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2025 DIGILAW 1770 (KAR)

J Keshavayya, S/o Jathi Krishna Bhat v. State Of Karnataka By Its Additional Chief Secretary To Government Education Department (Higher Education)

2025-12-11

ASHOK S.KINAGI

body2025
ORDER : ASHOK S.KINAGI, J. 1. The petitioners filed W.P.No.4256/2022, seeking the following reliefs: i) Issue WRIT OF CERTIORARI, quashing Para 5 of the Impugned Government Order bearing No. ED 483 UNE 2017 dated 16.03.2019 passed by the 2nd Respondent (ANNEXURE D) 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. ii) Issue WRIT OF CERTIORARI, quashing the Impugned Letter bearing No.ED 19 UNE 2021 dated 21.10.2021 of the 1st Respondent (ANNEXURE E), & the Impugned Order bearing No. No. Ku. Vi/Maasani-1/2924/2021-22 dated 30.10.2021 passed by the 3rd Respondent (ANNEXURE - F) 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, in the interest of justice and equity. iii) Issue WRIT OF MANDAMUS directing the Respondents to release all consequential monetary benefits and arrears of salary along with arrears of Dearness Allowance amount flowing from quashing of the above Impugned Government Order dated 16.03.2019 of the 2nd Respondent (Annexure D), Impugned Letter dated 21.10.2021 of the 1st Respondent (Annexure 30.10.2021 (Annexure E) and Impugned Order dated passed by 3rd Respondent F), in the interest of justice and equity in the eye of law. W.P.No.21732/2022: i. Issue writ in the nature of certiorari to quash the impugned communication/direction vide bearing No. ED 483 UNE 2017 dated: 11-08-2010 issued by respondent no.1 as per Annexure-A to meet the interest of justice. ii. Issue writ in the nature of certiorari to quash the impugned memorandum vide bearing No. Thu. Vi: HaVi: 2020-21 dated: 14-08-2020 issued by respondent no.3 as per Annexure-B as illegal. iii. Issue writ in the nature of certiorari to quash the impugned communication vide bearing No. ED 19 USE 2021 Dated: 21-10-2021 issued by respondent no.1 as per Annexure-C as bad in law. iv. Issue writ in the nature of certiorari to quash the impugned communication vide bearing No. ED 306 UNE 2021 dated: 09-03-2022 issued by respondent no.1 as per as Annexure-D to meet the interest of justice. iv. Issue writ in the nature of certiorari to quash the impugned communication vide bearing No. ED 306 UNE 2021 dated: 09-03-2022 issued by respondent no.1 as per as Annexure-D to meet the interest of justice. V. Issue writ in the nature of certiorari to quash the impugned order bearing No. ThuVi: Sibbandhi: 2022- 23/654 dated: 30-05-2022 issued by respondent no.3 as per Annexure-E to meet the interest of justice. vi. Issue Writ of mandamus directing the Respondents to release all consequential monetary benefits and arrears of salary along with arrears of Dearness Allowance amount flowing from quashing the above Impugned Government Order dated: 16- 03-2019 of the 2nd Respondent [Annexure-K]. vil. Consequently also issue necessary direction to respondent no.3 and 4 University to repay the amount of recovery if any made during the pendency of the above writ petition to meet the interest of justice. W.P.No.5297/2023: 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. Insofar as petitioners concerned herein 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), the Impugned letter bearing No. ED 306 UNE 2021 dt.09.3.2022 issued by the 5th 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 bearing No. DCE/BUD/GEM/22/2022/ BUD dt. 16.12.2022 issued by the 7th Respondent (ANNEXURE-H), and Circular bearing No. DCE / BUD/GEN/22/2022 dtd: 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, in the interest of justice and equity. Insofar as petitioners concerned. Insofar as petitioners 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 (Annexure-A) 11.05.2010 (Annexure-B), and 14.08.2012 (Annexure-C), and UGC notifications in the interest of justice and equity. Insofar as petitioners concerned. 2. Brief facts, leading rise to the filing of these petitions are as follows: 3. The petitioners are Professors, Associate professors, Assistant professors, Librarians and Physical Education Personnel of third respondent university. Some of the petitioners have served the third respondent university and they have retired from service on attaining the age of superannuation. Some of the petitioners are family pensioners of the Professors/Librarians/Physical Education Personnel who died while they were in service or after retirement from service. Dearness Allowance is an integral part of salary drawn by an employee, which is based on the All India Consumer Price Index applicable for the entire country. Though the Government of India had specifically imposed the condition that the scheme of the revision of pay scales have to be accepted and implemented as a composite scheme and the revised rates of Dearness Allowance shall be effective from 01.01.2016. 4. Respondent No.2 has issued the impugned Government Order dated 16.03.2019 stipulating under para 5 that the arrears of Dearness Allowance shall be payable prospectively from the date of issue of the order, which is illegal, bad in law, arbitrary one and against Articles 14, 16 and 21 of the Constitution of India. It is contended that the impugned letter dated 21.10.2021 addressed by respondent No.1 to the Commissioner for Collegiate and Technical Education in Karnataka and also to all the Registrars of all the universities in Karnataka including Respondent No.3 directing to pay only the basic pay of pay revision of 2016 with effect from 01.01.2016 and to recover the Dearness Allowance amount paid to the Professors during UGC Pay Revision of 2006 i.e., after lapse of more than 12-15 long years, which is impermissible. Hence, the petitioners aggrieved by the impugned orders vide Annexures D, E, F filed the writ petition in W.P.No.4256/2022, the petitioners aggrieved by the impugned orders vide Annexures A, B, C, D, and E filed the W.P.No.21732/2022 and the petitioners aggrieved by the impugned orders vide Annexures E, E1, F, G, H and J filed the writ petition in W.P.No.5297/2023. 