- 1 - HC-KAR NC: 2025:KHC-D:13422 WP No. 112469 of 2017 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 25TH DAY OF SEPTEMBER 2025 BEFORE THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR WRIT PETITION NO. 112469 OF 2017 (S-R) BETWEEN: 1. S.C. PATIL S/O. CHANDRASHEKARGOUDA PATIL, AGED ABOUT 70 YEARS, RETD. SELECTION GRADE LIBRARIAN, J.T.COLLEGE, GADAG-582101, R/AT: CITB PLOT NO.283, RAJAJINAGAR, SATTUR, DHARWAD-580009. 2. JEEVAN RAO H. DESAI S/O. HANUMANT RAO DESAI, AGED ABOUT 71 YEARS, RETD. SELECTION GRADE PHYSICAL EDUCATION DIRECTOR, KLS GOGTE COLLEGE OF COMMERCE, BELAGAVI-590006, R/AT: PLOT NO.69, SRI MAD RAGHAVENDRA CO-OPERATIE HOUSING SOCIETY, RANICHANNAMMA NAGAR, BELAGAVI-590006. 3. N.C.HIREMATH S/O. CHANNABASAYYA HIREMATH, AGED ABOUT 70 YEARS, RETD. SELECTION GRADE LIBRARIAN, BASAVESHWAR SCIENCE COLLEGE, BAGALKOT-587101, SAMREEN AYUB DESHNUR SAMREEN AYUB DESHNUR HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:13422 WP No. 112469 of 2017 R/AT: RAJATGIRI 3RD MAIN, KALAGHATGI ROAD, DHARWAD-580020. 4. I.S.BIRADAR, S/O. SIDDALINGAPPA BIRADAR, AGED ABOUT 70 YEARS, SELECTION GRADE PHYSICAL CULTURE INSTRUCTOR, BLDE’S NEW ARTS COLLEGE, TIKOTA-586130, VIJAYAPURA DISTRICT, R/AT: C/O. S.I.BIRADAR, HOUSE NO.204 G-4, 2ND FLOOR, MADHURA PLOTS, MADHURA ESTATE, HUBBALLI-580023. 5. S.S.KORI S/O. SHANKRAPPA KORI, AGED ABOUT 74 YEARS, RETD. SELECTION GRADE PHYSICAL CULTURE INSTRUCTOR, A.S.PATIL COLLEGE OF COMMERCE, VIJAYAPURA-586101, R/AT: C/O. I.S.PUJAR, ’SRI. BASAVA KRIPA’, 5TH CROSS, MARATHA COLONY, DHARWAD-580008. 6. R.A.PUJARI S/O. APPANNA PUJARI, AGED ABOUT 74 YEARS, RETD. PHYSICAL CULTURE INSTRUCTOR, SHIVANAND COLLEGE, KAGWAD-591223, BELAGAVI DISTRICT, R/AT: PATIL GALLI, KAGWAD-591223, BELAGAVI DISTRICT. 7. A.R.DHARWADKAR S/O. R.Y.DHARWADKAR, AGED ABOUT 66 YEARS, RETD. ASSOCIATE PROFESSOR LIBRARIAN, JSS COLLEGE, DHARWAD-580004, - 3 - HC-KAR NC: 2025:KHC-D:13422 WP No. 112469 of 2017 R/AT: ‘SATYADEEP’, NEAR WATER TANK, SARASWATPUR, DHARWAD-580002. …PETITIONERS (BY SRI. K.B.MURALIDHAR, ADVOCATE) AND: 1. STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, EDUCATION DEPARTMENT (HIGHER EDUCATION), M.S.BUILDING, BENGALURU-560001. 2. THE COMMISSIONER FOR COLLEGIATE EDUCATION IN KARNATAKA, BENGALURU-560001. …RESPONDENTS (BY SRI. ASHOK T.KATTIMANI, ADDL. GOVT. ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF MANDAMUS, DIRECTING THE RESPONDENTS TO PAY THE INTEREST @ 9% PER ANNUM, ON THE AMOUNTS REFUNDED TO THE PETITIONERS PURSUANT TO THE ORDERS OF THIS HON'BLE COURT, VIDE GOVERNMENT ORDERS DATED 01.02.2014, 16.01.2014 AND 01.02.2014 (ANNEXURE - D, E & F) IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC-D:13422 WP No. 112469 of 2017 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR) In this petition, petitioner seeks the following reliefs. i) Issue WRIT OF MANDAMUS, directing the Respondents to pay the Interest @ 9% per annum, on the amounts refunded to the Petitioners pursuant to the Orders of this Hon'ble Court, vide Government Orders dated 01.02.2014, 16.01.2014 and 01.02.2014 (Annexure - D, E & F) in the interest of justice and equity. ii) Pass such other Order/orders as this Hon'ble Court deems fit and just in the matter in the interest of justice and equity. 2. Heard the learned counsel for the petitioners, learned AGA for respondents and perused the material on record. 3. A perusal of the material on record will indicate that pursuant to order passed by this Court in WP No.30146/2008, the respondents passed orders vide Annexures-D, E and F dated 01.02.2014, 16.01.2014 and 01.02.2014 respectively and refunded the amounts back to - 5 - HC-KAR NC: 2025:KHC-D:13422 WP No. 112469 of 2017 the petitioners. However, since the request of the petitioners to pay interest at 9% per annum on the amounts which was recovered by the respondents from the petitioners and thereafter, refunded back to them was not considered by the respondents despite submission of representation, the petitioners are before this Court by way of the present petition. 4. It is contended that under identical circumstances, the respondents have granted interest on the refund amounts in favour of those persons who are also beneficiaries of the aforesaid orders as per Annexures-G and K dated 25.04.2014 and 05.08.2016 respectively and the representation submitted by the petitioners at Annexure-J dated 12.07.2016, has not been considered and as such, necessary directions may be issued to the respondents. 5. In support of the submission, learned counsel for the petitioners placed reliance on the judgments passed by this Court in WP Nos.83121-83139 of 2013 and WP - 6 - HC-KAR NC: 2025:KHC-D:13422 WP No. 112469 of 2017 No.1914-1921 of 2015 disposed off on 26.09.2013 and 09.12.2015 respectively. 6. Per contra, learned AGA submits that if reasonable time is granted, the respondents would address the grievances of the petitioners and consider the representation dated 12.07.2016 at Annexure-J and thereafter, proceed further in accordance with law. 7. In view of the aforesaid facts and circumstances and submission made on behalf of the respondents-State, I deem it just and appropriate disposal of this petition directing the respondents to address the grievances of the petitioners and pass appropriate orders/take appropriate decision on the representation of the petitioners at Annexure-J dated 12.07.2016, bearing in mind the Government Orders at Annexures-G and K dated 25.04.2014 and 05.08.2016 respectively, as well as the judgment of this Court stated supra, and in accordance with the law within a period of two (2) months from the date of receipt of the copy of this order. - 7 - HC-KAR NC: 2025:KHC-D:13422 WP No. 112469 of 2017 8. Subject to the aforesaid directions, the present petition stands disposed of. Sd/- (S.R. KRISHNA KUMAR) JUDGE SMM / Ct:VH List No.: 1 Sl No.: 4