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2026 DAILYLAW 38129 (KAR)

SRI. NIRANJANA C S v. STATE OF KARNATAKA

WP/20340/2026 · 2026-08-31

Ashok S Kinagi

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010451672026 NC: 2026:KHC:47165 WP No. 20340 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 20340 OF 2026 (S-RES) BETWEEN: SRI. NIRANJANA C S S/O SHIVARUDARAIAH AGED ABOUT 47 YEARS R/AT CHIKKAMUKKUDLU VILLAGE, BANNIMUKKODLU POST, KODIHALLIHOBLI, KANAKAPURA TALUK, BANGALORE SOUTH DISTRICT- 562117 …PETITIONER (BY SRI. SRINIVAS V.,ADVOCATE) AND: 1. STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY. DEPARTMENT OF HIGHER EDUCATION (UNIVERSITIES-1), MS BUILDING, BANGALORE-01, 2. KARNATAKA SANSKRIT UNIVERSITY, PAMPA MAHAKAVI ROAD, CHAMARAJAPETE, BANGALORE-18, REPRESENTED BY THE REGISTRAR. 3. THE SECRETARY, SRI SIDDAGANGA VIDYA SAMSTHE @ Digitally signed by SHILPABAI S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010451672026 NC: 2026:KHC:47165 WP No. 20340 of 2026 SRI SIDDAGANGA MUTT, TUMKUR-572104. 4. THE PRINCIPAL, SRI SIDDALINGESHWARA B A INTEGRATED KANNADA PANDITH COLLEGE, SRI SIDDAGANGA MUTT, TUMKUR-572104. …RESPONDENTS (BY SMT. ASHVINI PATIL, AGA FOR R1 SRI. ABHINAV R, ADVOCATE FOR R2 SRI. CHANNABASAPPA S N, ADVOCATE FOR R3 R4 SERVED) THIS WRIT PETITION FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING RESPONDENTS TO TAKE IMMEDIATE STEPS TO RELEASE THE SALARY OF THE PETITIONER FROM THE MONTH OF AUGUST 2024 AND FURTHER DIRECT THEM TO PAY THE MONTHLY SALARY AS AND WHEN THE SAME BECOMES DUE TO THE PETITIONER; (B) ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION DIRECTING RESPONDENT NO. 1 TO PASS APPROPRIATE ORDERS TO IMPLEMENT THE PROPOSAL DATED 05.01.2026 VIDE ANNEXURE-H SUBMITTED BY THE R2 UNIVERSITY IN SO FAR AS IT RELATES TO TRANSFERRING THE PETITIONER (SERIAL NO. 1) FROM THE RESPONDENT NO. 3 AND R4 INSTITUTIONS TO SRI MEDA DAKSHINAMOORTHY SAMSKRITA COLLEGE GOKARNA. - 3 - HC-KAR CNR: KAHC010451672026 NC: 2026:KHC:47165 WP No. 20340 of 2026 THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER 1. The petitioner filed this writ petition seeking the following reliefs: “(a) Issue Writ of Mandamus or any other appropriate writ, order or direction directing Respondents to take immediate steps to release the salary of the Petitioner from the month of August 2024 and further direct them to pay the monthly salary as and when the same becomes due to the Petitioner; (b) Issue a writ of mandamus or any other appropriate writ, order or direction directing Respondent No. 1 to pass pass appropriate orders to implement the proposal dated 05.01.2026 vide Annesure-H submitted by the respondent No.2 university in so far as it relates to transferring the petitioner (serial No.1) from the respondent No.3 and respondent No.4 institutions to Sri Meda - 4 - HC-KAR CNR: KAHC010451672026 NC: 2026:KHC:47165 WP No. 20340 of 2026 Dakshinamoorthy SamskritaCollege Gokarna and, (c) Grant such other appropriate writ, order direction as this Hon'ble Court deems fit in the facts and circumstances of the case including the cost, in the interest of justice and equity.” 2. Brief facts leading rise to the filing of this petition are as follows: 2.1. The appointment of the petitioner was admitted to grant-in-aid by respondent No.2 on 09.02.2017. Ever since then, the petitioner and other staff working in respondent No.4-College are being paid salary by the State Government. On 03.06.2023, on account of depletion in student strength, the petitioner and other staff employed in respondent No.4-College were deputed to Sri. Siddalingeshwara Residential High School run by respondent No.3. The petitioner and others continued on deputation till 14.08.2024. The petitioner and other staff - 5 - HC-KAR CNR: KAHC010451672026 NC: 2026:KHC:47165 WP No. 20340 of 2026 were paid salary only upto July 2024 and from August 2024 till date, salary has not been paid to them. Meanwhile, respondent No.4 also