- 1 - HC-KAR NC: 2026:KHC:2246 WP No. 8134 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 8134 OF 2023 (S-RES) BETWEEN: 1. DR K MANJUNATHA SASTRY S/O.K.S. KRISHNA SASTRY AGED ABOUT 64 YEARS R/T NO.1D, MARUTHI MANSION 1ST CROSS, SARASWATHIPUR NANDINI LAYOUT, BENGALURU-560096. (RET. ASSOCIATE PROFESSOR HKES SRI VEERENDRA PATIL DEGREE COLLEGE RMV ETN. SADASHIVANAGAR, BANGALORE). 2. UMAKANTH, S. MINAJIGI S/O. SHANKARAPPA MINAJIGI AGED ABOUT 65 YEARS R/AT NO.359, 7TH CROSS TELECOM LAYOUT, JAKKUR POST BENGALURU-560064. (REP. ASSOCIATE POROFESSOR HKES SVP DEGREE COLLEGE RMV EXTN. SADASHIVANAGAR, BANGALORE). 3. IREDDY VEERUPANNA. B. S/O. BANDAPPA AGED ABOUT 66 YEARS R/AT NO.64, 3RD FLOOR,11TH CROSS TELECOM LAYOUT, SRIRAMPURA BENGALURU NORTH, JAKKUR POST BENGLAURU-560064. RET. PHYSICAL DIRECTOR HKES SVP DEGREE COLLEGE, RMV EXTN. SADASHIVANAGAR, BANGALORE). Digitally signed by MALATHI CHALUVA IYENGAR Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:2246 WP No. 8134 of 2023 4. SIDDAIAH ANKALGI S/O LATE. SANGAIAH ANKALGI AGED ABOUT 65 YEARS R/AT NO. 48, 7TH ‘B’ MAIN BANDAPPA GARDEN, MUTHYALA NAGAR BENGALURU NORTH, BENGALURU-560054. (RET. ASSOCIATE LIBRARIAN HKES SVP DEGREE COLLEGE, RMV EXTN SADASHIVANAGAR, BANGALORE). 5. SHEILA PARAMASIVAIAH S/O. DR. P. PARAMASIVIAH AGED ABOUT 66 YEARS R/AT NO. 413, 12TH CROSS NEAR SWIMMING POOL SADASHIVANGAR BENGLAURU-560080. (RET. ASSOCIATE PROFESSOR HKES SVP DEGREE COLLEGE, RMV EXTN. SADASHIVANAGAR, BANGALORE) 6. DR. K.G. ANNAPPASWAMY S/O. LATE. N.P.KARIBASAPPA AGED ABOUT 66 YEARS R/AT. NO. 04, KALPASREE, 15TH CROSS 1ST MAIN, 3RD ALLOTMENT, MARUTHI NAGAR YELAHANKA, BENGALURU-560064. (RET. ASSOCIATE PROFESSOR HKES SVP DEGREE COLLEGE, RMV EXTN. SADASHIVANAGAR, BANGALORE). 7. CHANNABASAPPA. B. CHANNUR S/O. BHAIREDDAPPA CHANNUR AGED ABOUT 63 YEARS R/AT. NO. 1193 'A' BLOCK 19TH MAIN, 20TH 'B' CROSS SAHAKARNAGAR, BENGALURU (REP. ASSOCIATE POROFESSOR HKES SVP DEGREE COLLEGE, RMV EXTN. SADASHIVANAGAR, BANGALORE). …PETITIONERS - 3 - HC-KAR NC: 2026:KHC:2246 WP No. 8134 of 2023 (BY SRI. CHETHAN B R., ADVOCATE FOR SRI. SHIVAKUMAR N., ADVCOATE) AND: 1. DEPARTMENT OF HIGHER EDUCATION GOVERNMENT OF INDIA NO. 127-C, SHASHTRIBHAVAN NEW DELHI-110001 REP BY ITS SECRETARY. 2. UNIVERSITY GRANT COMMISSION BAHADURSHAH ZAFAR MARG NEW DELHI-110002 REP BY ITS SECRETARY. 3. ADDITIONAL CHIEF SECRETARY FINANCE DEPARTMENT VIDANA SOUDHA, II FLOOR BENGALURU-560001. 4. STATE OF KARNATAKA REP BY ITS PRINCIPAL SECRETARY DEPARTMENT OF EDUCATION(HIGHER EDUCATION) M S BUILDINGS, BENGALURU-560001. 5. PRINCIPAL SECRETARY OF GOVERNMENT HIGHER EDUCATION DEPARTMENT (UNIVERSITIES-1) M S BUILDING, BENGALURU-560001. 6. DEPARTMENT OF COLLEGIATE EDUCATION UNNATHASHIKSHANA SOUDHA SESHADRI ROAD BENGALURU-560001 REP. BY ITS COMMISSIONER. 7. DIRECTOR DEPT. OF COLLEGIATE EDUCATION UNNATHASHIKSHNA SOUDHA SESHADRI ROAD, BENGALURU-560001. 8. THE REGIONAL JOINT-DIRECTOR COLLEGIATE EDUCATION - 4 - HC-KAR NC: 2026:KHC:2246 WP No. 8134 of 2023 BANGLAORE REGION KALIDHASA ROAD BANGALORE-560009. 9. THE REGIONAL JOINT-DIRECTOR COLLEGIATE EDUCATION SHAMBHOGNLLI GULBARGA-585102. 10. THE REGIONAL JOINT-DIRECTOR COLLEGIATE EDUCATION MINI VIDHANASOUDA D.C.COMPOUND, DHARWAD-580001. …RESPONDENTS (BY SRI. RESHMA K J., CGC, FOR R1: SRI. SARAVANA P, ADVOCATE FOR R2: SRI. SPOORTHY HEGDE N HCGP, FOR R3 TO R10) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE PARA 5 OF THE IMPUGNED GOVERNMENT ORDER BEARING NO.ED 483 UNE 2017 DATED 16.03.2019 PASSED BY THE R5(ANNEXURE-E) IN SO FAR AS IT RELATES TO DENIAL OF PAYMENT OF ARREARS OF DEARNESS ALLOWANCE AMOUNT FROM 01.01.2016, IN SO FAR AS THE PETITIONERS ARE CONCERNED, HOLDING THE SAME AS ILLEGAL, BAD IN LAW ARBITRARY ONE AND VIOLATIVE OF ARTICLES 14, 16 AND 21 OF THE CONSTITUTION OF INDIA AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD - 5 - HC-KAR NC: 2026:KHC:2246 WP No. 8134 of 2023 ORAL ORDER 1. In this writ petition, the petitioners have sought for the following reliefs: a) Issue WRIT OF CERTIORARI, for quashing Para 5 of the Impugned Government Order bearing No. ED 483 UNE 2017 dated 16.03.2019 passed by the 5th Respondent (ANNEXURE -E), in so far as it relates