IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 07TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE G.NARENDAR WRIT PETITION Nos.29368-29405/2019 (S-RES) BETWEEN 1. DR. M MUNIRAJU S/O MUTHAPPA, AGE 55 YEARS, DEAN AND CHAIRMAN, DEPARTMENT OF COMMERCE BANGALORE UNIVERSITY CENTRAL COLLEGE CAMPUS, BANGALORE-560001 2. DR. VAHINI W/O ARAVINDA SHETTY, AGE 36 YEARS, ASSISTANT PROFESSOR, DEPARTMENT OF ELECTRONIC MEDIA BANGALORE UNIVERSITY, J B CAMPUS, BANGALORE-560056 3. DR. RAJESWARI R W/O H N THARESH, AGE 37 YEARS, ASSISTANT PROFESSOR, DEPARTMENT OF ELECTRONIC MEDIA, BANGALORE UNIVERSITY, J B CAMPUS, BANGALORE-560056 4. DR HARIPRASAD S/O LATE M SURESH, AGE 56 YEARS, DEPARTMENT OF CHEMISTRY, BANGALORE CENTRAL UNIVERSITY, CENTRAL COLLEGE CAMPUS, BANGALORE-560001 5. DR V V SURESH BABU S/O V SUBRAMNYAM, AGE 58 YEARS, PROFESSOR, DEPARTMENT OF CHEMISTRY, BANGALORE UNIVERSITY, JNANABHARATHI CAMPUS, BANGALORE-560056 6. SRI P VISHNU KAMATH S/O LATE P V KAMATH, AGE 60 YEARS, PROFESSOR, DEPARTMENT OF CHEMISTRY, BANGALORE UNIVERSITY, JNANABHARATHI CAMPUS, BANGALORE-560056 7. PROF. L GOMATHI DEVI D/O LAKSHMIPATHI NAIK, AGE 61 YEARS, PROFESSOR, DEPARTMENT OF CHEMISTRY, BANGALORE UNIVERSITY, JNANABHARATHI CAMPUS, BANGALORE-560056 8. PROF PUTTASWAMY S/O CHIKKABOREGOWDA, AGE 59 YEARS, PROFESSOR, DEPARTMENT OF CHEMISTRY, BANGALORE UNIVERSITY, JNANABHARATHI CAMPUS, BANGALORE-560056 9. PROF. K R SIDDALINGAMURTHY S/O K S RUDRAIAH, AGE 61 YEARS, PROFESSOR, DEPARTMENT OF BIOCHEMISTRY, BANGALORE UNIVERSITY, JNANABHARATHI CAMPUS, BANGALORE-560056 10. PROF. DR SURESH V NADAGOUDAR S/O VENKANNA NADAGOUDAR, AGE 51 YEARS, PROFESSOR, UNIVERSITY LAW COLLEGE, BANGALORE UNIVERSITY, JNANABHARATHI CAMPUS, BANGALORE-560056 11. PROF VAISHALI K S D/O K H SRINIVASA, AGE 49 YEARS, PROFESSOR, DEPARTMENT OF ENGLISH, BANGALORE UNIVERSITY J B CAMPUS, BANGALORE-560056 12. DR R SARVAMANGALA W/O DR M PUTTANNA, AGE 45 YEARS, PROFESSOR, DEPARTMENT OF COMMERCE, BANGALORE UNIVERSITY, J B CAMPUS, BANGALORE-560056 13. PROF. ASHOK D HANJAGI S/O DEVENDRAPPA, AGE 51 YEARS, PROFESSOR AND CHAIRMAN DEPARTMENT OF GEOGRAPHY, BANGALORE UNIVERSITY, J B CAMPUS, BANGALORE-560056 14. PROF DR SUDESH V S/O R VASUDEV, AGE 51 YEARS, PROFESSOR, UNIVERSITY LAW COLLEGE, BANGALORE UNIVERSITY, JNANABHARATHI CAMPUS, BANGALORE-560056 15. DR CHANDRAKANTHI L D/O LINGARAJU, AGE 41 YEARS, ASSISTANT PROFESSOR, UNIVERSITY LAW COLLEGE, BANGALORE UNIVERSITY, JNANABHARATHI CAMPUS, BANGALORE-560056 16. DR N SATHISH GOWDA S/O NANJE GOWDA, AGE 37 YEARS, ASSISTANT PROFESSOR, UNIVERSITY LAW COLLEGE, BANGALORE UNIVERSITY, JNANABHARATHI CAMPUS, BANGALORE-560056 17. DR JYOTHI VISHWANATH D/O VISHWANATH M K AGE 42 YEARS, ASSISTANT PROFESSOR, UNIVERSITY LAW COLLEGE, BANGALORE UNIVERSITY, JNANABHARATHI CAMPUS, BANGALORE-560056 18. DR H PANDURANGAPPA S/O MALINGAPPA, AGE 57 YEARS, PROFESSOR DEPARTMENT OF CHEMISTRY BANGALORE CENTRAL UNIVERSITY BANGALORE-560001 19. DR R GEETHA D/O VENKATASWAMY, AGE 46 YEARS, DEPARTMENT OF ENGLISH BANGALORE UNIVERSITY, JNANABHARATHI CAMPUS,. BANGALORE-560056 20. DR B N SREEKETHY S/O NARAYANACHAR, AGE 45 YEARS, ASSISTANT PROFESSOR, DEPARTMENT OF ENGLISH BANGALORE UNIVERSITY, JNANABHARATHI CAMPUS,. BANGALORE-560056 21. DR ANURADHA S W/O SRINIVASA, AGE 43 YEARS, DEPARTMENT OF ELECTRONIC SCIENCE, BANGALORE UNIVERSITY, JNANABHARATHI CAMPUS,.