refused to permit the petitioner and other teaching staff to mark the attendance. On 09.09.2024, the petitioner submitted a representation requesting to release the withheld salary from August 2024. Respondent No.2 appeared to have formed a committee to examine the position and status of respondent No.4-College, which appears to have visited the college and submitted a report recommending to permit the College to continue for one more year, till April 2026. On 09.01.2025, respondent No.2, in its Syndicate Meeting, took a decision to permit the continuance of the College for one more year and to release the salary to the staff and also to approach the Government seeking permission to transfer the staff to other Institutions. On 10.02.2025, respondent No.2 addressed a letter to respondent No.3 conveying its decision to continue the College for one more year and to release the salary to the - 6 - HC-KAR CNR: KAHC010451672026 NC: 2026:KHC:47165 WP No. 20340 of 2026 staff. On 05.01.2026, respondent No.2 had sent a proposal to transfer the petitioner and other staff to Sri. Meda Dakshinamoorthy Samskrita College, Gokarna. On 18.03.2026, after a lapse of more than twenty-two months, salaries have not been paid to the staff including the petitioner. One of the similarly placed staff has approached this Court in WP No.16581/2025 and this Court has allowed the said writ petition. Hence, this petition. 3. Heard the arguments of learned counsel for the petitioner, learned AGA for respondent No.1, learned counsel for respondent No.2 and learned counsel for respondent No.3. 4. Learned counsel for the petitioner submits that similarly placed staff have approached this Court in W.P. No.16581/2025. This Court vide order dated 18.03.2026, allowed the writ petition. It is submitted that the petitioner seeks similar benefit on the ground of parity and - 7 - HC-KAR CNR: KAHC010451672026 NC: 2026:KHC:47165 WP No. 20340 of 2026 the petition may be disposed of in terms of the order passed in W.P. No.16581/2025. 5. Learned counsel for respondent Nos.3 and 4 submitted that the writ petition may be disposed of in terms of order passed in W.P. No.16581/2025. 6. Heard and perused the records and considered the submissions made by the learned counsel for the parties. 7. The issue involved in this case is squarely covered by the order passed by a Co-ordinate Bench of this Court in W.P. No.16581/2025. The petitioner is entitled for similar benefit on the ground of parity. 8. In view of the above discussion, I concur with the findings referred by the Co-ordinate Bench of this Court in W.P. No.16581/2025 disposed of on 18.03.2026. Accordingly, I proceed to pass the following: ORDER (i) Writ petition stands disposed of. - 8 - HC-KAR CNR: KAHC010451672026 NC: 2026:KHC:47165 WP No. 20340 of 2026 (ii) Respondent No.1 - State is directed to consider and take appropriate decision/pass appropriate orders to implement the proposal dated 05.01.2026 submitted by respondent No.2 - University insofar as it relates to transferring the petitioner at Sl.No.1 from respondent Nos.3 and 4 - Institution to Medha Dakshinamoorthy Samskrita College, Gokarna within a period of four weeks from the date of receipt of a copy of this order. (iii) Respondent No.2 - University shall verify the amounts released/paid by the respondent No.1 - State and also ascertain the salary payable to the petitioner from August 2024 onwards and take necessary steps to forward the said amount and proceed further in accordance with law within a period of four weeks from the date of receipt of a copy of this order. - 9 - HC-KAR CNR: KAHC010451672026 NC: 2026:KHC:47165 WP No. 20340 of 2026 (iv) Immediately upon the respondent Nos.3 and 4 receiving such a payment, if any, towards the salary payable to the petitioner from 24.08.2024 onwards, respondent Nos.3 and 4 shall a make payment within a period of four weeks thereafter. Sd/- (ASHOK S.KINAGI) JUDGE PA,BS List No.: 1 Sl No.: 42