The State Of Karnataka v. Suresh So Totappa Dundur And Others
WA/100002/2024 · 2025-09-04
S Sunil Dutt Yadav, Vijaykumar A Patil
body2025
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[ 2025 DAILYLAW 59829 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 59829 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-D:11338-DB WA No. 100002 of 2024
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 4TH DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL WRIT APPEAL NO. 100002 OF 2024 (S-RES)
BETWEEN:
1. THE STATE OF KARNATAKA, REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY, HIGHER EDUCATION DEPARTMENT COLLEGIATE, M. S. BUILDING, DR. B. R. AMBEDKAR ROAD, BENGALURU-560001. 2. THE COMMISSIONER, DEPARTMENT OF TECHNICAL EDUCATION, PALACE ROAD, BENGALURU-560001. 3. THE DIRECTOR, TECHNICAL EDUCATION DEPARTMENT, PALACE ROAD, BENGALURU-560001. …APPELLANTS (BY SRI. V. S. KALASURMATH, AGA)
AND:
1. SURESH S/O. TOTAPPA DUNDUR, AGE: 62 YEARS, OCC: RETIRED PROFESSOR, DEPARTMENT OF INDUSTRIAL PRODUCTION, R/O. C/O. SHRI BASAVESHWAR ENGINEERING COLLEGE, (AIDED), BAGALKOTE, DIST. BAGALKOT-587101. 2. VINOD S/O. SHANKARRAO PURANIK, AGE 61 YEARS, OCC PROFESSOR,
Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench
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HC-KAR NC: 2025:KHC-D:11338-DB WA No. 100002 of 2024
DEPARTMENT OF INDUSTRIAL PRODUCTION, R/O. C/O. SHRI BASAVESHWAR ENGINEERING COLLEGE, (AIDED), BAGALKOT, DIST. BAGALKOT-587101. 3. CHANNAPPA S/O. MUTHAPPA JAVALAGI, AGE: 56 YEARS, OCC ASSOCIATE PROFESSOR, DEPARTMENT OF INDUSTRIAL PRODUCTION, R/O. C/O. SHRI BASAVESHWAR ENGINEERING COLLEGE, (AIDED), BAGALKOT, DIST. BAGALKOT-587101. 4. DAYANAND S/O. GURULINGAYYA MALLAPUR, AGE: 60 YEARS, OCC: ASSOCIATE PROFESSOR, DEPARTMENT OF INDUSTRIAL PRODUCTION, R/O. C/O. SHRI BASAVESHWAR ENGINEERING COLLEGE, (AIDED), BAGALKOT, DIST. BAGALKOT-587101. 5. SHREESHAILAPPA S/O. RAJENDRA PHARSIYAVAR, AGE: 54 YEARS, OCC: ASSISTANT PROFESSOR, DEPARTMENT OF INDUSTRIAL PRODUCTION, R/O. C/O. SHRI BASAVESHWAR ENGINEERING COLLEGE, (AIDED), BAGALKOT, DIST. BAGALKOT-587101. 6. SATISH S/O. BASAPPA HAVARAGI, AGE: 58 YEARS, OCC: FOREMAN, DEPARTMENT OF INDUSTRIAL PRODUCTION, R/O. C/O. SHRI BASAVESHWAR ENGINEERING COLLEGE, (AIDED), BAGALKOT, DIST. BAGALKOT-587101. 7. PANCHAKSHARAYYA S/O. SANGAYYA BHAVIMATH, AGE 53 YEARS, OCC: INSTRUCTOR, DEPARTMENT OF INDUSTRIAL PRODUCTION, R/O. C/O. SHRI BASAVESHWAR ENGINEERING COLLEGE, (AIDED), BAGALKOT, DIST. BAGALKOT-587101. 8. SHASHIDHAR S/O. VEERABHADRAPPA SORABAD, AGE: 59 YEARS, OCC: ASSISTANT INSTRUCTOR,
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DEPARTMENT OF INDUSTRIAL PRODUCTION, R/O. C/O. SHRI BASAVESHWAR ENGINEERING COLLEGE, (AIDED), BAGALKOT, DIST. BAGALKOT-587101. 9. MAHANTAPPA S/O. SHEKHARAPPA BEWOOR, AGE: 55 YEARS, OCC: MECHANIC, DEPARTMENT OF INDUSTRIAL PRODUCTION, R/O. C/O. SHRI BASAVESHWAR ENGINEERING COLLEGE, (AIDED), BAGALKOT, DIST. BAGALKOT-587101. 10. PRAKASH S/O. FAKEERAPPA BHAJANTRI, AGE: 50 YEARS, OCC: ASSISTANT (HELPER), DEPARTMENT OF INDUSTRIAL PRODUCTION, R/O. C/O. SHRI BASAVESHWAR ENGINEERING COLLEGE, (AIDED), BAGALKOT, DIST. BAGALKOT-587101. 11.
