- 1 - HC-KAR NC: 2025:KHC:40088 WP No. 19804 of 2021 C/W WP No. 51619 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 19804 OF 2021 (S-RES) C/W WRIT PETITION NO. 51619 OF 2019 (S-RES) IN WP No. 19804/2021 BETWEEN: DR. G.HARESSH S/O C.GOWDA CHITTAPPA AGED ABOUT 63 YEARS RETIRED PROFESSOR OF MECHANICAL ENGINEERING DEPARTMENT OF UVCE, K.R.CIRCLE BANGALORE-560001 R/T NO.33, VINAYAKA LAYOUT SALIKERE POST, RAMACHANDRA BANGALORE-560060. …PETITIONER (BY SRI. VIJAYA KUMAR., ADV.) AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY HIGHER EDUCATION DEPARTMENT, M.S.BUILDING, DR.B.R.AMBEDKAR VEEDHI, Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:40088 WP No. 19804 of 2021 C/W WP No. 51619 of 2019 BANGALORE-560001. 2. THE REGISTRAR GNANA BHARATI CAMPUS, BANGALORE UNIVERSITY, BANGALORE 560056. …RESPONDENTS (BY SRI. B.J.ESHWARAPPA, AGA FOR R1; SRI. B PRAMOD, ADV. FPR R2) THIS W.P. FILED PRAYING TOCALL FOR RECORDS RELATING TO RELEASE OF THE LEAVE ENCASHMENT AMOUNT BY THE R-2 DTD.15.07.2021 VIDE ANEXURE-F AND AFTER PERUSAL SET ASIDE THE SAME IN SO FAR AS IT RELATES TO RECOVERY OF A SUM OF RS.2,92,393/- PLUS RS.6,13,292/- TOWARDS THE ALLEGED EXCESS HRA AND DA PAID TO THE PETITIONER FOR THE PERIOD 01.01.2006 TO 06.3.2011 AND ETC., IN WP NO. 51619/2019 BETWEEN: 1. DR. NARENDRA KUMAR G S/O LATE GURUMURTHY, AGED ABOUT 59 YEARS, WORKING AS PROFESSOR, DEPARTMENT OF ELECTRONICS AND COMMUNICATION, UNIVERSITY OF VISVESVARAYA - 3 - HC-KAR NC: 2025:KHC:40088 WP No. 19804 of 2021 C/W WP No. 51619 of 2019 COLLEGE OF ENGINEERING, K R CIRCLE, BANGALORE 560001 2. DR SHIVARUDRAIAH S/O VEERAIAH, AGED ABOUT 54 YEARS, WORKING AS PROFESSOR, DEPARTMENT OF MECHANICAL ENGINEERING, UVCE, K R CIRCLE, BANGALORE 560001 3. DR. B SHANTHAVEERANA GOWDA S/O MUGANAGOWDA G, AGED ABOUT 57 YEARS, PROFESSOR, CIVIL ENGINEERING DEPARTMENT, BANGALORE UNIVERSITY, GNANABHARATHI CAMPUS, BANGALORE 560056 4. DR. G HAREESH S/O C GOWDA CHITTAPPA, AGED ABOUT 61 YEARS, PROFESSOR, DEPARTMET OF MEDICAL ENGINEERING UVCE, K R CIRCLE, BANGALORE 560001 ...PETITIONERS (BY SRI. VIJAYA KUMAR., ADV.) AND: 1. STATE OF KARNATAKA REP BY ITS PRINCIPAL SECRETAY - 4 - HC-KAR NC: 2025:KHC:40088 WP No. 19804 of 2021 C/W WP No. 51619 of 2019 HIGHER EDUCATION DEPARTMENT, M S BUILDING, DR B R AMBEDKAR VEEDHI, BANGALORE 560001 2. THE REGISTRAR GNANABHARATHI CAMPUS, BANGALORE UNIVERSITY, BANGALORE 560056 3. ALL INDIA COUNCIL FOR TECHNICAL EDUCATION REP. BY ITS SECRETARY, HEAD OFFICE, NELSON MANDELA MARG, VASANT KUNJ, NEW DELHI 110070 ...RESPONDENTS (BY SRI. B.J.ESHWARAPPA, AGA FOR R1; SRI. B PRAMOD, ADV. FPR R2 & SRI. H.R.SHOWRI, ADV. FOR R3) THIS W.P. FILED PRAYING TO CALL FOR RECORDS RELATING TO ISSUE OF THE IMPUGNED NOTICE DTD.24.10.2019 ISSUED BY THE R-2 TO THE PETITIONER NO.1 TO 4 VIDE ANNEXURE-H, H1, H2, H3 AND AFTER PERUSAL SET ASIDE THE SAME AND ETC., THIS PETITION, COMING ON FOR 'PRELIMINARY HEARING IN 'B' GROUP', THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 5 - HC-KAR NC: 2025:KHC:40088 WP No. 19804 of 2021 C/W WP No. 51619 of 2019 CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER The petitioner filed a writ petition in W.P.No.19804/2021 seeking directions to release the withheld alleged excess HRA and DA recovered from him towards leave encashment amount together with interest at the rate of 12% per annum. 2. The petitioners filed a writ petition in W.P.No.51619/2019 seeking directions to respondent No.2 to release the already withheld/recovered amount from the salary pursuant to the impugned notice dated 24.10.2019 at Annexures - H, H1, H2 and H3. 3. Brief facts, leading rise to the filing of these writ petitions are as follows: The petitioners are retired as a Professor in Department of Mechanical Engineering, and they are - 6 - HC-KAR NC: 2025:KHC:40088 WP No. 19804 of 2021 C/W WP No. 51619 of 2019 aggrieved by the University decision to recover certain amount as excess Dearness and house rent allowances paid to them for the period between 01.01.2006 and 06.03.2011. The similarly placed persons have filed a writ petition in W.P.No.39398/2019 against the said decision to recover such amount. The similarly placed persons also filed writ petition in W.P.Nos.9019/2020 against the decision to recover such amount from revision benefits. Respondent No.2 did not consider the representations submitted by the petitioners. Hence, these writ petitions. 