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2026 DAILYLAW 31396 (KAR)

SIR PRAMOD M GAWARI v. STATE OF KARNATAKA

WP/3940/2026 · 2026-07-27

Ashok S Kinagi

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010084802026 NC: 2026:KHC:38940 WP No. 3940 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 3940 OF 2026 (S-RES) BETWEEN: 1. SRI PRAMOD M GAWARI C/O MALLAPPA GAWARI, AGED ABOUT 56 YEARS, R/AT NO. 104, ASPEN SANKALPA, JAWA MAIN ROAD, YADAVAGIRI MYSORE-570020. 2. SMT. YASHASWINI S W/O SRI. K S JAGADEESH, AGED ABOUT 39 YEARS, R/AT NO. FLAT NO.303, 2ND FLOOR, 1ST MAIN ROAD, LAKSHMIPURAM, MYSORE 570 004. 3. SMT. UMA SM W/O SRI. P PRASHANTH, AGED ABOUT 45 YEARS, R/AT NO.17/183, 17TH WARD, KANAKA NAGARA, KR NAGARA TOWN, KR NAGAR POST, MYSORE-571 602. 4. SRI. CHIDAMBARA SWAMY S/O PAPANNA AGED ABOUT 56 YEARS, Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010084802026 NC: 2026:KHC:38940 WP No. 3940 of 2026 R/AT NO.12308, SRI SAYI KRUPA, VIJAYA NAGAR IV STAGE, VIJAYA NAGAR II PHASE, MYSORE-570 017 5. SRI. SRIKANTH K S C/O SRINIVASA K G AGED ABOUT 38 YEARS R/AT SAPTHAGIRI, 40 FEET ROAD DEAD END SAPTHAGIRI EXTENSION, SOMESWARAPURAM TUMKURU - 572 102 …PETITIONERS (BY SRI. VINAYAKA B VISHNU BATTA., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF M. S. BUILDING BANGALORE- 560 001. 2. UNIVERSITY OF MYSORE, REPRESENTED BY ITS REGISTRAR KARYA SOUDHA, CRAW FORD HALL, MYSORE-570 005. …RESPONDENTS (BY SMT. ASHVINI PATIL, AGA FOR R1 SRI. ABHISHEK KUMAR, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO : - 3 - HC-KAR CNR: KAHC010084802026 NC: 2026:KHC:38940 WP No. 3940 of 2026 (i) ISSUE A WRIT OF CERTIORARI QUASHING THE ORDER DATED 06.08.2025 ISSUED BY RESPONDENT NO.2 BEARING NO.ET.9(2)/252/2016-17 (VIDE ANNEXURE- A). ISSUE A WRIT OF CERTIORARI QUASHING THE ORDER DATED. 01.12.2025 ISSUED BY THE RESPONDENT NO.2 BEARING NO.ET.9/81/2019-20 (VIDE ANNEXURE - B). (ii) ISSUE A WRIT OF MANDAMUS DIRECTING THE 2ND RESPONDENT TO GRANT ALL THE SERVICE BENEFITS SUCH AS ANNUAL GENERAL INCREMENT, EARNED LEAVE, PENSION (NPS), PROMOTIONS UNDER THE CAREER ADVANCEMENT SCHEME (CAS) ALL ARREARS AND OTHER FACILITIES TO THE PETITIONERS FOR WHICH THE PETITIONER ARE ENTITLED FOR TILL TODAY. (iii) ISSUE SUCH OTHER WRITS / RELIEFS DIRECTION AND ORDERS DEEMED FIT IN THE CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY. - 4 - HC-KAR CNR: KAHC010084802026 NC: 2026:KHC:38940 WP No. 3940 of 2026 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER 1. The petitioners have filed this writ petition seeking following reliefs: (I) Issue a writ of certiorari quashing the order dated 06.08.2025 issued by respondent No.2 bearing No.ET.9(2)/252/2016-17 (vide Annexure-A). (II) Issue a writ of certiorari quashing the order dated 01.12.2025 issued by respondent No.2 bearing No.ET.9/81/2019-20 (vide Annexure-B). (III) Issue a writ of mandamus directing the 2nd respondent to grant all the service benefits such as annual general increment, earned leave, pension (NPS), promotions under the Career Advancement Scheme - 5 - HC-KAR CNR: KAHC010084802026 NC: 2026:KHC:38940 WP No. 3940 of 2026 (CAS) all arrears and other facilities to the petitioners for which the petitioner are entitled for, till today. (IV) Issue such other writs / reliefs direction and orders deemed fit in the circumstances of the case, in the interest of justice and equity. 2. Brief facts leading rise to the filing of this writ petition are as follows: 3. The petitioners are appointed to the post of Professor/Assistant Professor and continued to work in the respondent-University. On 01.07.2022, the respondent-University has passed an order stating that the date of annual increment will be 01.07.2022; though the respondent-University rightly granted the aforesaid increment, it has failed to pay the arrears from the year 2017. The petitioners were not given any increment and allowances for the years from 2023 to 2025 and till - 6 - HC-KAR CNR: KAHC010084802026 NC: 2026:KHC:38940 WP No. 3940 of 2026 today. The respondent-University has treated the petitioners as regular/permanent employees but, delayed in granting the benefits to which the petitioners are entitled for. 4. The respondent-University has passed an order on 06.08.2025 withdrawing the benefits, such as earned leave, pension, promotion under Career Advancement Scheme and other benefits, which were granted to the petitioners at the time of appointment. 