MALLAPPA S/O. VEERABHADRAPPA GOUDAR, AGE: 55 YEARS, OCC: ASSISTANT (HELPER), DEPARTMENT OF INDUSTRIAL PRODUCTION, R/O. C/O. SHRI BASAVESHWAR ENGINEERING COLLEGE, (AIDED), BAGALKOT, DIST. BAGALKOT-587101. 12. SALIM S/O. MUKTUMSAB IDDALAGI, AGE: 62 YEARS, OCC ASSOCIATE PROFESSOR, DEPARTMENT OF ELECTRONICS & COMMUNICATION, R/O. C/O. SHRI BASAVESHWAR ENGINEERING COLLEGE, (AIDED), BAGALKOT, DIST. BAGALKOT-587101. 13. PANDURANGRAO S/O. NARAYANRAO KULKARNI, AGE: 57 YEARS, OCC: ASSOCIATE PROFESSOR, DEPARTMENT OF ELECTRONICS & COMMUNICATION, R/O. C/O. SHRI BASAVESHWAR ENGINEERING COLLEGE, (AIDED), BAGALKOT, DIST. BAGALKOT-587101. 14. SAROJINI BASATTEPPA KULLOLLI, AGE: 59 YEARS, OCC: ASSOCIATE PROFESSOR,
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DEPARTMENT OF ELECTRONICS & COMMUNICATION, R/O. C/O. SHRI BASAVESHWAR ENGINEERING COLLEGE, (AIDED), BAGALKOT, DIST. BAGALKOT-587101. 15. ANAND S/O. HANAMANT UNNIBHAVI, AGE: 47 YEARS, OCC: ASSISTANT PROFESSOR, DEPARTMENT OF ELECTRONICS & COMMUNICATION, R/O. C/O. SHRI BASAVESHWAR ENGINEERING COLLEGE, (AIDED), BAGALKOTE, DIST. BAGALKOT-587101. 16. BASAVAPRABHU S/O. GURULINGAPPA SHEEPARAMATTI, AGE: 61 YEARS, OCC ASSISTANT PROFESSOR, DEPARTMENT OF ELECTRONICS & COMMUNICATION, R/O. C/O. SHRI BASAVESHWAR ENGINEERING COLLEGE, (AIDED), BAGALKOT, DIST. BAGALKOT-587101. 17. SOMU S/O. PUNDALIK PARANDE, AGE: 46 YEARS, OCC: ASSISTANT PROFESSOR, DEPARTMENT OF ELECTRONICS & COMMUNICATION, R/O. C/O. SHRI BASAVESHWAR ENGINEERING, COLLEGE, (AIDED), BAGALKOT, DIST. BAGALKOT-587101. 18. SHRIDEVI CHANDRASHEKHAR HIREMATH, AGE: 59 YEARS, OCC: ASSISTANT PROFESSOR, DEPARTMENT OF ELECTRONICS & COMMUNICATION, R/O. C/O. SHRI BASAVESHWAR ENGINEERING COLLEGE, (AIDED), BAGALKOT, DIST. BAGALKOT-587101. 19. SHANKARAYYA S/O. GURUMURTHY KAMBALIMATH, AGE: 53 YEARS, OCC: ASSOCIATE PROFESSOR, DEPARTMENT OF ELECTRONICS & COMMUNICATION, R/O. C/O. SHRI BASAVESHWAR ENGINEERING COLLEGE, (AIDED), BAGALKOTE, DIST. BAGALKOT-587101. 20. VEERESH S/O. SHEKHARAPPA B.,
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AGE: 57 YEARS, OCC: ASSISTANT PROFESSOR, DEPARTMENT OF ELECTRONICS & COMMUNICATION, R/O. C/O. SHRI BASAVESHWAR ENGINEERING COLLEGE, (AIDED), BAGALKOT, DIST. BAGALKOT-587101. 21. ASHOK S/O. VEERAPPA SUTAGUNDAR, AGE 45 YEARS, OCC: ASSISTANT PROFESSOR, DEPARTMENT OF ELECTRONICS & COMMUNICATION, R/O. C/O. SHRI BASAVESHWAR ENGINEERING COLLEGE, (AIDED), BAGALKOT, DIST. BAGALKOT-587101. 22. MAMATA KRISHNAPPA DASANAGOUDAR, AGE: 50 YEARS, OCC: ASSISTANT PROFESSOR, DEPARTMENT OF ELECTRONICS & COMMUNICATION, R/O. C/O. SHRI BASAVESHWAR ENGINEERING COLLEGE, (AIDED), BAGALKOT, DIST. BAGALKOT-587101. 23.
