- 1 - HC-KAR NC: 2025:KHC:43273 WP No. 22504 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 22504 OF 2023 (S-RES) BETWEEN: T C NARAYANA S/O LATE CHENNE GOWDA AGED ABOUT 57 YEARS SENIOR ASSISTANT, ADMINISTRATIVE OFFICE, MANSA GANGOTHRI, MYSORE - 570006. …PETITIONER (BY SRI. MALLAIAH M.R, ADV.) AND: 1. STATE OF KARNATAKA DEPARTMENT OF HIGHER EDUCATION (UNIVERSITY) REPRESENTED BY ITS PRINCIPAL SECRETARY, ADDITIONAL CHIEF SECRETARY M.S. BUILDING, AMBEDKAR, BANGALORE - 560001 Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43273 WP No. 22504 of 2023 2. UNIVERSITY OF MYSORE REPRESENTED BY REGISTRAR CRAWFORD HALL, MYSORE - 5750005. …RESPONDENTS (BY SMT. SUKANYA BALIGA, AGA FOR R1, SRI. T.P.RAJENDRAKUMAR SUNGAY, ADV. FOR R2) THIS WP IS FILED PRAYING TO A) QUASH THE ENDORSEMENT DATED 27/06/2023 VIDE NO. ET.5/214/1998- 99 ISSUED BY THE R2 PRODUCED AT ANNEXURE-A AND CONSEQUENTLY DIRECT THE R2 FOR ACTUAL PAY SCALE FIXATION FOR THE POST OF SENIOR ASSISTANT.B) DIRECT THE R2 TO CONSIDER THE SENIORITY OF THE PETITIONER FROM 23/11/2000 AND TO PROVIDE THE FINANCIAL BENEFIT FROM 23/11/2000 AND GRANT AN INTERIM ORDER TO STAY THE ENDORSEMENT DATED 27/06/2023 VIDE NO. ET.5/214/1998-99 ISSUED BY THE R2 PRODUCED AT ANNEXURE-A. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN INAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:43273 WP No. 22504 of 2023 CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER The petitioners have filed this writ petition seeking for the following reliefs: i. Issue a writ in the nature of certiorari or such order as this Hon'ble Court may deem fit to Quash the Endorsement dated 27.06.2023 vide No.ET.5/214/1998-99 issued by the 2nd respondent produced at Annexure-A and consequently direct the respondent No.2 for actual pay scale fixation for the post of Senior Assistant. ii. Issue writ or order directing the respondent No.2 to consider the seniority of the petitioner from 23.11.2000 and to provide the financial benefit from 23.11.2000. iii. Issue a writ or order in nature of certiorari or such order such as this Hon'ble Court may deem fit to quash the order dated 21.02.2024 vide No.ET5/214/1998-99 issued by the 2nd respondent produced at Annexure-T. - 4 - HC-KAR NC: 2025:KHC:43273 WP No. 22504 of 2023 2. Brief facts leading rise to the filing of this writ petition are as follows: The petitioner was appointed as Second Division Clerk on 09.01.1995. Respondent No.1 vide notification dated 23.11.2000 notified the Rules to further Amend the Karnataka Civil Service (General Recruitment) Rules, 1977 was brought into force. The petitioner's post was regularized by respondent No.2 vide order dated 01.08.2006. The petitioner submitted a representation on 17.12.2016, seeking to provide financial benefit and consider the seniority from the date of completion of 10 years of service. The petitioner's family had provided 27 guntas of land to the University Sir M. Vishweshwaraiah, Post Graduate, situated at Thubinakere Mandya District on 31.01.2017. Respondent No.2 issued one more order on 22.05.2017, vide Annexure-G, in which it is stated that the petitioner's post was regularised from 23.11.2000. However, the 2nd respondent made an order of national pay fixation from 23.11.2000 and provided benefit from - 5 - HC-KAR NC: 2025:KHC:43273 WP No. 22504 of 2023 31.01.2007. The petitioner submitted several representations to the respondents to consider the financial benefit and seniority from the date of completion of 10 years of service. Respondent No.2 issued an endorsement dated 11.11.2020, rejecting the prayer of the petitioners to consider the financial benefit and seniority from the date of completion of 10 years of his service. The petitioner aggrieved with the said endorsement, rejecting the prayer to consider the financial benefit and seniority from the date of completion of 10 years, the petitioner made another representation with the same prayer and the said representation was also rejected vide an endorsement dated 02.02.2021. The syndicate meeting of respondent No.2-University held on 25.03.2021 has passed a resolution considering the petitioner's case on 30.06.2021. The syndicate meeting has unanimously passed a resolution ratifying the previous decision taken to extend the financial benefit and to consider the seniority of the petitioner from 23.11.2000 as per KCSR Rules. The - 6 - HC-KAR NC: 2025:KHC:43273 WP No. 22504 of 2023 Syndicate meeting has resolved to consider the post of petitioner as supernumerary and also resolved that the seniority shall be considered from 23.11.2000 and the said resolution was confirmed by the Syndicate. The Syndicate has resolved that since the employee has retired on account of superannuation, the petitioner should be considered for the vacant post. The Syndicate on 03.09.2021 has resolved that the petitioner should be accommodated in the post that has been vacant due to retirement of P.D.Madhegowda. The respondent issued an appointment order on 19.10.2022 appointing the petitioner in place of Purshotham.C, who got promoted and the said post became vacant for which the petitioner was promoted. The other employees who have been promoted to the vacant post, one of the said employees, Smt.Nagarathnama's pay scale, was fixed vide order dated 19.11.2022. The petitioner made a representation. The respondents have failed to consider the representation favourably. During the pendency of the writ petition, the - 7 - HC-KAR NC: 2025:KHC:43273 WP No. 22504 of 2023 respondents have passed the order dated 21.02.2024 vide Annexure-T, rejecting the representation of the petitioner. Hence, this writ petition. 