4. Heard the learned counsel for the petitioners, and also the learned counsel for respondent No.2. 5. Learned counsel for the petitioners submits that a direction be issued to the University not to recover and to refund the amount already recovered, and relies upon the communication dated 18.07.2024. Further, he submit that the University be directed to refund the amount with - 7 - HC-KAR NC: 2025:KHC:40088 WP No. 19804 of 2021 C/W WP No. 51619 of 2019 amount recovered within a period of three months from the alleged excess DA and HRA from the benefits payable in terms of the revised UGC pay scale. In identical matters, this Court has already directed respondent No.2 to refund the amount recovered. He submit that the petitioners are entitled to the same benefit on the ground of parity. Hence, on these grounds, he prays to allow the writ petitions. 6. Per contra, learned counsel for respondent No.2 submit that the writ petitions may be disposed of in terms of the order passed by the Co-ordinate Bench of this Court in W.P.No.9019/2020 C/w W.P.No.39398/2019, disposed of on 25.07.2024. 7. Perused the records, and considered the submissions of the learned counsel for the parties. - 8 - HC-KAR NC: 2025:KHC:40088 WP No. 19804 of 2021 C/W WP No. 51619 of 2019 8. At paragraph No.5 of the order in W.P.No.9019/2020 C/w W.P.No.39398/2019 the Co-ordinate Bench has observed as follows: 5. This Court must observe that the Communication dated 18.07.2024 is in view of this Court's orders and with the concurrence of the Finance Department on 21.06.2024 in the case similarly circumstances persons but under the aegis of the Department of Higher Education. A decision is taken as could be seen from the Communication dated 18.07.2024. This Court must opine that only because a formal order has not been issued in the name of the Governor, as is required under Article 264 of the Constitution of India, the petitions need not be kept pending. The petitioners must also be entitled to the same benefit on the ground of parity. 9. In the instance case, the petitioners also stand on the same footing, and also entitled to the same benefit on the ground of parity. In view of the above discussion, respondent No.2 is directed to refund the excess amount, if collected. The petitioners filed these writ petitions - 9 - HC-KAR NC: 2025:KHC:40088 WP No. 19804 of 2021 C/W WP No. 51619 of 2019 seeking mandamus without submitting a representations. Hence, the writ petitions filed by the petitioners, itself is not maintainable. However, the petitioners are directed to submit a representation to respondent No.2. In case, the petitioners submit a representation to respondent No.2, respondent No.2 is directed to consider the representation and pass appropriate order within four weeks from the date of receipt of the representation in terms of the communication dated 18.07.2024. 10. Accordingly, I proceed to pass the following: ORDER i. The writ petitions are dismissed. ii. A liberty is reserved to the petitioners to submit representations within three weeks from today. iii. If such representations are submitted by the petitioners, respondent No. 2 is directed to consider the representations in terms of the - 10 - HC-KAR NC: 2025:KHC:40088 WP No. 19804 of 2021 C/W WP No. 51619 of 2019 communication dated 18.07.2024, and pass an appropriate order in accordance with law within four weeks from the date of receipt of the representation by the petitioners. In view of the disposal of the writ petitions, I.A.No.1/2021 and I.A.No.1/2025 does not survive for consideration, and accordingly, disposed off. Sd/- (ASHOK S.KINAGI) JUDGE SSB