Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 83023 (KAR)

DR. MICHAEL NORONHA v. UNIVERSITY OF MYSORE

WP/91/2025 · 2025-07-11

H T Narendra Prasad

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:25497 WP No. 91 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 91 OF 2025 (S-RES) BETWEEN: DR. MICHAEL NORONHA S/O OF LATE ALEX NORONHA AGED ABOUT 63 YEARS R/AT NO.494, MARIA KRUPA NORTH PARK AVENUE, 7TH CROSS ROOPA NAGAR, BOGADI MYSORE -570 026. …PETITIONER (BY SRI. SWAMY N B N., ADVOCATE) AND: 1. UNIVERSITY OF MYSORE CRAWFORD HALL VISHWAVIDHYA NILAYA KARYA SOUDHA K.G.KOPPAL, SARASWATHIPURAM MYSORE - 570005 BY ITS REGISTRAR. 2. VISWESWARAIAH TECHNOLOGICAL UNIVERSITY GNANA SANGHAMA BELAGAVI-590018 BY ITS REGISTRAR 3. M/S VIDYA VIKAS EDUCATIONAL TRUST 127-128, ALANAHALLY MYSORE -BANNUR ROAD ALANAHALLY POST, MYSORE - 570028 BY ITS HON SECRETARY. Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25497 WP No. 91 of 2025 4. THE PRINCIPAL VIDYA VIKAS INSTITUTE OF MANAGEMENT STUDIES 127-128, ALANAHALLY MYSORE -BANNUR ROAD ALANAHALLY POST, MYSORE – 570028. …RESPONDENTS (BY SRI.ABHISHEK KUMAR., ADVOCATE FOR R1 & R2: SRI. SUBRAMANYA R, ADVOCATE FOR R3 R4 IS SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-3 AND 4 TO ISSUE RELIEVING LETTER, SERVICE CERTIFICATE AND PAYING SALARY DUE OF RS. 85,000/- (RUPEES EIGHTY FIVE THOUSAND ONLY) ALONG WITH THE INTEREST AT 18% PA FROM 02.07.2021 TILL DATE OF PAYMENT WITHIN A TIME FRAME AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. In this writ petition, the petitioner has sought for a direction to respondent Nos.3 and 4 to pay arrears of salary of Rs.85,000/- with interest at 18% per annum from 02.07.2021 till date of payment within a time frame. - 3 - HC-KAR NC: 2025:KHC:25497 WP No. 91 of 2025 2. The case of the petitioner is that he was appointed as a Professor and Director-Academics on 02.07.2018 in respondent No.4-College, managed by respondent No.3- Trust, on probation for one year. Thereafter, the probation period was extended for two years i.e. up to 02.07.2021. Subsequently, the petitioner, on 28.03.2021, sent an email to the Trust resigning from his post, in accordance with the terms of his appointment, by giving three months’ prior notice effective from 02.07.2021. Thereafter, the petitioner applied for the post of President/Member/Woman Member of the District Consumer Disputes Redressal Commissions in the State of Karnataka and was selected. However, he could not be appointed as he was unable to produce a relieving order from the respondent-College. The petitioner also applied to the Karnataka Bar Council for enrollment as an Advocate but was unable to enroll for the same reason i.e. non-production of the relieving order from the respondent- College. Therefore, the petitioner submitted a - 4 - HC-KAR NC: 2025:KHC:25497 WP No. 91 of 2025 representation vide Annexure-F to respondent-Trust for issuance of a relieving letter, service certificate and the payment of one month’s salary due, amounting to Rs.85,000/-. However, the College and Trust have failed to comply with his request and no order has been passed on his representation. Hence, he is before this Hon’ble Court. 3. It is not in dispute that the petitioner was appointed as a Professor and Director-Academics of respondent No.4-College for a period of one year. Subsequently, the appointment was extended for a further period of two years, up to 02.07.2021. It is also not in dispute that the salary for the month of June 2021 was not paid. Therefore, the petitioner submitted a representation vide Annexure-F. However, no action has been taken pursuant to the representation dated 27.02.2023. 4. Under this circumstance, it is suffice for this Court to direct respondent Nos.3 and 4 to consider the representation of the petitioner, in accordance with law. - 5 - HC-KAR NC: 2025:KHC:25497 WP No. 91 of 2025 5. Accordingly, I pass the following order: ORDER (a) The writ petition is disposed of. (b) Respondent Nos.3 and 4 are directed to consider the representation submitted by the petitioner vide Annexure-F, as expeditiously as possible, not later than four weeks from the date of receipt of certified copy of this order. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA LIST NO.: 1 SL NO.: 36