- 1 - NC: 2025:KHC:6938 WP No. 26638 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO. 26638 OF 2024 (S-RES) BETWEEN: PROF. DR. M. S. SUDHADEVI AGED ABOUT 57 YEARS W/O SRI. H. M. SHIVAPRASAD WORKING AS PRINCIPAL SARASWATHI LAW COLLEGE CHITRADURGA-577 501 PRESENTLY RESIDING AT: "PRASAD NILAYA" 3RD MAIN, II CROSS KELAGOTE NEAR MUNICIPAL COLONY CHITRADURGA-577 501 …PETITIONER (BY SRI. SRIKANTH M.P., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY TO GOVERNMENT LAW AND HUMAN RIGHTS Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:6938 WP No. 26638 of 2024 DEPARTMENT, VIDHANA SOUDHA DR. B R AMBEDKAR VEEDHI, BANGALORE-560 001 2. THE COMMISSIONER COLLEGIATE EDUCATION DEPARTMENT PALACE ROAD BENGALURU-560 001 3. THE REGIONAL JOINT DIRECTOR COLLEGIATE EDUCATION DEPARTMENT SHIVAMOGGA-577 203 …RESPONDENTS (BY SRI. SHIVAPRABHU HIREMATH, AGA) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER BARING NO. LAW -KLM/78/2023 (PART-1) BANGALORE DTD 30.08.2024 ISSUED BY THE R-1 VIDE ANNX-N AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.G.PANDIT - 3 - NC: 2025:KHC:6938 WP No. 26638 of 2024 ORAL ORDER The petitioner working as Principal of Saraswathi Law College, is before this Court under Article 226 of the Constitution of India, questioning the Government Order bearing No.LAW-KLM/78/2023 (Part-1) Bangalore dated 30.08.2024 (Annexure-N), whereby the Government Order dated 21.07.2023 granting UGC pay scale to the petitioner is withdrawn. Further, learned counsel for the petitioner has also sought for a direction to pay the salary of the petitioner fixed in pursuance of the order dated 24.07.2023 vide Annexure-L. 2. Heard Sri. M.P.Srikanth, learned counsel for the petitioner and Sri. Shivaprabhu Hiremath, learned Additional Government Advocate for respondent Nos.1 to 3. Perused the writ petition papers as well as the statement of objections filed on behalf of the respondents-State. 3. Learned counsel for the petitioner Sri. M.P.Srikanth would submit that the petitioner was promoted as Principal of Saraswathi Law College on 15.07.2001 and since then, the petitioner is working as Principal of the said College. It is submitted that the College was admitted to grant on - 4 - NC: 2025:KHC:6938 WP No. 26638 of 2024 26.08.2015. Subsequently, the petitioner acquired PHD Degree on 12.11.2020 and on acquiring the PHD Degree, the petitioner became entitled for UGC pay scale. Accordingly, on her request, under Order dated 25.11.2021 (Annexure-K), the petitioner was granted 2016 revised UGC pay scale with notional fixation and financial benefit from the date of the said order. It is the grievance of the petitioner that without affording any opportunity and without any notice, under Annexure-N, impugned order dated 30.08.2024, Government Order dated 21.07.2023 extending UGC pay scale is withdrawn, which affects her service condition and would result in civil consequence. Thus, learned counsel would pray to allow the petition. 4. Learned Additional Government Advocate Sri. Shivaprabhu Hiremath is not in a position to submit as to whether the respondents-Authorities have issued any notice before passing the impugned Government Order. 5. On hearing the learned counsel for the parties and on perusal of the writ petition papers, I am of the view that the petitioner to succeed only on the short ground of violation of principles of natural justice. - 5 - NC: 2025:KHC:6938 WP No. 26638 of 2024 6. Admittedly, the State Government under Government Order dated 25.11.2021 granted 2016 revised UGC pay scale to the petitioner on possessing PHD Degree with notional fixation and financial benefit from the date of the Government Order. Subsequently, without putting the petitioner on notice and without providing any opportunity, Annexure-N, Government Order dated 30.08.2024 is passed withdrawing the earlier Government Order granting UGC pay scale. The same would result in civil consequence and it would have adverse impact on the pay of the petitioner. Whenever any action results in civil consequence, the same shall be preceded by at least minimum of show-cause notice indicating the reasons for proposing to withdraw such benefit. In the instant case, as there is no notice before withdrawing the benefit granted to the petitioner, I am of the view that only on the short ground of violation of principles of natural justice, the petitioner has to succeed. Hence, the following: ORDER (a) Writ petition is allowed; (b) The Government Order bearing No.LAW- KLM/78/2023 (Part-1) Bangalore dated 30.08.2024 (Annexure-N) is quashed; - 6 - NC: 2025:KHC:6938 WP No. 26638 of 2024 (c) The respondents are directed to issue show- cause notice to the petitioner indicating the reasons for withdrawing the earlier Government Order by affording sufficient time to the petitioner to submit her reply and thereafter pass an appropriate order in accordance with law. All contentions of the parties are left open. Sd/- (S.G.PANDIT) JUDGE SMJ List No.: 1 Sl No.: 4