- 1 - NC: 2025:KHC-D:2542 WP No. 102025 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 10TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 102025 OF 2024 (S-RES) BETWEEN: MR. MUTANNA S/O. SHRISHAIL DENGI, AGE. 32 YEARS, OCC. PRIVATE WORK, R/O. DENGI ONI, TELSANG, TQ. ATHANI, DIST. BELGAUM- 591265. …PETITIONER (BY SRI. MAQBOOLAHAMED M. PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, R/BY PRINCIPAL SECRETARY, HIGHER EDUCATION, M S BUILDING, BENGALURU- 1. 2. COMMISSIONER, DEPARTMENT OF COLLEGIATE EDUCATION, UNNATHA SHIKSHNA SOUDHA, SESHADRI ROAD, BENGALURU- 560001. 3. THE DIRECTOR, DEPARTMENT OF COLLEGIATE EDUCATION, UNNATHA SHIKSHNA SOUDHA, SESHADRI ROAD, BENGALURU- 560001. VISHAL NINGAPPA PATTIHAL Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka Dharwad Bench Date: 2025.02.18 11:21:52 +0530 - 2 - NC: 2025:KHC-D:2542 WP No. 102025 of 2024 4. THE JOINT DIRECTOR, DEPARTMENT OF COLLEGIATE EDUCATION, UNNTHA SHIKSHNA SOUDHA, SESHADRI ROAD, BENGALURU- 560001. 5. THE PRINCIPAL, SHRI MALLAPPA YEGAPPA KYAD GOVERNMENT FIRST GRADE COLLEGE (SMYK GOVERNMENT FIRST GRADE COLLEGE), TELSANG, TQ. ATHANI, DIST. BELAGAVI- 591265. …RESPONDENTS (BY SMT. KIRTHILATA R. PATIL, HCGP FOR R1 TO R4 NOTICE TO R5 IS SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO, ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER WRIT OR ORDER OR DIRECTION DIRECTING THE RESPONDENT’S TO ALLOW THE PETITIONER TO WORK IN SHRI MALLAPPA YEGAPPA KYAD GOVERNMENT FIRST GRADE COLLEGE (SMYK GOVERNMENT FIRST GRADE COLLEGE), TELSANG, TQ. ATHANI, DIST. BELAGAVI-591265. A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER WRIT OR ORDER OR DIRECTION, DIRECTING THE RESPONDENTS TO PAY THE SALARY OF PETITIONER DUE FROM THE JULY 2023. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, PRELIMINARY HEARING WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC-D:2542 WP No. 102025 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court seeking following prayer: “a) Issue a writ in the nature of Mandamus or any other writ or order or direction directing the Respondent’s to allow the Petitioner to work in Shri Mallappa Yegappa Kyad Government First Grade College (SMYK Government First Grade College), Telsang, Tq. Athani, Dist. Belagavi- 591265. b) A writ in the nature of mandamus or any other writ or order or direction, directing the Respondents to pay the salary of Petitioner due from the July 2023. c) Any other reliefs this Hon’ble Court deems fit for the facts and circumstances of the case.” 2. Heard the learned counsel Sri.Maqboolahamed M. Patil appearing for petitioner and learned HCGP-Smt.Kritilata R. Patil appearing for respondents No.1 to 4. 3. The 5th respondent had remained absent despite service of notice. This Court directed service by way of hand-summons which has been refused to be received by the respondent No.5. Therefore the petitioner and State are heard. - 4 - NC: 2025:KHC-D:2542 WP No. 102025 of 2024 4. The petitioner is appointed as an unskilled labour, in the respondent No.5-College. The appointment happens on 01.5.2011 in terms of the policy of the State. Later on 01.03.2018, the petitioner is said to have been employed in Group-D and made to work in the College Development Committee. The petitioner then appears to have submitted a representation where he was not allowed to perform his duties in the institution. Those representations go unheeded and the respondent No.5 even today continues to dodge the entry of the petitioner into the institution. Therefore, the petitioner is before this Court seeking the afore quoted prayer. 