- 1 - HC-KAR NC: 2025:KHC-D:14332 WP No. 102362 of 2022 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 27TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 102362 OF 2022 (S-RES) BETWEEN: HOBAPPA S/O. KESHAPPA LAMANI, AGE. 76 YEARS, OCC. RETIRED EMPLOYEE R/O. 3RD CROSS, REVENUE COLONY, RANI CHANNAMMA NAGAR, DHARWAD – 580 006. …PETITIONER (BY SMT. NANDINI SOMAPUR, ADVOCATE FOR SRI. B. V. SOMAPUR, ADVOCATE) AND: 1. UNIVERSITY OF AGRICULTURAL SCIENCE, DHARWAD – 580 006, REP. BY ITS VICE CHANCELLOR. 2. THE REGISTRAR, UNIVERSITY OF AGRICULTURAL SCIENCE, DHARWAD – 580 006. 3. ADMINISTRATIVE OFFICER, UNIVERSITY OF AGRICULTURAL SCIENCE, DHARWAD – 580 006. VISHAL NINGAPPA PATTIHAL Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka Dharwad Bench Date: 2025.10.28 15:45:48 +0530 - 2 - HC-KAR NC: 2025:KHC-D:14332 WP No. 102362 of 2022 4. COMPTROLLER, UNIVERSITY OF AGRICULTURAL SCIENCE, DHARWAD – 580 006. …RESPONDENTS (BY SRIYUTHS. K.L.PATIL, S.A.SONDUR, ADVOCATES FOR RESPONDNETS) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO CONSIDER THE REPRESENTATION ON BEHALF OF THE PETITIONERS VIDE ANNEXURE-G DATED 13/10/2000 AND TO GRANT PENSIONARY BENEFITS DULY CONSIDERING THEIR TEMPORARY AND REGULAR SERVICES AS PER THE NOTIFICATION OF THE UNIVERSITY VIDE NO. AO/EST- 5/BOR/44A/6802B/94-95 DATED 02/02/1995 VIDE ANNEXURE-B AS IT WAS GIVEN TO OTHER EMPLOYEES SIMILARLY PLACED AND WHO HAVE RETIRED PRIOR TO 2009. ISSUE WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO PAY THE PENSIONARY BENEFITS WITH INTEREST AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:14332 WP No. 102362 of 2022 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) The petitioner is before this Court seeking the following prayer: “A. Issue a writ of mandamus directing the respondents to consider the representation on behalf of the petitioners Vide Annexure-G dated 13/10/2000 and to grant pensionary benefits duly considering their temporary and regular services as per the notification of the University vide no. AO/EST-5/BOR/44A/6802B/94-95 dated 02/02/1995 vide Annexure-B as it was given to other employees similarly placed and who have retired prior to 2009. B. Issue writ of mandamus directing the respondents to pay the pensionary benefits with interest. C. Issue any such other writ, order and direction as this Hon’ble Court deems fit under the circumstances of the case, in the interest of justice and equity.” 2. Heard the learned counsel Smt. Nandini Somapur appearing for the petitioner. - 4 - HC-KAR NC: 2025:KHC-D:14332 WP No. 102362 of 2022 3. The learned counsel for the petitioner submits that the petitioner is similarly placed to those persons who had approached this Court in Writ Petition No.103617/2021 which comes to be disposed by the Co-ordinate Bench in terms of its order dated 20.01.2022. The said order reads as follows: “1. The petitioners have sought for a writ in the nature of mandamus to the respondent to consider their representations dated 04.11.2020, 24.02.2014 and 02.05.2012 and to grant pensionary benefits by considering their temporary and regular services as per the notification issued by the respondent University, dated 02.02.1995. 2. The petitioners were all employed with the University of Agricultural Sciences, Bengaluru. It is claimed that respondent No.1 had appointed several persons on temporary basis on consolidated salary against sanctioned posts. The petitioners who were appointed on consolidated pay against the sanctioned posts were deputed to work at different places. The petitioners discharged their duties continuously until they were appointed on regular basis against the same post without break of service. It is claimed that a pension scheme was introduced by respondent No.1 with effect from 01.07.1981 and that the petitioners enrolled under the pension - 5 - HC-KAR NC: 2025:KHC-D:14332 WP No. 102362 of 2022 scheme until their retirement. It is claimed that after respondent No.1 came into existence with effect from 01.10.1986, the services of the petitioners stood transferred to the appropriate cadres in respondent No.1 and continued in the same post without any interruption of services. They all claimed that the respondent No.1 had issued a notification dated 02.02.1995 counting past service on consolidated salary or on temporary basis for pension and leave benefits. The petitioners who were similarly placed and who had retired prior to the 2009 sought similar treatment by filing their representations. They claimed that the State Accounts Department had instructed the respondent No.1 to take a decision at its level. Nonetheless, the respondent No.1 has slept over the same and hence the petitioners seek for an appropriate direction. 3. The learned counsel for the respondent submits that the request of the petitioners would be considered in accordance with law and appropriate orders would be passed. 4. In view of the aforesaid submissions, the writ petition is allowed and a writ in the nature of mandamus is issued to the respondent Nos.1 and 2 to consider the representations of the petitioners dated 04.11.2020, 24.02.2014 and 02.05.2012 in accordance with the extant regulations/notifications - 6 - HC-KAR NC: 2025:KHC-D:14332 WP No. 102362 of 2022 etc., issued by the respondent No.1, within a period of three months from the date of receipt of a certified copy of this order.” 4. The learned counsel for the respondents submits that if a direction is issued to consider the representation without going into the merit of the matter, he would accept the said direction. 5. In the light of the said circumstance and the similarity with the order passed by the Co-ordinate Bench quoted supra, I deem it appropriate to dispose this petition with a direction to the respondents to consider the representation submitted by this petitioner and pass necessary orders in accordance with law, bearing in mind the observations made in the course of the order passed by the Co-ordinate Bench, within an outer limit of three months from the date of receipt of copy of the order, if not earlier. 6. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE RSH/CT-ASC List No.: 1 Sl No.: 162