- 1 - NC: 2025:KHC:3785-DB WA No. 1789 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR JUSTICE M.I.ARUN WRIT APPEAL NO. 1789 OF 2024 (S-RES) BETWEEN: 1. SRI B.K. SRINIVASA AGED 65 YEARS S/O LATE B.R. KRISHNAMURTHY RAO WORKED AS TECHNICAL ASSISTANT (RETD) DEPT. OF MATHEMATICS BANGALORE UNIVERSITY BANGALORE-560 056 R/AT NO.305, 10TH MAIN 3RD BLOCK JAYANAGAR BANGALORE-560 011. …APPELLANT (BY SRI M. BHASKARA JOIS M., ADVOCATE) AND: 1. THE REGISTRAR BANGALORE UNIVERSITY GNANA BHARATHI BANGALORE-560 056. …RESPONDENT Digitally signed by H K HEMA Location: High Court of Karnataka - 2 - NC: 2025:KHC:3785-DB WA No. 1789 of 2024 THIS WRIT APPEAL FILED UNDER SECTION 4 OF THE HIGH COURT ACT, 1974, PRAYING TO SET ASIDE THE ORDER OF LEARNED SINGLE JUDGE OF THIS HON'BLE COURT ORDER DATED 25.10.2024 IN WRIT PETITION NO.24541 OF 2023 (S-RES) AND CONSEQUENTLY, ALLOW THE WRIT PETITION FILED BY THE APPELLANT BEFORE THE HON'BLE SINGLE JUDGE IN WRIT PETITION NO.24541 OF 2023 (S-RES) IN THE INTEREST OF JUSTICE AND EQUITY, ETC. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE M.I.ARUN ORAL JUDGMENT (PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA) Heard learned advocate Mr. M. Bhaskara Jois for the appellant-the petitioner. 2. The present appeal is directed against the judgment and order dated 25.10.2024 passed by learned Single Judge in writ petition No.24541 of 2023. - 3 - NC: 2025:KHC:3785-DB WA No. 1789 of 2024 3. The writ petition came to be disposed of by providing that the claim of the petitioner in respect of the leave encashment shall be considered by the University in accordance with law within a stipulated time. 3.1. What was prayed before learned Single Judge was to direct the respondent-University to grant UGC pay scale to the petitioner retrospectively. It was next prayed to grant all the consequential benefits pursuant to extension/continuation of two years service by virtue of the interim order dated 19.12.2019. 3.2. On more than one consideration, learned Single Judge did not find the prayers meritorious to be granted. Firstly, the basis of the prayer was the interim order dated 19.12.2019 which was passed in Writ Petition No.9582 of 2019. The said petition came to be dismissed and the order was taken in Appeal No.843 of 2023 which was also disposed of upholding the dismissal of the petition with cost imposed on the petitioner to the extent of Rs.10,000/-. 3.3. Learned Single Judge observed that in the facts of the case, the benefit claimed by the petitioner was not available to non-teaching staff, to which category the petitioner belongs to. The - 4 - NC: 2025:KHC:3785-DB WA No. 1789 of 2024 petitioner was Technical Assistant. It was noted that the University had issued the endorsement dated 08.10.1998 wherein it was observed, since the petitioner held the post of non-teaching staff, he was not entitled to the benefit claimed by him. The said endorsement dated 08.10.1998 was never challenged, and was accepted by the petitioner. 4. The petitioner was finally treated as non-teaching staff. In other words, the petitioner who retired in 2021 was not entitled to continue beyond 58 years and the retirement date for the teaching staff was up to 60 years and not the non-teaching staff. 5. The only aspect left for learned Single Judge to be considered was the entitlement of the petitioner about payment of leave encashment as per the admitted pay scale and service conditions of the petitioner. In this regard, learned Single Judge directed the University to take an appropriate decision in accordance with law within a stipulated time. 6. On examination of the facts and considering the findings of learned Single Judge, the impugned judgment and order does not book any error. - 5 - NC: 2025:KHC:3785-DB WA No. 1789 of 2024 7. The appeal is meritless and is dismissed. In view of dismissal of the appeal, interlocutory applications, would not survive and stand accordingly disposed of. SD/- (N. V. ANJARIA) CHIEF JUSTICE SD/- (M.I.ARUN) JUDGE VMB List No.: 1 Sl No.: 17