY ITS REGISTRAR. 3. UNIVERSITY SRIMAD RAMBAPURI ARTS AND COMMERCE COLLEGE B R PROJECT SHANKARGHATTA- 577451 KUVEMPU UNIVERSITY JNANA SAHYADRI BHADRVATHI TALUK SHIVAMOGA DISTRICT REP. BY ITS PRINCIPAL. …RESPONDENTS (BY SRI. T.P. RAJENDRA KUMAR SUNGAY, ADV. FOR R2 & R3) THIS PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO A) QUASH THE IMPUGNED OFFICIAL MEMORANDUM DATED 18/21.06.2024 BEARING NO. KUV.MASANI-3(69) 882.2024-25 OF THE R2 UNIVERSITY VIDE ANNEXURE-A AND B) DECLARATION THAT THE PETITIONERS ARE ENTITLED TO CONTINUE TO SERVE IN THE R2 AND 3, TILL THEY ATTAIN 62 YEARS, THE ACTUAL AGE OF SUPERANNUATION WITH ALL CONSEQUENTIAL BENEFITS. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.G.PANDIT - 3 - NC: 2025:KHC:2090 WP No. 17615 of 2024 ORAL ORDER Though the writ petition is listed for hearing I.A., with the consent of learned counsel appearing for the parties, the same is taken up for final disposal. 2. Learned counsel for the petitioners would submit that petitioners who are working as Professors in the third respondent – college which is a constituent college of second respondent – University, are before this Court questioning Annexure-A, O.M., dated 18/21.06.2024 wherein the date of retirement of the petitioners is shown as 31.07.2024 at the age of 60 years. Learned counsel for the petitioners would further submit that since the petitioners are Professors of the third respondent – College which is a constituent college of second respondent – University are entitled to continue up to the age of 62 years and at the age of 62 years, they would superannuate from service. In that regard, learned counsel for the petitioners would invite attention of this Court to identical orders passed by the Co-ordinate Bench of this - 4 - NC: 2025:KHC:2090 WP No. 17615 of 2024 Court in W.P.No.16519/2018 dated 19.03.2021 as well as W.P.No.34969/2016 dated 10.12.2019. 3. Learned counsel Sri.T.P.Rajendra Kumar Sungay for respondent Nos.2 and 3 would not dispute the legal position. 4. Taking note of the above submission and since the petitioners are Professors of constituent college of second respondent – University are entitled to continue till the age of 62 years for superannuation, I proceed to pass the following: ORDER a) Annexure-A O.M., bearing No.PÀÄ«:ªÀiÁ¸À¤- 3:(69):882:2024-25 dated 18/21.06.2024 is quashed. b) Respondents are directed to continue the petitioners up to the age of 62 years as Professors in the third respondent – College. - 5 - NC: 2025:KHC:2090 WP No. 17615 of 2024 c) With the above, writ petition stands disposed of. Sd/- (S.G.PANDIT) JUDGE NC CT:bms List No.: 1 Sl No.: 25