BANGALORE-560056 22. B G SHIVAKUMARI W/O SUNDAR KUMAR, AGE 57 YEARS, LIBRARIAN UNIVERSITY LAW COLLEGE, BANGALORE UNIVERSITY, JNANABHARATHI CAMPUS,. BANGALORE-560056.
23. DR B R RADHAKRISHNA S/O RANGANATH, AGE 56 YEARS, LIBRARIAN, BANGALORE UNIVERSITY, JNANABHARATHI CAMPUS,. BANGALORE-560056 24. MOHAMED AFZAL PASHA S/O MOHAMED GHOUSE, AGE 61 YEARS, PROFESSOR, DEPARTMENT OF CHEMISTRY, BANGALORE UNIVERSITY, CENTRAL COLLEGE CAMPUS, BANGALORE-560056 25. DR T H MURTHY S/O HONNAIAH, AGE 57 YEARS, PROFESSOR AND DIRECTOR, DEPARTMENT OF C.R.D.S. BANGALORE UNIVERSITY, JNANABHATHI CAMPUS, BANGALORE-560056 26. DR PUTTASWAMAIAH S/O SANJEEVAIAH, AGE 47 YEARS, ASSISTANT PROFESSOR, DEPARTMENT OF ECONOMICS, BANGALORE UNIVERSITY, JNANABHARATHI CAMPUS, BANGALORE-560056 27. DR ASHWATHNARAYAN S/O THIMMARAYAPPA, AGE 60 YEARS, PROFESSOR, DEPARTMENT OF HISTORY, BANGALORE UNIVERSITY, JNANABHARATHI CAMPUS, BANGALORE-560056 28. DR V R DEVARAJ S/O RANGAIAH, AGE 55 YEARS, PROFESSOR DEPARTMENT OF BIOCHEMISTRY, BANGALORE CENTRAL UNIVERSITY, CENTRAL COLLEGE CAMPUS, BANGALORE-560001 29. PROF. NOOR SHAHIMA BEGUM W/O NAYEEMULLA KHAN, AGE 59 YEARS, PROFESSOR, DEPARTMENT OF CHEMISTRY, BANGALORE UNIVERSITY, JNANABHARATHI CAMPUS, BANGALORE-560056 30. DR B P HARINI W/O DR S SATISH, AGE 47 YEARS, DEPARTMENT OF ZOOLOGY, BANGALORE UNIVERSITY, J B CAMPUS, BANGALORE-560056 31. DR B ESWARAPPA S/O BETTEGOWDA, AGE 68 YEARS, PROFESSOR (RTD) DEPARTMENT OF GEOGRAPHY, BANGALORE UNIVERSITY, JNANABHARATHI CAMPUS, BANGALORE-560056 32. PROF. G T CHANDRAPPA S/O LATE THIMMANNA, AGE 65 YEARS, PROFESSOR (RTD) DEPARTMENT OF CHEMISTRY, NO.63, 17TH CROSS, 8TH MAIN, MUTHYAL NAGAR, BANGALORE-560054 33. PROF K R NAGASUNDRA S/O K R RAJENDRASWAMY, AGE 67 YEARS, PROFESSOR (RTD) DEPARTMENT OF CHEMISTRY NO.611, 2ND A MAIN ROAD, NAGARBHAVI 2ND STAGE, BANGALORE-560072 34. DR K N MAHENDRA S/O KADIDAL NAGAPPA, AGE 67 YEARS, PROFESSOR (RTD) DEPARTMENT OF CHEMISTRY NO.34, 10TH CROSS, GOPAL BADAVANE, MALLATHALLI, BANGALORE-560056 35. DR JAYA PRAKASH S/O LATE B S SIDDEGOWDA, AGE 66 YEARS, PROFESSOR (RTD) DEPARTMENT OF ZOOLOGY, NO.1192, 18TH MAIN, 5TH BLOCK, RAJAJINAGAR, BANGALORE-560010 36. ADHILAKSHMI R W/O NANJAPPA SHETTY G N, AGE 66 YEARS, LIBRARIAN (RTD) BANGALORE UNIVERSITY NO.723, 2ND MAIN, 2ND STAGE, XI BLOCK, NAGARBHAVI, BANGALORE-560072 37. DR M D FAROOQ AHMED AGE 69 YEARS, PROFESSOR (RTD) DEPARTMENT OF CHEMISTRY, NO.21, AHAMED SAIT ROAD, FRAZER TOWN, BANGALORE-560005 38. DR LATHIKANATH D/O LATE M M NARENDRANATH, AGE 65 YEARS, ASSOCIATE PROFESSOR (RTD) DEPARTMENT OF LAW, A-701, STERLING APARTMENT, 80 RMV-II, DOLLORS COLONY, BANGALORE-560094.
