Gurunath v. Karnataka State Law University Hubballi, Dist. Dharwad 590001 Rep By Its Registrar
2023-01-25
E.S.INDIRESH
body2023
DigiLaw.ai
JUDGMENT E.S. Indiresh, J. - In this writ petition, petitioner is seeking a writ of mandamus against the 2nd respondent to approve the deputation of the petitioner to the 1st respondent University in compliance of the communication dated 04.12.2019 addressed to 1st respondent University (Annexure-D) and such other reliefs. 2. I have heard Sri. Mrutyunjaya Tata Bangi, learned counsel appearing for the petitioner, Sri. K. L. Patil, learned counsel appearing for the 1st respondent University and Sri.Shivaprabhu S. Hiremath, learned Additional Government Advocate for 2nd respondent. 3. Sri. Mrutyunjaya Tata Bangi, learned counsel appearing for the petitioner submitted that, the petitioner was working at Visveshwarayya Technological University, Belagavi (hereinafter referred to as the 'VTU' for short), as Assistant and now discharging his duties in the 1st respondent University on deputation basis since September, 2020 in terms of the letter dated 06.08.2020 (Annexure-G) issued by the 1st respondent University, after obtaining No Objection from the VTU. Further, in terms of the Syndicate Resolution of the 1st respondent University dated 29.10.2022, the 1st respondent University once again requested the petitioner to secure No objection from the Parent Department i.e., VTU and accordingly the petitioner obtained No Objection from the VTU dated 21.12.2022, which is produced herewith as per Annexure-P. It is further stated that, the 1st respondent University has withheld the salary of the petitioner from the month of October, 2022, though he is working continuously without any break. It is stated that, the petitioner has made a representation dated 30.12.2022 as per Annexure-Q, urging to release his salary, which is not considered. Feeling aggrieved by the same, petitioner has presented this writ petition. 4. After arguing the matter for some time, Sri. K. L. Patil, learned counsel appearing for the respondent No.1 submitted that the 1st respondent University is ready to relieve the petitioner from the 1st respondent University after paying the salary due till date with all consequential benefits. 5. Having heard the learned counsel appearing for the petitioner, It is not in dispute that the petitioner's Parent Department is VTU and on deputation, petitioner is working at the 1st respondent University and the petitioner has also obtained No Objection from the VTU to continue his services in the 1st respondent University in terms of letter dated 21.12.2022 (Annexure-P). 6.
Having heard the learned counsel appearing for the petitioner, It is not in dispute that the petitioner's Parent Department is VTU and on deputation, petitioner is working at the 1st respondent University and the petitioner has also obtained No Objection from the VTU to continue his services in the 1st respondent University in terms of letter dated 21.12.2022 (Annexure-P). 6. Though the said submission made by the learned counsel appearing for the 1st respondent University was countered by the learned counsel appearing for the petitioner, however, I find force in the proposition made at bar, since the petitioner being an employee of the VTU and working at 1st respondent University on deputation basis and taking into account the factual aspects, I am of the view that the 1st respondent University be directed to pay the salary to the petitioner with all consequential benefits accrued during the period of stay by the petitioner in the 1st respondent University till 31.01.2023. 7. Accordingly, writ petition is disposed of directing the 1st respondent University to release the salary of the petitioner up to 31.01.2023 with all consequential benefits accrued during the stay of the petitioner in the 1st respondent University in terms of the letter dated 06.08.2020 (Annexure-G) and relieve him from the duties in the 1st respondent University on 31.01.2023. Thereafter the petitioner is directed to approach the parent department i.e., VTU for his continuance of service. It is also made clear that, since the 1st respondent University has come out with a scheme to release salaries due to the petitioner with all consequential benefits, the VTU shall accommodate the petitioner with continuity of service from the date of his joining.