- 1 - HC-KAR NC: 2026:KHC-D:1828 WP No. 102645 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 9TH DAY OF FEBRUARY 2026 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA WRIT PETITION NO.102645 OF 2025 (S-RES) BETWEEN: SUBHAS S/O. FAKKIRAPPA MUSHANNAVAR AGE: 61 YEARS, OCC: JUNIOR ASSISTANT (RETIRED), INWARD SECTION, KARNATAKA UNIVERSITY, DHARWAD-580001, R/O. JAIBHIM NAGAR, MADARMADDI, DHARWAD-580001. …PETITIONER (BY SRI. M.M.KHANNUR, ADVOCATE FOR MISS. VINUTA M.KHANNUR, ADVOCATE) AND: THE REGISTRAR, DPAR SECTION, KARNATAKA UNIVERSITY, DHARWAD-580001. …RESPONDENT (BY SRI. PRANAV U.BADAGI, ADVOCATE FOR SRI. R.H.ANGADI, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE IMPUGNED ORDER DATED 29-02-2024 PASSED BY THE RESPONDENT IN NO. KAVIVI/SIAASUVI/ SHIKSHAKETHAI/09/2024/3489 VIDE ANNEXURE-M IN THE INTEREST OF JUSTICE AND EQUITY; ISSUE ANY OTHER ORDER OR DIRECTION, DIRECTING THE RESPONDENT TO EXTEND THE BENEFIT OF SENIORITY, PROMOTION AND CONTINUITY OF SERVICE NOTIONALLY TREATING THE DATE OF APPOINTMENT OF THE PETITIONER AS 12-2- 2003 TILL HIS REGULAR APPOINTMENT AND EXTENDING BENEFIT W.E.F., 24-4-2010; AND ETC. MANJANNA E Digitally signed by MANJANNA E Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2026.02.16 12:54:02 +0530 - 2 - HC-KAR NC: 2026:KHC-D:1828 WP No. 102645 of 2025 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 ORAL ORDER The petitioner has approached this Court, calling in question the order dated 29.02.2024 passed by respondent- University at Annexure-M, whereby the claim of the petitioner for extension of seniority, promotion and continuity of service has been rejected and consequently seeking for direction to grant him all the service benefits from the date of appointment till his regular appointment. Brief Facts: 2. The petitioner was an applicant for the appointment of post of peon pursuant to the notification dated 05.10.2002 issued by the respondent-University. Though the similarly situated candidates were appointed on 12.02.2003, the petitioner was not appointed leading to multiple round of litigation. Ultimately, in W.P.No.81728/2013(S-RES), this Court by a detailed order - 3 - HC-KAR NC: 2026:KHC-D:1828 WP No. 102645 of 2025 dated 24.11.2021, allowed the writ petition issued a positive mandamus directing the respondent-University to extend the benefit of seniority, promotion and continuity of service, by notionally treating the date of appointment of the petitioner as 12.02.2003 that is on the date on which similarly situated candidates were appointed. 3. Despite the said order having attained finality, the respondent issued the impugned order dated 29.02.2024 at Annexure-M restricting the benefits and declining to grant full notional seniority and consequential service benefits as directed by this Court. Aggrieved by the same the present writ petition is filed. 4. Learned counsel for the petitioner contends that the order passed by this Court in W.P.No.81728/2013 is final and binding adjudication between the parties. The respondent has no authority to pass an administrative order contrary to or in dilution of the directions issued by this Court. It is submitted that the impugned order at Annexure- - 4 - HC-KAR NC: 2026:KHC-D:1828 WP No. 102645 of 2025 M re-agitates issues which were already considered and conclusively decided by this Court and that the impugned order is ex-facie illegal, arbitrary and amounts to judicial indiscipline. It is submitted that Annexure-M is liable to be quashed and the respondent is directed to comply the earlier writ petition order in letter and spirit. 5. Per contra, the learned counsel appearing for the respondent-University sought to justify the impugned order contending that the petitioner has accepted the appointment order unconditionally, certain service benefits, promotion and increments are governed by applicable rules and circulars and the impugned order has been passed after due consideration of the petitioner's representation and it is contended that no interference is warranted. 6. This Court has carefully considered the rival contentions and perused the material on record. 7. In W.P.No.81728/2013, this Court held at paragraph No.8 and operative portion as under: - 5 - HC-KAR NC: 2026:KHC-D:1828 WP No. 102645 of 2025 “8. The contention of the University that the petitioner having accepted the appointment order unconditionally cannot seek for fixation of seniority as well as pensionary benefits notionally. Petitioner after obtaining the order of appointment has represented with the University so as to set right the anomaly in the appointment order and there is no bar for him to submit a representation to consider his claim to which he is legally entitled to in accordance with law. The respondent – University was at fault in not appointing the petitioner on 12.2.2003 and due to the fault of the University, the petitioner cannot be deprived of his claim to fix seniority and continuity in service notionally. Hence, the submission of the learned counsel for the University that the petitioner cannot approbate and reprobate is not acceptable. In view of the preceding analysis, I am of the considered view that the seniority of the petitioner as well as the pensionary benefit should be extended notionally by treating his 7 appointment w.e.f. 12.2.2003 on the date on which the similarly situated persons were appointed in pursuance of the notification dated 5.10.2002. Accordingly, I pass the following: ORDER i) Writ petition is allowed; - 6 - HC-KAR NC: 2026:KHC-D:1828 WP No. 102645 of 2025 ii) The impugned communication dated 2.4.2013 issued by respondent – University vide Annexure-G is hereby quashed; iii) The respondent – University is directed to extend the benefit of seniority, promotion and continuity of service notionally treating the date of appointment of the petitioner as 12.2.2003. The said exercise shall be concluded within three months from the date of receipt of certified copy of this order.” 8. On careful perusal of the impugned order dated 29.02.2024, it is evident that the respondent has declined to extend the benefits strictly in terms of the order passed in the aforesaid writ petition and has attempted to restrict the relief on the grounds which are already considered and rejected by this Court in W.P.No.81728/2013. The impugned order therefore runs directly contrary to the binding judgment of this Court and virtually amounts, the respondent sitting in an appeal over a judicial order of this Court, which is wholly impermissible in law. The issue - 7 - HC-KAR NC: 2026:KHC-D:1828 WP No. 102645 of 2025 involved in this writ petition is no more res integra. The entitlement of the petitioner to seniority, promotion and continuity of service by notionally treating his date of appointment dated 12.02.2003 stands conclusively determined by this Court in W.P.No.81728/2013. One such binding adjudication has attained finality, the respondent authority is duty bound to implement the same faithfully and has no discretion to interpret, dilute or negate the direction issued by this Court. An administrative order passed contrary thereto is vitiated by illegality and arbitrariness. Accordingly the impugned order at Annexure- M cannot be sustained and deserves to be quashed. 9. Accordingly this Court pass the following: ORDER i. The writ petition is hereby allowed. ii. The impugned order dated 29.02.2024 passed by the respondent at Annexure-M is hereby quashed. - 8 - HC-KAR NC: 2026:KHC-D:1828 WP No. 102645 of 2025 iii. The respondent is directed to extend the benefit of seniority, promotion and continuity of service to the petitioner strictly in terms of the order passed by this Court in W.P.No.81728/2013(S-RES) dated 24.11.2021 by notionally treating the petitioner's date of appointment as 12.02.2003 along with all consequential service benefits. iv. The aforesaid exercise shall be completed within 8 weeks from the date of receipt of the certified copy of this order. Sd/- JUSTICE K.S.HEMALEKHA EM Ct:VH List No.: 1 Sl No.: 5