3. The respondent-University filed a statement of objections stating that the respondent-University is in violation of the regulations pertaining to the absorption of temporary, full-time/part-time lecturers who have been given effect for consideration of service from the date of induction as a part-time lecturer, contrary to the regulations. When they came to know the said mistake, they recalled the said resolution. It is also contended that the Government Order dated 21.03.2018 had regularised 32 temporary employees stating that it was done under the special circumstances. Respondent No.2 had regularised the service of such 32 employees, then there cannot be any discriminatory action of respondent No.2 in considering the case of the petitioner under special circumstances. It is also contented that in the writ appeal - 8 - HC-KAR NC: 2025:KHC:43273 WP No. 22504 of 2023 No.3533/2018 it is categorically held that if the State Government has granted a higher pay scale, the same shall not be withdrawn. Hence, on these grounds, he prays to dismiss the writ petition. 4. Heard the learned counsel for the petitioner and also the learned counsel for the respondent-University. 5. Learned counsel for the petitioner submits that the respondent-University has not assigned any reason for passing Annexure-T. No enquiry was conducted. The impugned order vide Annexure-T is in violation of the principles of natural justice. Hence, he submits that the respondent may be directed to reconsider the case of the petitioner and pass an appropriate order in accordance with law. Hence, on these grounds, he prays to allow the writ petition. 6. Per contra, learned counsel for the respondent- University fairly concedes that the respondent has not - 9 - HC-KAR NC: 2025:KHC:43273 WP No. 22504 of 2023 assigned any reason for passing under vide Annexure-T. He submits that the respondent would consider the representation made by the petitioner and pass the detailed order. He submits that the respondent- University may be directed to reconsider the matte of the petitioner afresh and pass an appropriate order in accordance with law. 7. Heard and perused the records and considered the submissions of the learned counsel for the parties. 8. It is not in dispute that the petitioner was appointed as a Second Division Clerk in 1995 and during 2000, the Karnataka Civil Service General Recruitment Rules, 1977 was amended, and it was brought into effect on 23.11.2000. The petitioner was regularised by respondent No.2-University on 01.08.2006 and the petitioner submitted a representation seeking financial benefit and to consider the seniority from the date of - 10 - HC-KAR NC: 2025:KHC:43273 WP No. 22504 of 2023 completion of 10 years of service. The said representation was rejected by the respondent. Respondent No.2 while passing the impugned order vide Annexure-T has not assigned any reasons. Respondent No.2 has regularised the service of the petitioner on 22.05.2017. After regularisation, the petitioner has submitted a representation to provide financial benefits and consider the seniority from the date of completion of 10 years of service. Respondent No.2 has rejected the said representation. 9. I have perused Annexure-T. From the perusal of Annexure-T, except referring to the letters referred in the preamble, respondent No.2 has not assigned any reasons for rejecting the representation made by the petitioner. 10. Learned counsel for respondent No.2-University has submitted that the respondent No.2- University will reconsider the representation of the petitioner and pass the detailed order after assigning the reason. - 11 - HC-KAR NC: 2025:KHC:43273 WP No. 22504 of 2023 11. In view of the submission made by the learned counsel for respondent No.2 - University, I proceed to pass the following: ORDER i. The writ petition is allowed-in-part. ii. The order dated 21.02.2024 passed by respondent No.2 vide Annexure-T is set aside. iii. Respondent No.2-University is directed to reconsider the representation submitted by the petitioner and pass an appropriate order in accordance with law after affording a personal hearing within eight weeks from the date of the receipt of a copy of this order. iv. Pending applications, if any, stand disposed off accordingly. Sd/- (ASHOK S.KINAGI) JUDGE SSB