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2025 DAILYLAW 52425 (KAR)

SHIDDALINGAYYA G GUDDADMATH v. UNIVERSITY OF AGRICULTURAL SCIENCE

WP/107223/2023 · 2025-09-16

Suraj Govindaraj

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:12118 WP No. 107223 of 2023 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 16TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.107223 OF 2023 (S-R) BETWEEN: 1. SHIDDALINGAYYA G. GUDDADMATH, AGE: 76 YEARS, OCC. RETIRED UAS EMPLOYEE, R/O. GUDDADMATH ONI, KELAGERI, TQ. DIST. DHARWAD-580005. 2. B.M. MARITAMMANAVAR AGE: 67 YEARS, OCC. RETIRED UAS EMPLOYEE, R/O. NARENDRA, TQ. DIST. DHARWAD-580005. …PETITIONERS (BY SRI. B.V. SOMAPUR, ADVOCATE) AND: 1. UNIVERSITY OF AGRICULTURAL SCIENCE DHARWAD-580001, REP. BY ITS VICE CHANCELLOR. 2. THE REGISTRAR UNIVERSITY OF AGRICULTURAL SCIENCE, DHARWAD-580001. 3. ADMINISTRATIVE OFFICER UNIVERSITY OF AGRICULTURAL SCIENCE, DHARWAD-580001. 4. COMPTROLLER UNIVERSITY OF AGRICULTURAL SCIENCE, DHARWAD-580001. …RESPONDENTS (BY SRI. K.L. PATIL, ADVOCATE FOR R1 TO R4) Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:12118 WP No. 107223 of 2023 THIS WP IS FILED UNDER ORDER 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A. ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO CONSIDER THE REPRESENTATIONS GIVEN BY THE PETITIONER NO. 1 VIDE ANNEXURE-E, E1 TO E4 DATED. 17-07-2015, 09-06-2017, 11- 01-2021, 18-11-2022 AND 10-07-2023 AND REPRESENTATIONS GIVEN THE PETITIONER NO. 2 VIDE ANNEXURE-J, K AND L DATED 21-02-2023, 16-06-2023 AND 18-07-2023 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 ISSUED BY RESPONDENT NO.3 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 MONITORY BENEFITS WITH INTEREST FROM THE DATE OF THEIR RETIREMENT AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Shri K.L.Patil., learned counsel is directed to accept notice for respondents No.1 to 4. 2. The petitioners are before this Court seeking for the following reliefs: a. Issue a writ of mandamus directing the respondents to consider the representations given by the petitioner no. 1 vide Annexure-E, E1 to E4 dated. 17-07-2015, 09-06-2017, 11- - 3 - HC-KAR NC: 2025:KHC-D:12118 WP No. 107223 of 2023 01-2021, 18-11-2022 and 10-07-2023 and representations given the petitioner no. 2 vide Annexure-J, K and L dated 21-02-2023, 16-06- 2023 and 18-07-2023 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 issued by respondent no.3 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 monitory benefits with interest from the date of their retirement. 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. 3. The grievance of the petitioners is that the representations submitted by the petitioners at Annexure-E series as also Annexures-J, K, L, for grant of pensionary benefits to the petitioners, have not been considered. 4. Whenever any representations are submitted to the University, it is but required that the University to consider the said representations and pass necessary - 4 - HC-KAR NC: 2025:KHC-D:12118 WP No. 107223 of 2023 orders either accepting or rejecting. If rejecting accompanied by necessary reasons. None of them having been done, I pass the following; ORDER i. Writ petition is allowed. ii. A mandamus is issued, the respondents are directed to consider the representations of petitioner No.1 at Annexure-E series as also the representations of petitioner No.2 at Annexures-J, K, L and pass necessary orders within a period of four weeks from the date of receipt of certified copy of this order. iii. It is made clear that this Court has not expressed any opinion on the merits of the matter. Sd/- (SURAJ GOVINDARAJ) JUDGE AM CT:PA List No.: 1 Sl No.: 35