AMARESH S/O. PARAPPA NAGUR, AGE: 61 YEARS, OCC: FOREMAN, DEPARTMENT OF ELECTRONICS & COMMUNICATION, R/O. C/O. SHRI BASAVESHWAR ENGINEERING COLLEGE, (AIDED), BAGALKOT, DIST. BAGALKOT-587101. 24. SHIVAKUMAR S/O. SANGAYYA BHAVIMATH, AGE: 56 YEARS, OCC: INSTRUCTOR, DEPARTMENT OF ELECTRONICS & COMMUNICATION, R/O. C/O. SHRI BASAVESHWAR ENGINEERING COLLEGE, (AIDED), BAGALKOTE, DIST. BAGALKOT-587101. 25. PRASAD S/O. PRALHADRAO UMARJI, AGE: 52 YEARS, OCC: ASSISTANT INSTRUCTOR, DEPARTMENT OF ELECTRONICS & COMMUNICATION, R/O. C/O. SHRI BASAVESHWAR ENGINEERING COLLEGE, (AIDED), BAGALKOT, DIST. BAGALKOT-587101. 26. RAVIRAJ S/O. SHASHIDHAR HONNYAL,
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AGE: 54 YEARS, OCC: MECHANIC, DEPARTMENT OF ELECTRONICS & COMMUNICATION, R/O. C/O. SHRI BASAVESHWAR ENGINEERING COLLEGE, (AIDED), BAGALKOT, DIST. BAGALKOT-587101. 27. GURUPADAPPA SO BHIMAPPA CHALAVADI, AGE: 52 YEARS, OCC: ASSISTANT (HELPER), DEPARTMENT OF ELECTRONICS & COMMUNICATION, R/O. C/O. SHRI BASAVESHWAR ENGINEERING COLLEGE, (AIDED), BAGALKOTE, DIST. BAGALKOT-587101. 28. SHRISHAIL S/O. SIDDAPPA BAGALI, AGE: 57 YEARS, OCC: ASSISTANT (HELPER), DEPARTMENT OF ELECTRONICS & COMMUNICATION, R/O. C/O. SHRI BASAVESHWAR ENGINEERING COLLEGE, (AIDED), BAGALKOT, DIST. BAGALKOT-587101. 29. SANTOSH S/O. JALAPPA MUNDARAGI, AGE: 37 YEARS, OCC: ASSISTANT (HELPER), DEPARTMENT OF ELECTRONICS & COMMUNICATION, R/O. C/O. SHRI BASAVESHWAR ENGINEERING COLLEGE, (AIDED), BAGALKOT, DIST. BAGALKOT-587101. 30. ANANT S/O. SUSHILENDRA OMKAR, AGE: 55 YEARS, OCC: SUPERINTENDENT, DEPT. OF ADMINISTRATION, R/O. C/O. SHRI BASAVESHWAR ENGINEERING COLLEGE, (AIDED), BAGALKOT, DIST. BAGALKOT-587101. 31. SHEKHARAPPA S/O. ANDANEPPA HALLUR, AGE: 60 YEARS, OCC: RETIRED FDA, DEPT. OF ADMINISTRATION, R/O. C/O. SHRI BASAVESHWAR ENGINEERING COLLEGE, (AIDED), BAGALKOT, DIST. BAGALKOT-587101. 32. SHIVANAND S/O. KOTRAPPA BUGATI,
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AGE: 52 YRS, OCC: SDA, DEPT. OF ADMIN, R/O. C/O. SHRI BASAVESHWAR ENGINEERING COLLEGE, (AIDED), BAGALKOT, DIST. BAGALKOT-587101. 33. SHIVAYOGI S/O. FAKEERAPPA MADIWALAKAR, AGE: 47 YEARS, OCC: SDA, DEPT. OF ADMINISTRATION, R/O. C/O. SHRI BASAVESHWAR ENGINEERING COLLEGE, (AIDED), BAGALKOT, DIST. BAGALKOT-587101. 34. SHIVAYYA S/O. ANDANAYYA HIREHAL, AGE: 58 YEARS, OCC: GROUP-D, DEPT. OF ADMINISTRATION, R/O. C/O. SHRI BASAVESHWAR ENGINEERING COLLEGE, (AIDED), BAGALKOT, DIST. BAGALKOT-587101. 35. RAVINDRA S/O. PARVATEPPA GALAPAGOL, AGE: 63 YEARS, OCC: GROUP-D (RETIRED), DEPT. OF ADMIN, R/O. C/O. SHRI BASAVESHWAR ENGINEERING COLLEGE, (AIDED), BAGALKOT, DIST. BAGALKOT-587101. 36.