... PETITIONERS (BY SRI.B.B.BALLARI, ADV.) AND 1. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HIGHER EDUCATION, M.S.BUILDING, BANGALORE-560001 2. THE PRINCIPAL SECRETARY TO GOVERNMENT FINANCE DEPARTMENT, GOVERNMENT OF KARNATAKA, VIDHANA SOUDHA, BANGALORE-560001 3. THE ACCOUNTANT GENERAL IN KARNATAKA (A&E) PARK HOUSE, BANGALORE-560056.
4. THE REGISTRAR BANGALORE UNIVERSITY, J.B. CAMPUS, BANGALORE-560056 ... RESPONDENTS (BY SRI T.S.MAHANTHESH, AGA FOR R1 & R2, SRI B.RAMESH, ADV. FOR R4, NOTICE NOT ORDERED IN R/O R3.) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER (SUCHAN PATRA) ISSUED BY THE R-4 VIDE ANNEXURE-B1 TO B38 DATED 07.06.2019 ETC.
THESE WRIT PETITIONS COMING ON FOR ‘PRELIMINARY HEARING’ THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioners.
2. Petitioners are all serving and retired professors having obtained Doctorate in their respective streams of study. The petitioners are aggrieved by the proceedings of respondent No.4 dated 07.06.2019 and proceedings of respondent No.1 dated 18.03.2019 whereby the respondents have sought to recover sums alleged to have been paid in excess of their entitlement. It is claimed that the said payment have been made on account of confusion while calculating the entitlement pursuant to the wage revision by the Sixth Pay Commission.
3. It is submitted by the learned counsel for the petitioners that no excess amounts have been paid to the petitioners and hence, the alleged recovery is impermissible.
4. Reliance is placed on the ruling of the Hon’ble Apex Court in the case of State of Punjab and Ors. etc v. Rafiz Masih (WhiteWAsher) etc reported in AIR 2015 SCC 696.
5. In the opinion of this Court, the said judgment would be inapplicable to the petitioners. The Hon’ble Apex Court taking note of the economic condition of certain classes of employees, deemed it fit to issue a direction that if amounts are paid in excess, it could not be permissible to permit the employer to recover it after the passage of several years as it applied inequitably to such employees (Group C & D/Class III & IV) who are wholly reliant on the salary which is their sole source of income.
6. In the instant case, the petitioners are all highly qualified and academicians holding Doctorate Degrees and by no stretch of imagination can be identified with that classes of employees who were before the Hon’ble Apex Court in the said case. The Hon’ble Apex Court while disposing of the Appeal preferred by the State of Punjab in Paragraph No.12 and 12(1) has directed as follows:
12. It is not possible to postulate all situations of hardship, which would govern employees on the issue of recovery, where payments have mistakenly been made by the employer, in excess of their entitlement. Be that as it may, based on the decisions referred to herein above, we may, as a ready reference, summarise the following few situations, wherein recoveries by the employers, would be impermissible in law:
(i) Recovery from employees belonging to Class-III and Class-IV service (or Group 'C' and Group 'D' service).
7. Be that as it may, the contention of the petitioners is that no excess amounts have been paid and that they have submitted a representation to the Authorities and that the same has not been considered.
8. Learned AGA would submit that the writ petitions could be disposed of by permitting the respondents to consider and dispose of the representation vide Annexure-D dated 27.06.2019 to the writ petitions. Submission of the learned AGA is placed on record.
Accordingly, the writ petitions are disposed of with a direction to respondent No.1 to consider the writ petitions as a representation and pass necessary orders. While passing the orders, respondent No.1 shall also look into the representation addressed to respondent No.4 vide Annexure-D to the writ petitions. Consideration and disposal shall be within a period of Twelve weeks from the date of receipt of certified copy of this order. If respondent No.1 fails to dispose of the representation within eight weeks as stipulated by this Court, then the respondents shall stand restrained from further deducting any sum from the salaries/pensions being paid to the petitioners, till the disposal of the representations.
No order as to costs.
Sd/- JUDGE VM CT:HR