- 1 - HC-KAR NC: 2025:KHC:39951-DB WA No. 1453 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE RAJESH RAI K WRIT APPEAL NO. 1453 OF 2024 (S-RES) BETWEEN: SRI KRISHNEGOWDA M S/O CHIKKAMARIGOWDA AGED ABOUT 64 YEARS RETIRED DIRECTOR OF PHYSICAL EDUCATION, VIDYAVARDHAKA LAW COLLEGE, SHESHADRI IYER ROAD, MYSORE - 570021 RESIDING AT 113, 5TH MAIN, 'D' BLOCK, VIJAYANAGAR, 3RD STAGE, MYSORE - 570 021 …APPELLANT (BY SRI. RANGANATHA S JOIS., ADVOCATE (VC)) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF LAW , JUSTICE AND HUMAN RIGHTS, VIDHANA SOUDHA, DR B R AMBEDKAR VEEDHI BANGALORE - 560 001 REP BY ITS PRINCIPAL SECRETARY 2. THE COMMISSIONER DEPARTMENT OF COLLEGIATE EDUCATION PALACE ROAD, BANGALORE- 560 001. Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:39951-DB WA No. 1453 of 2024 3. THE JOINT DIRECTOR REGIONAL OFFICE DEPARTMENT OF COLLEGIATE EDUCATION VINOBA ROAD, MYSORE - 570 021 4. THE REGISTRAR KARNATAKA STATE LAW UNIVERSITY NAVANAGAR, HUBLI - 570 021. 5. THE SECRETARY VIDYAVARDHAKA SANGHA (R) SHESHADRI IYER ROAD MYSORE - 570 021 REPRESENTED BY ITS SECRETARY 6. THE PRINCIPAL VIDYAVARDHAKA SANGHA (R) SHESHADRI IYER ROAD, MYSORE - 570 021. …RESPONDENTS (BY SRI. M.N.SUDEV HEGDE, AGA FOR R-1 TO R-3; SRI. AJAY.N., ADVOCATE FOR R-5; R-4 & R-6 ARE SERVED AND UNREPRESENTED) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO CALL FOR THE ENTIRE RECORDS RELATING TO THE IMPUGNED ORDER PASSED BY THE LEARNED SINGLE JUDGE DATED 25/04/2024 MADE IN WP NO.32873/2018, PERUSE AND QUASH THE SAID ORDERS AS ERRONEOUS AND NOT IN ACCORDANCE WITH LAW, ETC. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE RAJESH RAI K - 3 - HC-KAR NC: 2025:KHC:39951-DB WA No. 1453 of 2024 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) The instant writ appeal has been filed impugning the order dated 25.04.2024. 2. The petitioner filed the Writ Petition No.32873/2018 (S-RES) assailing the endorsement dated 20.06.2018 issued by the Joint Director, Department of Collegiate Education, Mysore, wherein the representation seeking re-fixation of his salary for the period of service rendered by him during the unaided period from 20.03.1988 to 2007, was rejected. 3. The petitioner was appointed as Lecturer in the respondent No.5-Institution on 20.03.1988 and respondent No.5 received grant-in-aid only with effect from 26.08.2015. After the respondent No.5-Institution received grant-in-aid, the petitioner started receiving the UGC pay scale for the post of Lecturer from the said date. As per clause 9 of the Government Order whereby the grant-in-aid was granted to respondent No.5-Institution, the teaching and non-teaching staff of the 5th respondent-Institution were required to execute an undertaking on Rs.50/- stamp paper stating that they would not claim any benefit for the previous services rendered by - 4 - HC-KAR NC: 2025:KHC:39951-DB WA No. 1453 of 2024 them for the un-aided period. The petitioner and other teaching and non teaching staff agreed and executed the affidavit, which would clearly demonstrate that they would not claim any benefits for the service rendered by them during the unaided period. After executing the said undertaking agreeing with the condition that they would not claim any benefits for the service rendered by them during the unaided period, the petitioner had filed writ petition in the year 2018 claiming re- fixation of salary for the period from 1988 to 2007. 4. Learned counsel for the appellant would submit that the undertaking required by the Government for granting grant-in- aid is against the law and not binding on the petitioner and others. 5. We may note that learned Single Judge has noted the settlement arrived at between the petitioner and respondent No.5-Institution. 6. Once the petitioner has himself settled the issue with the respondent/College and had given an undertaking to the Government agreeing with the condition precedent for granting the grant-in-aid, he cannot resile from the undertaking and come before this Court seeking the relief after three years from the date of grant-in-aid. - 5 - HC-KAR NC: 2025:KHC:39951-DB WA No. 1453 of 2024 7. Therefore, we find that neither there is any merit nor any ground to interfere with the impugned judgment and order passed by the learned Single Judge. Accordingly the appeal stands dismissed. Sd/- (D K SINGH) JUDGE Sd/- (RAJESH RAI K) JUDGE NG List No.: 1 Sl No.: 14