5. The petitioners submitted a representation to withdraw the order dated 06.08.2025. The respondent-University vide order dated 01.12.2025 has passed an order, communicating to the Office of Administration, Manasa Gangothri, to pay the basic salary until further orders for the employees, who are working under the Self-Financial Scheme. - 7 - HC-KAR CNR: KAHC010084802026 NC: 2026:KHC:38940 WP No. 3940 of 2026 6. The petitioners aggrieved by the orders dated 06.08.2025 and 01.12.2025, have filed this writ petition. 7. The respondents have not filed statement of objections. 8. Heard the learned counsel for the petitioners and learned counsel for respondents-University. 9. Learned counsel for the petitioners submits that the respondents have extended the benefit of annual increment etc. But, the respondent-University has withdrawn the benefits extended to the petitioners. Before passing the impugned orders, no enquiry was held and no opportunity was provided. The impugned orders passed by the respondent-University are in violation of the principles of natural justice. Hence, on these grounds, he prays to allow the writ petition. - 8 - HC-KAR CNR: KAHC010084802026 NC: 2026:KHC:38940 WP No. 3940 of 2026 10. Learned counsel for respondent No.2—University submits that a Committee has been constituted to look into the issues involved in this writ petition. He submits that the petitioners may be directed to appear before the Committee and put forth their grievance before the committee. Hence, on these grounds, he prays to dispose of the writ petition. 11. Perused the records and considered the submissions of the learned counsel for the parties. 12. It is an undisputed fact that the petitioners were appointed to the post of Professor/Assistant Professor and continued to work in the respondent- University. The respondent-University passed an order on 01.07.2022 stating that the date of annual increment will be 01.07.2022, though the respondent-University granted the annual increment, the petitioners have not got any increment and - 9 - HC-KAR CNR: KAHC010084802026 NC: 2026:KHC:38940 WP No. 3940 of 2026 allowances for the years from 2023 to 2025 and till today. 13. The respondent-University treated the petitioners as the regular/permanent employees of the respondent- University. The respondent-University, without issuing notice and without holding an enquiry has passed the order on 06.08.2025 withdrawing the benefits, such as earned leave, pension, promotion etc. under the Career Advancement Scheme and other benefits. 14. After passing of the order dated 06.08.2025 by the respondent-University, the petitioners submitted a representation for withdrawing the order dated 06.08.2025. The respondent-University has passed an order communicating to the Office of Administration, Manasa Gangothri, to pay the basic salary until further orders, for the employees who are working under the Self-Financial Scheme. The - 10 - HC-KAR CNR: KAHC010084802026 NC: 2026:KHC:38940 WP No. 3940 of 2026 impugned orders passed by the respondent- University are in violation of the principles of natural justice. Hence, only on this ground, the impugned orders are liable to be quashed. 15. In view of the above discussion, I proceed to pass the following order: ORDER (i) The writ petition is allowed. (ii) The impugned orders dated 06.08.2025 and 01.12.2025 passed by respondent No.2 vide Annexures-A and B are hereby quashed. (iii) The Committee is directed to consider the representation of the petitioners and pass an appropriate order within 2 weeks from the date of receipt of a copy of this order. (iv) The petitioners are entitled for the benefits, subject to the outcome of the - 11 - HC-KAR CNR: KAHC010084802026 NC: 2026:KHC:38940 WP No. 3940 of 2026 proceedings of the Committee formed by the University. (v) The petitioners are directed to appear before the Committee on 31.07.2026. Sd/- (ASHOK S.KINAGI) JUDGE RK List No.: 1 Sl No.: 23