- 1 - NC: 2025:KHC:3769 WP No. 18164 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO. 18164 OF 2023 (S-RES) BETWEEN: SRI A PRANAYANATH REDDY S/O A. VIDYASAGAR REDDY, AGED ABOUT 39 YEARS, R/O PLOT NO.79, PHASE 3, ROAD NO.7, OPP. CHAITANYA KALASALA, CHAITANYA NAGAR, B.N.REDDY NAGAR, HYDERABAD, TELANGANA STATE-500079. …PETITIONER (BY SRI. SOMASHEKAR KASHIMATH, ADV.) AND: 1. ALLIANCE UNIVERSITY REP. BY ITS CHANCELLOR, CHIKKAHAGADE CROSS, CHANDAPURA-ANEKAL MAIN ROAD, ANEKAL, BENGALURU-562106. 2. ALLIANCE UNIVERSITY REP. BY ITS CHANCELLOR, 2ND CROSS, 36TH MAIN, DOLLARS SCHEME, BTM 1ST STAGE, BENGALURU-560068. 3. THE REGISTRAR ALLIANCE UNIVERSITY, CHIKKAHAGADE CROSS, CHANDAPURA-ANEKAL MAIN ROAD, ANEKAL, BENGALURU-562106. 4. THE DEAN ALLIANCE COLLEGE OF ENGINEERING Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:3769 WP No. 18164 of 2023 AND DESIGN, ALLIANCE UNIVERSITY, CHIKKAHAGADE CROSS, CHANDAPURA-ANEKAL MAIN ROAD, ANEKAL, BENGALURU-562106. 5. THE PRINCIPAL SECRETARY HIGHER EDUCATION, GOVERNMENT OF KARNATAKA, VIDHANA SOUDHA, BENGALURU-560001. …RESPONDENTS (BY SRI. CYRIL PRASAD PAIS, ADV. FOR R1, R3 & R4 SMT. PRATHIBHA R.K., AGA FOR R5 R2 IS SERVED) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 TO 5 TO DISBURSE / PAY SALARY AND PERSONAL BENEFITS OF RS.3,23,085/- WITH INTEREST AT OF 18 PERCENT PER ANNUM FROM DATED OF 01/06/2017 TILL REALIZATION. 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 The petitioner, who was working in the respondent- University is before this Court under Article 226 of the Constitution of India with the following prayer: “A writ in the nature of mandamus or any other appropriate writ or order directing the respondent Nos.1 to 5 to disburse/pay salary and personal benefits of Rs.3,23,085/- with interest @ 18% per annum from the date 01.06.2017 till realization.” - 3 - NC: 2025:KHC:3769 WP No. 18164 of 2023 2. Heard the learned counsel Sri.Somashekar Kashimath for petitioner, learned counsel Sri.Cyril Prasad Pais for respondent Nos.1, 3 and 4 and learned Additional Government Advocate Smt.Prathibha.R.K., for respondent No.5. Perused the writ petition papers. 3. The petitioner has sought for a writ of mandamus directing respondent Nos.1 to 5 to disburse/pay salary and personal benefits of Rs.3,23,085/- with interest at 18% p.a. 4. Learned counsel Sri.Cyril Prasad Pais for respondent Nos.1, 3 and 4 points out from the statement of objections filed that, under the document No.9, Communication dated 27.06.2023, petitioner’s request for payment of arrears of salary is rejected for the reasons stated therein. Since the petitioner’s request is already rejected and as the petitioner has not challenged the said Communication, he submits that the writ petition would not be maintainable. - 4 - NC: 2025:KHC:3769 WP No. 18164 of 2023 5. A mandamus could be issued when the petitioner establishes his legal right and correspondingly establishes failure on the part of the respondents to consider the request for performing their legal duty. In the instant case, the respondents have considered the request of the petitioner and under Communication dated 27.06.2023 rejected the request of the petitioner. When the request of the petitioner is already rejected, no mandamus could be issued to the respondents. It is open for the petitioner to challenge the Communication where the request of the petitioner is rejected. 6. With the above, writ petition stands disposed of. Sd/- (S.G.PANDIT) JUDGE NC CT:bms List No.: 1 Sl No.: 51