5. Heard the learned counsel for the petitioners, and learned counsel for the respondents. 6. Learned counsel for the petitioners submits that the similarly placed petitioners approach this court in WP No.26147 of 2024 and connected matters. The Co- ordinate bench of this Court by order dated 11.02.2025 quashed the impugned notification therein dated 20.03.2024 insofar as retired Professors. The learned counsel for the petitioners submits that that the similar order may be passed on the ground of parity. Hence, prays to allow the petitions. 7. Per contra, learned counsel for the respondents does not dispute that the issue involved in the instant case is squarely covered by the order passed by the Co- ordinate bench in the writ petition referred above. Hence, he prays to dispose of the writ petitions. 8. Perused the records and considered the submissions of the learned counsel for the parties. 9. It is an undisputed fact that petitioners were working as Professor, Assistant Professor, Associate Professor, Librarian and Physical Education Personnel. The impugned communication of recovery indicates that the recovery is towards the excess amount said to have been paid towards the DA and HRA from 01.01.2016 to 16.03.2019. Admittedly, no notice whatsoever is issued calling upon the petitioners to show cause as to why excess amount of DA and HRA paid to them should not be recovered, and without issuing a notice the respondent has passed an impugned orders. 10. The Hon'ble Apex Court in the case of State of Punjab and others vs. Rafiq Masih (Whitewasher) reported in (2015) 4 SCC 334 held Para 6, which reads as follows: "6. In Sahib Ram Verma's case, (1995 AIR SCW 1780) (supra), this Court once again held that although the appellant therein did not possess the required educational qualification, yet the Principal granting him the relaxation, had paid his salary on the revised pay scale. This Court further observed that this was not on account of mis-representation made by the appellant but by a mistake committed by the Principal. This Court further observed that this was not on account of mis-representation made by the appellant but by a mistake committed by the Principal. In a fact situation of that nature, the Court was pleased to observe that the amount already paid to the appellant need not be recovered. In the words of the Court: "Admittedly the appellant does not possess the required educational qualifications. Under the circumstances the appellant would not be entitled to the relaxation. The Principal erred in granting him the relaxation. Since the date of relaxation the appellant had been paid his salary on the revised scale. However, it is not on account of any misrepresentation made by the appellant that the benefit of the higher pay scale was given to him but by wrong construction made by the Principal for which appellant cannot be held to be fault. Under the circumstances the amount paid till date may not be recovered from the appellant." (emphasis supplied) 11. The Co-ordinate Bench of this Court considering the judgment of the Hon'ble Apex Court in Rafiq Masih(Whitewasher) (Supra) has held that no notice was issued calling upon the petitioners to explain as to why the recovery should not be affected. In the case on hand, the impugned communication is in violation of principles of natural justice, and the issue involved in this case is squarely covered by the order passed by the Co-ordinate Bench in the above referred writ petition. Accordingly, the petitioners are entitled for similar benefits in all the petitions. 12. In view of the above discussion, I proceed to pass the following order: ORDER i. The writ petitions are allowed ii. The impugned communications in W.P.No.4256 of 2022 vide Annexures D dated 16.03.2019, E dated 21.10.2021 and F dated 30.10.2021 are hereby quashed. iii. The impugned communications in W.P.No.21732 of 2022 vide Annexures A dated 11.08.2020, B dated 14.08.2020, C dated 21.10.2021, D dated 09.03.2022, E dated 30.05.2022 are hereby quashed. iv. The impugned communications in W.P.No.5297 of 2023 vide Annexure-E dated 16.03.2019, E1 dated 21.10.2021, F dated 09.03.2022, G dated 17.05.2022, H dated 16.12.2022, and J dated 22.02.2023, are hereby quashed. v. Respondents respectively are directed to issue notice and provide an opportunity of hearing to the petitioners and then pass the appropriate order in accordance with law. vi. iv. The impugned communications in W.P.No.5297 of 2023 vide Annexure-E dated 16.03.2019, E1 dated 21.10.2021, F dated 09.03.2022, G dated 17.05.2022, H dated 16.12.2022, and J dated 22.02.2023, are hereby quashed. v. Respondents respectively are directed to issue notice and provide an opportunity of hearing to the petitioners and then pass the appropriate order in accordance with law. vi. It is made clear that the petitioners who are retired from service, the impugned endorsements are quashed. Insofar as the petitioners who are in service, the respondent – university respectively is directed to issue a show cause notice to the petitioners and provide an opportunity to reply or appear in all three matters and pass the appropriate order in accordance with law. vii. In view of the disposal of the petitions, pending IAs, do not survive for consideration and they are disposed of accordingly.