Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC-D:553 WP No. 110658 of 2019
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 20TH DAY OF JANUARY 2026
BEFORE
THE HON'BLE MRS JUSTICE K.S.HEMALEKHA
WRIT PETITION NO.110658 OF 2019 (S-R)
BETWEEN:
1.
DR. VEENA MADHAV TONAPI, AGE ABOUT 65 YEARS, OCC: RETD. PRINCIPAL JSS SAKRI LAW COLLEGE, HEGGERI HUBBALLI, R/O. GIRI-DARSHAN, 2, RAJ NAGAR, HUBBALLI-580032, DIST. DHARWAD.
2.
PROF. KURA SATISHBABU AGE ABOUT 65 YEARS, OCC: RETIRED ASSOCIATE PROFESSOR, JSS SAKRI LAW COLLEGE, HEGGERI HUBBALLI, R/O. 14916 TRIVENI KRISHNA NILAYA, HIREPETH, HUBBALLI-580032, DIST. DHARWAD. …PETITIONERS (BY SRI. DINESH M.KULKARNI, ADVOCATE)
AND:
1.
STATE OF KARNATAKA DEPT. OF HIGHER EDUCATION, M.S. BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU-560001, BY ITS SECRETARY.
2.
THE COMMISSIONER COMMISSIONERATE OF COLLEGIATE EDUCATION IN KARNATAKA,
MANJANNA E Digitally signed by MANJANNA E Location:
HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2026.01.31 10:35:55 +0530
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HC-KAR NC: 2026:KHC-D:553 WP No. 110658 of 2019
SHESHADRI ROAD, BANGALURU-560001.
3.
DEPARTMENT OF LAW JUSTICE AND HUMAN RIGHTS VIKAS SOUDHA, BANGALURU, BY ITS PRINCIPAL SECRETARY.
4.
JOINT DIRECTOR COLLEGIATE EDUCATION IN KARNATAKA, MINI VIDHAN SOUDHA, DC COMPOUND, DHARWAD.
5.
UNIVERSITY GRANTS COMMISSION BAHADUR SHAH JAFFAR MARG, NEW DELHI-110002, BY ITS SECRETARY.
6.
JANATA SHIKSHANA SAMITI VIDYAGIRI DHARWAD, BY ITS SECRETARY.
7. PRINCIPAL J.S.S. SAKRI LAW COLLEGE, HEGERRI, OLD HUBBALI, HUBBALLI-580032, DIST: DHARWAD. …RESPONDENTS
(BY SMT. NANDINI B.SOMAPUR, AGA FOR R1 TO R4;
SRI. MRUTYUNJAY TATA BANGI, ADVOCATE FOR R5;
NOTICE TO R6 AND R7 IS DISPENSED WITH VIDE ORDER DATED 02.09.2024)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI TO QUASH THE
ORDER BEARING NO.KASHIE/PRAKADHA/AYAVYAYA/2017-18 DHARWAD DATED 07.11.2017 PRODUCED AS ANNEXURE-E1 PASSED BY THE RESPONDENT NO.4 AS NULL AND VOID AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
THE HON'BLE MRS JUSTICE K.S.HEMALEKHA
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HC-KAR NC: 2026:KHC-D:553 WP No. 110658 of 2019
ORAL ORDER
Petitioner in this writ petition is seeking for the following reliefs:
a) To issue a writ in the nature of certiorari to quash the order bearing No.KashiE / PrakaDha / Ayavyaya / 2017-18 Dharwad dtd 7/11/2017 produced as ANNEXURE-E-1 passed by the Respondent No.4 as null and void.
b) To issue a Writ in the nature of mandamus directing the Respondents No.2 and 4, to pay the arrears of UGC pay scales to the Petitioners from the date of their appointments till the date of their retirement (ie from 5-8-1991 to 30-11-2013 for Petitioner No.1 and 27-8-1987 to 30-4-2013 for petitioner No.2 as per the Claimed Bill vide Annexure-J. bearing R.S.No.JSS/LC/ACCTS/2017 18/166 dated 28/8/2017.
c) Any other writ or direction as the Hon'ble Court deems fit be issued in the interest of justice and fair play.
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HC-KAR NC: 2026:KHC-D:553 WP No. 110658 of 2019
Brief facts:
2. The petitioners are retired Principal and Associate Professor respectively, who served in an Aided Law College affiliated to Karnataka State Law University. The benefit of UGC pay scale case was extended to Aided Law College pursuit to Government Order dated 16.11.2006. It is the case of the petitioners that in the earlier writ proceedings, including W.P.No.46899/2002 and W.P.No.32730/2003, directions were issued to extend UGC benefits and pay arrears, which directions attained finality. However, while implementing the same, the authorities allegedly restricted the benefits only up to November 2006, postponed financial benefits attached to senior scale/selection grade and prepared what is termed as a “challenged bill”, contrary to law and binding directions of this Court.
3. It is contented that though a detailed representation pointing out errors in pay fixation, calculation of arrears and consequential benefits were submitted and forwarded, the same have not been
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HC-KAR NC: 2026:KHC-D:553 WP No. 110658 of 2019
considered and the impugned endorsement at Annexure-E1 has been issued without application of mind.
4.
Learned counsel for the petitioner submits that the impugned endorsement suffers from non-consideration of relevant representations, violation of the earlier binding orders and denial of legitimate financial benefits, and therefore warrants interference.
5. Learned Additional Government Advocate appearing for respondent Nos.1 to 4 submits that the representation forwarded by the petitioners would be considered by the competent authority in accordance with law within a reasonable time.
6. This Court has carefully considered the
submissions and perused the material on record.
7. At this stage, it is evident that the core grievance of the petitioners is non-consideration of the representation relating to fixation of pay, calculation of UGC arrears and
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HC-KAR NC: 2026:KHC-D:553 WP No. 110658 of 2019
consequential benefits. The impugned endorsement does not disclose the consideration of the detailed objections and claims raised by the petitioners.
8. Without expressing any opinion on the merits of the rival claims, and having regard to the limited grievance urged, this Court is of the view that the matter requires reconsideration by the competent authority by passing a reasoned order, after affording due opportunity to the petitioners.
9. Accordingly the following:
ORDER i. The writ petition is disposed of. ii. The competent respondent authority is directed to consider the representation of the petitioners at Annexure-T independently without being influenced by the impugned endorsement at Annexure-E1 and pass appropriate orders in accordance with law.
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HC-KAR NC: 2026:KHC-D:553 WP No. 110658 of 2019
iii. Such
consideration and decision shall be completed within an outer limit of 8 weeks from the date of receipt of certified copy of this order. iv. The petitioners are at liberty to produce additional documents, if any, in support of their claims. The authority shall afford an opportunity of hearing to the petitioner and pass a speaking and a reasoned order.
Sd/- JUSTICE K.S.HEMALEKHA
EM Ct:VH List No.: 1 Sl No.: 2