THE PRINCIPAL, BASAVESHWAR ENGINEERING COLLEGE (AIDED) VIDYANAGAR, BAGALKOT-587102. …RESPONDENTS (NOTICE TO R1 TO R7 AND R9 TO R36 SERVED; R8-DECEASED)
THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING TO ALLOW THE WRIT APPEAL AND SET ASIDE THE IMPUGNED ORDER DATED 07-12-2022 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON BLE COURT IN WP NO.105373/2022 (S-RES). THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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HC-KAR NC: 2025:KHC-D:11338-DB WA No. 100002 of 2024
CORAM: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL
ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL)
This appeal is filed by the State challenging the order of the learned Single Judge dated 07.12.2022 passed in W.P.No.105373/2022 and connect matter (S-RES). The operative portion of the direction issued by the learned Single Judge reads as under:
“i. The writ petitions are allowed. ii. The 1st respondent is hereby directed to include the teaching and non-teaching staff working in the Industrial Production and Electronic and Communication Engineering Courses run by the 2nd petitioner – College with salary grant w.e.f. 4.6.2010 and release the monetary benefits to the petitioners and in case six persons, who were initially found to be ineligible, the 1st respondent to consider their case for extending the salary grant as per proposal dated 4.2.2020 submitted by the 3rd respondent at Annexure-K. If the 1st respondent finds that the six persons are also entitled for salary grant, the 1st respondent to release all the
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monetary benefits to the said six persons w.e.f.
4.6.2010. iii. The said exercise shall be completed within four months from the date of receipt of certified copy of this
order.”
2. Learned AGA appearing for the appellant – State submits that the State has raised various contentions to challenge the order of the learned Single Judge. However, during the pendency of the appeal, the State complied with the direction issued by the learned Single Judge and the same was reported in contempt proceedings and accordingly, the contempt proceedings were closed. He submits that in view of the compliance with the order of the learned Single Judge by the appellant - State, he seeks to dispose of the appeal.
3. We have heard the arguments of the learned AGA and perused the material available on record.
4. The appellant - State filed an affidavit in CCC.No.100281/2023 and the contempt proceedings were closed by the Co-ordinate Bench vide order dated 14.02.2024. The relevant observations in the aforesaid order read as under:
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“4. Today, affidavit dated 13.02.2024, of accused No.2 is filed enclosing three documents i.e., Annexure-R1 – Government Order No.ED 47 TEC 2024, Bengaluru, dated 09.02.2024, sanctioning grant-in-aid to 29 teaching and non-teaching staff from 04.06.2010 on certain terms and conditions and rejected the case of six non-teaching staff to admit them to grant stating that they do not possess the qualification as on that date. The said affidavit - 10 - NC: 2024:KHC-D:3475-DB CCC No.100281 of 2023 is taken on record. This Court, in its
order dated 07.12.2022 has made it clear that if respondents find that if six persons are also entitled for salary grant, the 1st respondent to release all the monetary benefits to the said six persons w.e.f.
4.6.2010. In terms of the said order, discretion was vested with the respondents-accused to verify their entitlement. We are of the considered opinion that there is substantial compliance of the order of this Court. If the complainants are aggrieved, they are at liberty to challenge the said order before the appropriate forum. All
contentions are kept open. With the above, contempt proceedings dropped.”
5. It is brought to our notice that the said contempt proceedings were revived and further compliance memo was filed by the appellant after such revival and the same was placed on record and the Co-ordinate Bench vide order dated
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22.08.2024 closed the contempt proceedings. We have also perused the order of the learned Single Judge. The learned Single Judge taking note of the rival contentions at paragraph No.10 has recorded a clear finding and allowed the petition. We do not find any error in the said finding. For the aforementioned reasons, the writ appeal is disposed of. In view of the disposal of the appeal, pending IAs, if any, stands disposed of.
Sd/- (S.SUNIL DUTT YADAV) JUDGE
Sd/- (VIJAYKUMAR A.PATIL) JUDGE
ABK /CT-AN List No.: 1 Sl No.: 9