- 1 - NC: 2025:KHC:2850 WP No. 16004 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO. 16004 OF 2023 (S-R) BETWEEN: DR. K SRINIVASA D/O LATE V KRISHNAPPA AGED ABOUT 60 YEARS ASSISTANT PROFESSOR DEPARTMENT OF HISTORY D BANUMAIAH’S COLLEGE OF COMMERCE AND ARTS NEW SAYYAJI RAO ROAD MYSURU-570024. …PETITIONER (BY SRI. HIREMATH N. S., ADV.) AND: 1. THE PRINCIPAL SECRETARY HIGHER EDUCATION DEPARTMENT M S BUILDING DR. AMBEDKAR VEEDHI BENGALURU-560001. 2. THE COMMISSIONER COLLEGIATE AND TECHNICAL EDUCATION DEPARTMENT SHESHADRI IYER ROAD BENGALURU-560001. 3. THE REGIONAL JOINT DIRECTOR COLLEGIATE AND TECHNICAL EDUCATION DEPARTMENT MAHARANI COLLEGE PREMISES VINOBHA ROAD MYSURU-570005. Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:2850 WP No. 16004 of 2023 4. THE ADMINISTRATOR D. BANUMAIAH EDUCATION INSTITUTION NEW SAYYAJI RAO ROAD MYSURU-570004. 5. THE PRINCIPAL D. BANUMAIAH COLLEGE OF COMMERCE AND ARTS NEW SAYYAJI RAO ROAD MYSURU-570004. …RESPONDENTS (BY SRI. B.J. ESHWARAPPA, AGA FOR R1 TO R3 SRI KALEEMULLAH SHERIFF, ADV. FOR R4 & R5) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS 1 TO 5 TO CONSIDER THE REPRESENTATIONS DATED 05.01.2023 AND 04.01.2023 VIDE ANNX-L, M, N, O AND P; DIRECT TO THE RESPONDENTS NOT TO GIVE EFFECT TO SUPERANNUATION OF THE PETITIONER ON 31.07.2023 WITHOUT DISPOSING OF THE REPRESENTATIONS DATED 05.01.2023 AND 04.01.2023 VIDE ANNX- L, M, N, O AND P 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 S.G.PANDIT ORAL ORDER Petitioner, a retired Associate Professor of History in D Banumaiah’s College of Commerce and Arts, Mysuru is before this Court praying the following reliefs: “i) Issue writ in the nature of mandamus directing the respondents 1 to 5 to consider the representations dated 05.01.2023 and 04.01.2023 vide Annexures-L, M, N, O & P. - 3 - NC: 2025:KHC:2850 WP No. 16004 of 2023 ii) Issue direction to the respondents not to give effect to superannuation of the petitioner on 31.07.2023 without disposing of the representations dated 05.01.2023 and 04.01.2023 vide Annexures-L, M, N, O & P. iii) Issue writ in the nature of direction, directing the respondent No.1 to extend the benefit as per the Notification dated 15.10.2009 vide Annexure-C, to the petitioner on par with other similarly situated persons who have been benefited under the said Notification issued by the respondent No.1. iv) Issue any appropriate writ, order or direction as deemed fit in the circumstances of the case in the interest of justice.” 2. Heard the learned counsel Sri.Hiermath.N.S., for petitioner, learned Additional Government Advocate Sri.B.J.Eshwarappa for respondent Nos.1 to 3 and learned counsel Sri.Kaleemullah Shariff for respondent Nos.4 and 5. Perused the writ petition papers. - 4 - NC: 2025:KHC:2850 WP No. 16004 of 2023 3. Learned counsel for the petitioner would submit that the petitioner who was appointed under Notification dated 05.02.2009 (Annexure-A) as Lecturer in fifth respondent-College was working as such, till his retirement in the fifth respondent-College. It is submitted that the petitioner had the qualification of Doctor of Philosophy in History from the University of Mysuru which he had obtained in the year 2019. But, the respondents failed to grant UGC pay scale to the petitioner. However, it is submitted that without considering the sanction of UGC pay scale, he was made to retire on 31.07.2023 on attaining the age of 60 years. However, learned counsel invites attention of this Court to Annexure-C, Government Order dated 15.10.2009 wherein the Government of Karnataka was pleased to enhance the age of superannuation of teaching community of Universities drawing UGC scale from the existing sixty years to sixty two years. But, he submits that the said benefit is not extended to the petitioner. Hence, he prays for a writ of - 5 - NC: 2025:KHC:2850 WP No. 16004 of 2023 mandamus to consider extending the age of superannuation to 62 years in his case. 4. Per contra, learned counsel appearing for the respondents would submit that since the petitioner is not extended the UGC pay scale and he was not a teacher under the University, the Government Order dated 15.10.2009 would have no application to the petitioner’s case. Thus, they prayed for dismissal of the writ petition. 5. Under the various representations, petitioner seeks for consideration of his case for grant of UGC pay scale and for benefit of superannuation at 62 years age. Unless one establishes his right, no mandamus could be issued. In the instant case, petitioner has not produced any material to show that the UGC pay scale was extended to him and on the other hand his request was to grant UGC pay scale. The Government Order dated 15.10.2009 would apply only to the teaching community of Universities drawing UGC scales. As the petitioner was not drawing UGC pay scale as on the date of his retirement - 6 - NC: 2025:KHC:2850 WP No. 16004 of 2023 dated 31.07.2023 and he was not a Teacher/Lecturer in a constituent college of the University, the respondents rightly not extended the benefit of 62 years for superannuation to the petitioner. 6. No ground is made out to interfere to grant the prayers of the petitioner. Accordingly, writ petition stands rejected. Sd/- (S.G.PANDIT) JUDGE NC CT:bms List No.: 1 Sl No.: 52