W BALAKRISHNA v. THE VIJAYANAGAR SRI KRISHNADEVARAYA UNIVERSITY
RP/100006/2022 · 2026-02-16
B Muralidhara Pai, M I Arun
Review Petitionbody2026
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[ 2026 DAILYLAW 5781 (KAR) · dailylaw.ai ]
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[ 2026 DAILYLAW 5781 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC-D:2338-DB RP No. 100006 of 2022
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 16TH DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE M.I.ARUN AND THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI REVIEW PETITION NO. 100006 OF 2022 BETWEEN:
W. BALAKRISHNA, 64 YEARS, RESIDENT OF NAGAPPA COLONY, PLOT NO.3, BALLARI-583 101.
… REVIEW PETITIONER
(BY SRI HARSH DESAI AND SRI SRINIVAS NADAMANI, ADVOCATES ARE APPEARED THROUGH VC)
AND:
1.
THE VIJAYANAGAR SRI KRISHNADEVARAYA UNIVERSITY, GYNASAGARA CAMPUS, CANTONMENT, BALLARI-583 104, BY ITS VICE CHANCELLOR.
2.
THE VIJAYANAGAR SRI KRISHNADEVARAYA UNIVERSITY, GYNASAGARA CAMPUS, CANTONMENT, BALLARI-583 104, BY IT REGISTRAR.
3.
THE STATE OF KARNATAKA, BY THE PRINCIPAL SECRETARY TO HIGHER
Digitally signed by V N BADIGER Location: HIGH COURT OF KARNATAKA DHARWAD
BENCH
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HC-KAR NC: 2026:KHC-D:2338-DB RP No. 100006 of 2022
EDUCATION DEPARTMENT, M.S. BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU-560 001.
4.
GULBARGA UNIVERSITY, JNANA GANGA, KALABURAGI-586 106, BY ITS REGISTRAR.
… RESPONDENTS
THIS REVIEW PETITION FILED UNDER ORDER 47 RULE 1 AND SECTION 151 OF CPC, PRAYING TO REVIEW THE
JUDGMENT DATED 10.11.2020 PASSED BY THIS COURT IN W.A.
NO.100034/2015 (S-RES) AS PER ANNEXURE-A ONLY IN SO FAR AS IT DIRECTS RESPONDENTS-1 AND 2 TO CONTINUE THE PETITIONER IN THE POST OF ASSISTANT REGISTRAR AND CONSEQUENTLY DIRECT RESPONDENTS-1 AND 2 TO PAY THE ARREARS OF SALARY AND MONETARY BENEFITS TO PETITIONER HEREIN BY RE-FIXING HIS PAY AND REVISING PENSIONARY BENEFITS FORTHWITH, IN THE INTEREST OF JUSTICE.
THIS PETITION IS COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE M.I.ARUN AND THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI
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HC-KAR NC: 2026:KHC-D:2338-DB RP No. 100006 of 2022
ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.I.ARUN)
Writ Petition No.108900/2014 has been filed by the review petitioner with the following prayers:
“1. Quash the order dated 30.08.2013 found at Annexure-D.
2. Issue direction or order in the nature of mandamus to continue the petitioner in the post of Assistant Registrar to meet ends of justice.”
2. The writ petition filed by the petitioner was dismissed. Against which, he preferred Writ Appeal No.100034/2015 (S-RES). By the time the writ appeal was heard the petitioner had retired from the services of the University. However, the same was not brought to the notice of this Court. After hearing the parties, the writ appeal has been allowed and following order has been passed:
“i. The writ appeal is allowed. ii. The order passed in WP.No.108900/2014 is hereby set aside. iii. The order bearing No.Vi.Shri.Kru.Vi.Ba/Adalitha/ 2014-15/866 dated 30.08.2013 vide Annexure–
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HC-KAR NC: 2026:KHC-D:2338-DB RP No. 100006 of 2022
D to the writ petition passed by respondent No.1 is hereby set aside. iv. The respondent Nos.1 and 2 are directed to continue the appellant in the post of Assistant Registrar. No order as to costs.”
3. Subsequently, the petitioner has made a representation to the University to treat him as an Assistant Registrar and pay him salary and other service benefits accordingly. As the same has not been considered present review petition is filed with the following prayer:
“Wherefore it is most humbly prayed that this Hon’ble Court may be pleased to review the judgment dated: 10.11.2020 passed by this Hon’ble Court in WA No.100034 of 2015(S-RES) as per ANNEXURE-A only in so far as it directs Respondents-1 & 2 to continue the petitioner in the post of Assistant Registrar, and consequentially direct Respondents-1 & 2 to pay the arrears of salary and monetary benefits to Petitioner herein by re-fixing his pay and revising pensionary benefits forthwith, in the interest of justice.”
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HC-KAR NC: 2026:KHC-D:2338-DB RP No. 100006 of 2022
4. The order in writ appeal passed based upon the
submissions made by the contesting parties. Neither the petitioner nor the University brought it to the notice of the Court that the petitioner had already retired from the service when the order was passed by this Court on 10.11.2020. Further, the grounds and the prayer made were only in respect of continuing the petitioner as an Assistant Registrar in the University. The order in Writ Appeal No.100034/2015 (S-RES) has been passed after taking those facts into
consideration. There is no error apparent on the face of the record.
5. Hence, the review petition is hereby dismissed, reserving liberty to the petitioner to work out his remedies by approaching the appropriate forum in the manner known to law.
Sd/- (M.I.ARUN) JUDGE
Sd/- (B. MURALIDHARA PAI) JUDGE CKK CT:BCK/ LIST NO.: 1 SL NO.: 26