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2025 DAILYLAW 85038 (KAR)

SHRI K M KUBERAPPA v. KANNADA UNIVERSITY HAMPI

WP/100500/2024 · 2025-12-09

M Nagaprasanna

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:17691 WP No. 100500 of 2024 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 9TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 100500 OF 2024 (S-RES) BETWEEN: SHRI. K. M. KUBERAPPA, AGE. 55 YEARS, OCC. ARCHAEOLOGICAL CONSERVATING ENGINEER, DEPARTMENT OF ARCHAELOGICAL, MUSEUM AND HERITAGE, KALBURGI DIVISION, KAMALAPUR HAMPI, TAL. HOSAPETE, DIST. VIJAYANAGAR. …PETITIONER (BY SRI. SHIVRAJ S. BALLOLI, ADVOCATE) AND: 1. KANNADA UNIVERSITY HAMPI, VIDYARANYA, KAMALAPUR – 583 221, TAL. HOSAPETE, DT. VIJAYNAGAR, REPRESENTED BY ITS VICE CHANCELLER. 2. DEPARTMENT OF ARCHAEOLOGICAL, MUSEUMS AND HERITAGE, KARNATAKA TOURISM DEPARTMENT PREMISES, MYSURE 570 010, REPRESENTED BY ITS COMMISSIONER. 3. THE STATE OF KARNATAKA, DEPARTMENT OF TOURISM, M S BUILDING, BENGALURU 560 001, REPRESENTED BY ITS UNDER SECRETARY(P). …RESPONDENTS (BY SRI. RAJASHEKHAR GUNJALLI, ADVOCATE FOR R1; SMT. GIRIJA S. HIREMATH, HCGP FOR R2 & R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING RESPONDENT NO.1 TO PROVIDE APPROPRIATE SALARY AND SERVICE RECORDS OF THE PETITIONER TO THE RESPONDENT NO.2 AS PER THE SEVERAL COMMUNICATIONS VISHAL NINGAPPA PATTIHAL Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka Dharwad Bench Date: 2025.12.11 12:09:54 +0530 - 2 - HC-KAR NC: 2025:KHC-D:17691 WP No. 100500 of 2024 MADE BY THE RESPONDENT NO.2 TO RESPONDENT NO.1 VIDE ANNEXURE-P DATED 31.08.2023 BEARING NO. PU. SAM. PA.EST: 1: C:NO.55/23-24/558 TO MEET THE ENDS OF JUSTICE AND EQUITY AND ETC., THIS WRIT PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court seeking the following prayer: A. Issue a Writ of Mandamus directing Respondent no.1 to provide appropriate salary and service records of the petitioner to the Respondent no.2 as per the several communications made by the Respondent no.2 to Respondent no.1 vide Annexure-P dated 31.08.2023 bearing no. PU.SAM. PA. EST: 1: C: No. 55/ 23-24/558 to meet the ends of Justice and Equity. B. Issue a Writ of Mandamus directing the Respondent No.2 to pay the salary of the Petitioner from 25/05/2023 till date as per the fixation of the salary of the Petitioner as per the promotion order made by the Respondent No. 2 vide Annexure-L dated 23.05.2023 bearing no. PU. SAM. PA. PERSONNEL. 1/18. PU.No.e22-23 to meet the ends of justice and equity. C. Pass any other order(s) as this Hon’ble Court may deem fit in the facts and circumstances of the case in the interest of justice and equity. 2. The petitioner is no more today. The learned counsel appearing for the petitioner submits that, till the date of filing of the petition, the salary of the petitioner was paid. However, it is - 3 - HC-KAR NC: 2025:KHC-D:17691 WP No. 100500 of 2024 submitted that the salary subsequent to the filing of the petition has not been paid, is what the learned counsel Sri.Shivaraj Balloli submits on instructions from the wife of the deceased petitioner. 3. The learned HCGP and the counsel to the respondent would undertake that, if the salary has not been paid till the date he passed away, it would be paid within an outer limit of 12 weeks from the date of receipt of a copy of this order. 4. In that light, the petition stands disposed with a direction to the respondents to pay the arrears of salary from the date of filing of the petition till the date of death of the petitioner to the wife within an outer limit of 12 weeks, if not already paid. 5. With regard to all other benefits to which the wife of the petitioner is entitled to the same, it is open for the wife of the petitioner to submit such representation or knock at the doors of the appropriate four. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE RHR/CT-ASC List No.: 1 Sl No.: 20