5. Learned counsel appearing for the petitioner submits that the respondent No.5 is a Government Institution and cannot act contrary to the orders passed by the Government. He would seek to place reliance upon the Government Order dated 23.01.2024, in particular, to buttress his submission that the petitioner’s service on contract basis has been continued by and order of the - 5 - NC: 2025:KHC-D:2542 WP No. 102025 of 2024 Government until further orders. Therefore, he has to be allowed to work is his submission. 6. Learned-HCGP would seek to contend that the term of contract of the petitioner is already over and therefore cannot have any right to contend that respondent No.5 has to take him into duties. She would seek dismissal the petition. 7. I have given my anxious consideration to the submissions made by the learned counsel appearing for the parties and perused the material on record. 8. The afore narrated facts are not in dispute. The issue at this juncture lies in a narrow campus. The petitioner is appointed as an unskilled labour in respondent No.5-College in the year 2011 is a matter of record. His services being dispensed with, or him not being allowed to work is again the allegation by the petitioner. In those circumstances, a representation is submitted by the petitioner. The representation is not considered. 9. The Government then passes an order on 23.01.2024, which reads as follows: - 6 - NC: 2025:KHC-D:2542 WP No. 102025 of 2024 “DzÉñÀ «µÀAiÀÄ: PÁ¯ÉÃdÄ ²PÀët E¯ÁSÉAiÀÄ°è ºÉÆgÀUÀÄwÛUÉ DzsÁgÀzÀ ªÉÄÃ¯É ¹§âA¢UÀ¼À ¸ÉêÉAiÀÄ£ÀÄß MzÀV¸À®Ä ¤ÃqÀ¯ÁVgÀĪÀ ¢£ÁAPÀ:20.12.2021gÀ PÁAiÀiÁðzÉñÀzÀ CªÀ¢üAiÀÄ£ÀÄß «¸ÀÛj¸ÀĪÀ §UÉÎ. G¯ÉèÃR: 1) F PÀbÉÃjAiÀÄ PÁAiÀiÁðzÉñÀ ¸ÀASÉå: (DEA/APT1/OS/1/2021-DEE-appt1 (E-453975), ¢£ÁAPÀ:20.12.2021. 2) F PÀbÉÃjAiÀÄ ¸ÀªÀĸÀASÉå ¥ÀvÀæ ¢£ÁAPÀ:24.02.2023 ºÁUÀÆ ¢£ÁAPÀ:21.08 2023. 20:13.01.2023. 3) ¸ÀPÁðgÀzÀ ¥ÀvÀæ ¸ÀASÉå:Er/02/ºÉaà¹/2024. ¢£ÁAPÀ:22.01.2024. PÁ¯ÉÃdÄ ²PÀët E¯ÁSÉAiÀÄ DAiÀÄÄPÀÛgÀ PÀbÉÃj, ¥ÁæzÉòPÀ PÀbÉÃj ºÁUÀÆ ¸ÀPÁðj ¥ÀæxÀªÀÄ zÀeÉð PÁ¯ÉÃdÄUÀ¼À°è 102 qÁmÁ JAnæ D¥ÀgÉÃlgï ªÀÄvÀÄÛ 347 UÀÆæ¥ï-r ¹§âA¢UÀ¼À ¸ÉêÉAiÀÄ£ÀÄß ºÉÆgÀUÀÄwÛUÉ DzsÁgÀzÀ ªÉÄÃ¯É MzÀV¸À®Ä G¯ÉèÃR-(1) gÀ F PÀbÉÃjAiÀÄ DzÉñÀzÀ°è PÁAiÀiÁðzÉñÀ ¤ÃqÀ¯ÁVzÀÄÝ, ¸ÀzÀj PÁAiÀiÁðzÉñÀzÀ CªÀ¢üAiÀÄ£ÀÄß G¯ÉèÃR(2) gÀ DzÉñÀzÀ°è £ÀªÉA§gï- 2023gÀ CAvÀåzÀªÀgÉUÉ ªÀÄÄAzÀĪÀgɸÀ¯ÁVvÀÄÛ. PÀbÉÃj/PÁ¯ÉÃdÄUÀ¼À°è£À DqÀ½vÁvÀäPÀ/±ÉÊPÀëtÂPÀ PÉ®¸À- PÁAiÀÄðUÀ¼À£ÀÄß ¸ÀÄUÀªÀĪÁV ¤ªÀð»¸À®Ä qÁmÁ JAnæ D¥ÀgÉÃlgï ºÁUÀÆ UÀÆæ¥ï-r ¹§âA¢UÀ¼À ¸ÉêÉAiÀÄÄ CUÀvÀåªÁVgÀĪÀÅzÀjAzÀ G¯ÉèÃR-(3) gÀ ¥ÀvÀæzÀ°è ¸ÀPÁðgÀªÀÅ ¤ÃrgÀĪÀ C£ÀĪÀÄwAiÀÄAvÉ PÁ¯ÉÃdÄ ²PÀët E¯ÁSÉAiÀÄ 449 ¹§âA¢UÀ¼À ¸ÉêÉAiÀÄ ºÉÆgÀUÀÄwÛUÉ DzsÁgÀzÀ mÉAqÀgï ¥ÀæQæAiÉÄ ªÀÄÄPÁÛAiÀÄUÉÆAqÀÄ J¯ï-1 ©qïzÁgÀjUÉ PÁAiÀiÁðzÉñÀ ¤ÃqÀĪÀªÀgÉUÉ CxÀªÁ ªÀÄÄA¢£À DzÉñÀzÀªÀgÉUÉ EªÀgÉqÀgÀ°è AiÀiÁªÀÅzÀÄ ªÉÆzÀ¯ÉÆà C°èAiÀĪÀgÉUÉ G¯ÉèÃR (1) gÀ ¢£ÁAPÀ:20.12.2021gÀ PÁAiÀiÁðzÉñÀzÀ CªÀ¢üAiÀÄ£ÀÄß «¸ÀÛj¸À¯ÁVzÉ.” - 7 - NC: 2025:KHC-D:2542 WP No. 102025 of 2024 The aforequoted government order is indicative of the fact that the order dated 20.12.2021 which had extended the services of these contract employees, in the Government Colleges would continue until further orders. No further order has come about terminating the service of the petitioner and the like. Therefore the respondent No5 not permitting the petitioner to work, notwithstanding the aforesaid Government order, is on the face of it illegal. Therefore the petition deserves to succeed. 10. For the aforesaid reasons, the following ORDER (i) The petition allowed. (ii) The mandamus issues to the respondent No.5 to permit the petitioner to work in consonance with law. Since the respondent No.5 is not represented, the State shall see that the respondent No.5 permits the petitioner to work. - 8 - NC: 2025:KHC-D:2542 WP No. 102025 of 2024 (iii) The petitioner shall be entitled to all consequential benefits that would flow from the aforesaid direction. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE RHR/- List No.: 1 Sl No.: 16