IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE R DEVDAS WRIT PETITION No.47836/2018 (S-RES) c/w WRIT PETITION Nos.47839, 47895 & 47896 OF 2018 (S-RES) WP No.47836/2018 Between Dr.J Shivanna Aged about 62 years Professor, s/o Javarappa R/a No.33, 2nd Cross Snehanagara, Amruthhalli Road, Bengaluru-560 092. .. Petitioner (By Sri Manjunatha V Rayappa, Advocate) And 1. The State of Karnataka Department of Agriculture M S Building Bengaluru-560 001 Reptd. by its Principal Secretary.
2. The Administrative Officer G.K.V.K, University of Agriculture, Bangalore-560065. .. Respondents (By Smt.M S Prathima, AGA for R1, Sri M Sreenivasa, Advocate for R2) This writ petition is filed under Articles 226 and 227 of the Constitution of India, praying to direct the respondents to consider the representation dated 14.9.2018 vide Annexure-F and also the representation dated 1.10.2018 vide Annexure-G as expeditiously as possible and etc.
WP No.47839/2018 Between Dr.M Chandre Gowda Aged about 62 years S/o M V Gowda, Professor R/o No.589, 9th `A’ Main Near Rajiv Gandhi Park Yelahanka New Town Bengaluru-560 064. .. Petitioner (By Sri Manjunatha V Rayappa, Advocate) And 1. The Principal Secretary Govt. of Karnataka Department of Agricultural Sciences, M S Building Bengaluru-560 001.
2. The Administrative Officer University of Agriculture G.K.V.K, Bangalore-560065. .. Respondents (By Smt.M S Prathima, AGA for R1, Sri M Sreenivasa, Advocate for R2) This writ petition is filed under Articles 226 and 227 of the Constitution of India, praying to direct the respondents to consider the representation dated 19.9.2018 vide Annexure-F and also the representation dated 1.10.2018 vide Annexure-G as expeditiously as possible and etc.
WP No.47895/2018 Between Dr.H Chandrappa, Aged about 62 years S/o Hanumanthaiah A K, Professor, R/o No.3, 3rd Cross, B G R Extension Hiriyur-577 598 Chitradurga District. .. Petitioner (By Sri Manjunatha V Rayappa, Advocate) And 1. The Principal Secretary Govt. of Karnataka Department of Agricultural Sciences, M S Building Bengaluru-560 001.
2. The Registrar University of Agricultural and Horticultural Sciences Shivamogga – 577 204. .. Respondents (By Smt.M S Prathima, AGA for R1, Sri Thyagaraja S, Advocate for R2) This writ petition is filed under Articles 226 and 227 of the Constitution of India, praying to direct the respondents to consider the representation dated 18.9.2018 vide Annexure-F and also the representation dated 1.10.2018 vide Annexure-G as expeditiously as possible and etc.
WP No.47896/2018 Between Prof.K T Rajendra Prasad Aged about 62 years S/o B K Thimmaiah Associate Professor, R/o 1st Cross, 100 Feet Road Vedavathinagar, Hiriyur-577 598 Chitradurga District. .. Petitioner (By Sri Manjunatha V Rayappa, Advocate) And 1. The Principal Secretary Govt. of Karnataka Department of Agricultural Sciences, M S Building Bengaluru-560 001.
2. The Registrar University of Agricultural and Horticultural Sciences Shivamogga – 577 204. .. Respondents (By Smt.M S Prathima, AGA for R1, Sri Thyagaraja S, Advocate for R2) This writ petition is filed under Articles 226 and 227 of the Constitution of India, praying to direct the respondents to consider the representation dated 18.9.2018 vide Annexure-F and also the representation dated 1.10.2018 vide Annexure-G as expeditiously as possible and etc.
These writ petitions coming on for preliminary hearing this day, the Court passed the following: -
ORDER R. DEVDAS J., (ORAL):
Petitioners in WP Nos.47836, 47839 and 47895 of 2018 were working as Professors and petitioner in WP No.47896/2018 was working as Associate Professor of Horticulture with respondent – University.
2. It is submitted that respondent – University is governed by UGC Regulations. The petitioners sought enhancement of age of superannuation from 62 to 65 years in terms of UGC Regulations. In that light, they had filed several petitions before this Court including WP No.17932/2018. In the said writ petition, an interim order dated 26.4.2018 was passed by this Court directing the respondents not to relieve the petitioners from service till he reaches the age of 65 years. Similar interim orders were passed in respect of these writ petitioners also.
3. The grievance of petitioners is that by virtue of interim order, the petitioners have served in the respondent – University for a period of two months before attaining the age of superannuation. They have made individual representation to the University seeking payment of salary for two months, during which, they have rendered service to the University. Since the representations of the petitioners have not been considered positively, they are before this Court.
4. In similar circumstances, this Court in WP No.46087/2018 in the case of Dr.B Hanmumanthappa – vs- State and another, which was disposed of on 12.10.2018, it was held that the petitioner has served in view of the interim order granted by this Court. When a person has served by virtue of interim order and when such a person has made representations seeking payment of salary and allowances for the period of working, the same requires to be considered by the respondents. That petition was disposed of with a direction to the respondents to consider the representations given by the petitioners, within a period of three months from the date of receipt of a copy of the order.
5. This Court is of the opinion that similar direction needs to be issued in these petitions also. Accordingly, the writ petitions are disposed of with a direction to both the respondents to consider the representations given by the petitioners and pass appropriate orders within a period of three months from the date of receipt of copy of this Court.
SD/- JUDGE Bkm