to denial of payment of arrears of Dearness Allowance amount from 01.01.2016, in so far as the Petitioners are concerned, holding the same as illegal, bad in law arbitrary one and violative of Articles 14, 16 & 21 of the Constitution of India, in the interest of justice and equity. b) Issue WRIT OF CERTIORARI, quashing the Impugned Letter bearing No. ED 19 UNE 2021 dated 21.10.2021 of the 4th Respondent (ANNEXURE -E1) and Impugned Letter bearing No. ED 306 UNE 2021 dated 25.02.2022 (ANNEXURE -E2), the Impugned letter bearing No. ED 306 UNE 2021 dated 09.3.2022 issued by the 4th respondent (ANNEXURE -F), circular bearing No. DCE / BUD / GCC / 22 / 2022-23 dated 17.05.2022 issued by the 7th Respondent (ANNEXURE -G) and Circular - 6 - HC-KAR NC: 2026:KHC:2246 WP No. 8134 of 2023 Bearing No. DCE / BUD / GEN / 22 / 2022 / BUD dated 16.12.2022 issued by the 7th Respondent (ANNEXURE -H), and Circular Bearing No. DCE / BUD / GEN / 22 / 2022 dated 22.02.2023 issued by the 7th Respondent (ANNEXURE J) in so far as the Petitioners are concerned, holding the same as illegal, bad in law arbitrary one, VIOLATIVE OF PRINCIPLES OF NATURAL JUSTICE and against to Articles 14, 16 & 21 of the Constitution of India and also not inconsonance with the circular of the Government of India the Secretary, UGC, New Delhi dated:02.11.2017 Vide ANNEXURE-D, in the interest of justice and equit. in so far as the Petitioners are concerned. C) Issue WRIT OF MANDAMUS directing the Respondents to calculate and pay all consequential monetary benefits and arrears of salary amount, inconsonance with the circulars of the Government of India the Secretary, UGC, New Delhi dated 24.12.2009 bearing No: ED 37 UNE 2009(Annexure -A), 11.05.2010 bearing, No.F.1-7/2010-U.11 (Annexure -B), and 14.08.2012b bearing No.F 1-7./2010-U.11 (Annexure -C), and UGC notifications in the - 7 - HC-KAR NC: 2026:KHC:2246 WP No. 8134 of 2023 interest of justice and equity. in so far as the Petitioners are concerned. d) Pass such other Order/orders as this Hon'ble Court deems fit and just in the matter in the interest of justice and equity in the eye of law. in so far as the Petitioners are concerned. 2. The petitioners are retired Principals, Professors, Associate Professors, Assistant Professors of the Government and Government Aided Colleges in the State of Karnataka. During the year 1990, Government of Karnataka extended UGC pay scales to the teachers and equivalent cadres working in the Universities, Constituent Colleges of Universities, Government and Aided Degree Colleges with effect from 01.01.1986, which gets revised once in 10 years on par with the Central Government Pay Scale. Accordingly, next revision of UGC pay scale were effected vide the Government Order dated 15.11.1999 with effect from 01.01.1996. The Government of Karnataka passed an order dated 24.12.2009 revising the - 8 - HC-KAR NC: 2026:KHC:2246 WP No. 8134 of 2023 pay scale of the petitioners with effect from 01.01.2006 and petitioners were also paid the arrears of salary i.e., Basic Pay and Dearness Allowances due for the period from 01.01.2006 to 31.03.2010 in several installments. Thereafter, the respondent No.5 has passed the impugned Government Order dated 16.03.2019 at Annexure-E wherein under paragraph-5 it is mentioned that arrears of Dearness Allowances shall be payable prospectively from the date of issuing of the order and to recover the Dearness Allowances amount paid to the petitioner, that too, after lapse of 12 to 15 years. 3. In similar circumstances, this Court in WP No.4256/2022 and connected matter disposed of on 11.12.2025, following the judgment of the Apex Court in the case of State of Punjab and others v Rafiq Masih (Whitewasher) reported in (2015) 4 SCC 334 has allowed the writ petitions. The same is not disputed by the respondents. - 9 - HC-KAR NC: 2026:KHC:2246 WP No. 8134 of 2023 4. In view of the above, the writ petition is allowed in terms of the order passed by this Court in W.P.No.4256/2022 & connected matters disposed of on 11.12.2025. All pending I.As., if any, are disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM LIST NO.: 1 SL NO.: 35