Dismissed

The State of Karnataka v. Prof. S.S. Pattnashetti

Karnataka HC20 Nov 2018WA/100046/2016

Case brief

AI extract

What is this about?

The Karnataka High Court dismissed writ appeals filed by the State against a Single Judge order directing interest payment on salary arrears. The State offered to withdraw the appeals, reserving liberty to seek modification or review, which the Court accepted.

What did the court decide?

Writ appeals dismissed as withdrawn with liberty to the State to seek modification or review of the interest direction.

The State of Karnataka Vs Prof. S.S. Pattnashetti — Writ and Judicial Review | Karnataka HC (2018)

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WA Nos.100046/2016 & WA Nos.100164-195/2016

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 20^TH DAY OF NOVEMBER, 2018

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PRESENT

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THE HON’BLE MRS. JUSTICE B.V. NAGARATHNA

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AND

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THE HON’BLE MR. JUSTICE A.S. BELLUNKE

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WRIT APPEAL No. 100046 OF 2016 (S-R)

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AND

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WRIT APPEAL Nos.100164-195 OF 2016 (S-R)

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BETWEEN:

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THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, EDUCATION DEPARTMENT (HIGHER EDUCATION), M.S.BUILDING, BENGALURU.

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THE PRINCIPAL SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT, GOVERNMENT OF KARNATAKA, VIDHANA SOUDHA, BENGALURU.

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THE COMMISSIONER FOR COLLEGIATE EDUCATION IN KARNATAKA, M.S. BUILDING, BENGALURU.

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WA Nos.100046/2016 & WA Nos.100164-195/2016

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THE ACCOUNTANT GENERAL IN KARNATAKA (A & E) PARK HOUSE, BENGALURU.

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... APPELLANTS

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(BY SRI. RAVI HOSAMANI, ADDITIONAL GOVERNMENT ADVOCATE)

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AND:

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PROF. S.S. PATTNASHETTI AGE: 61 YEARS, OCC: RETD. ASSOCIATE PROFESSOR R/O. HNO. 1903, HUBLI ROAD, KAVALAPETH, NAVALGUND, DIST. DHARWAD.

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PROF. S.S. BHONSLE, AGE: 63 YEARS OCC: RETD. ASSOCIATE PROFESSOR R/O. D.NO. 35, D D COLONY, II STAGE, HANUMAN NAGAR, BELAGAVI.

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PROF. S K KHAJJANNAVAR AGE: 63 YEARS, OCC: RETD. PHYSICAL INSTRUCTOR R/O. MIG II/4. HUDCO COLONY AKOL ROAD, OPP. TO APMC NIPPANI, TQ: CHIKKODI DIST: BELAGAVI

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PROF. R V JANNU AGE: 60 YEARS, OCC: RETD. ASSOCIATE PROFESSOR R/O. 551, R C NAGAR, II STAGE BELAGAVI

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PROF. B D KOLKAR

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3 WA Nos.100046/2016 & WA Nos.100164-195/2016

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AGE: 63 YEARS, OCC: RETD. ASSOCIATE PROFESSOR R/O. R S NO. 73/2/12/13 6^TH A, 10^TH CROSS, BHAGYANAGAR, BELAGAVI

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PROF. DR. B.D. HUDDAR AGE: 63 YEARS, OCC: RETD. ASSOCIATE PROFESSOR AND HEAD OF THE DEPARTMENT, R/O. H NO. 88, PATIL LAYOUT, LINGARAJ NAGAR, HUBBALLI , DIST: DHARWAD.

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PROF. N B KANAVALLI AGE: 62 YEARS, OCC: RETD. ASSOCIATE PROFESSOR R/O. SANDESH SAMBHRAM NIWAS RENUKA NAGAR, NEAR I B/ NEW COURT, HANGAL, DIST: HAVERI

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PROF. V L PATIL AGE: 61 YEARS, OCC: RETD. PHYSICAL INSTRUCTOR R/O. NEAR COURT, BEHIND I B, HANGAL, DIST: HAVERI

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PROF. S R GUNDKALLE AGE: 61 YEARS, OCC: RETD. PRINCIPAL R/O. 244, II STAGE, NEAR STATE BANK OF INDIA, RANI CHANNAMMA NAGAR, BELAGAVI, DIST: BELAGAVI.

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SMT.SUMANGALA B GANAGI, W/O. B A GANAGI AGE: 56 YEARS, OCC: FAMILY PENSIONER R/O. SIDDESHWAR NO. 42,

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WA Nos.100046/2016 & WA Nos.100164-195/2016

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MAHANT NAGAR, 2^ND CROSS, DHARWAD.

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PROF.A.S. KADI AGE: 62 YEARS, OCC: RETD. PROFESSOR R/O. 11^TH CROSS, II MAIN, NIRMAL NAGAR, DHARWAD.

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PROF. L V PATIL AGE: 61 YEARS, OCC: RETD. PRINCIPAL R/O. HOUSING COLONY, SANKESHWAR, TQ: HUKKERI, DIST: BELAGAVI.

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PROF. A L GADGIL AGE: 62 YEARS, OCC: RETD. ASSOCIATE PROFESSOR R/O.75/B, VIDYANAGAR, 4^TH CROSS, ANGOL, BELAGAVI.

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SHRI D P DESHPANDE AGE: 62 YEARS, OCC: RETD. ASSOCIATE PROFESSOR R/O. 34 R C NAGAR-I, BELAGAVI.

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PROF. V A KUPWADE AGE: 61 YEARS, OCC: RETD. ASSOCIATE PROFESSOR R/O. 739, II STAGE, R C NAGAR, TILAKWADI, BELAGAVI.

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SHRI S F PATROTI AGE: 61 YEARS, OCC: RETD. ASSOCIATE PROFESSOR R/O. 573, 8^TH CROSS, BHAGYA NAGAR, BELAGAVI.

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WA Nos.100046/2016 & WA Nos.100164-195/2016

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PROF. SHAILA S MUTALIK PATIL AGE: 62 YEARS, OCC: RETD. ASSOCIATE PROFESSOR R/O. BHEEMRAO KAKATEKAR COLLEGE, BELAGAVI.

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SHRI P G PATRE AGE: 62 YEARS, OCC: RETD. ASSOCIATE PROFESSOR R/O. 29, PADMARAJ NAGAR, I MAIN, OPP. TO SHAKTI TEMPLE, GOKUL ROAD, HUBBALLI, DIST: DHARWAD.

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PROF. M B HUGAR AGE: 62 YEARS, OCC: RETD. ASSOCIATE PROFESSOR R/O. SIDDESHWAR COLONY, BASAV NAGAR, KAGWAD, TQ: ATHANI, DIST: BELAGAVI.

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PROF. S B PATIL AGE: 62 YEARS, OCC: RETD. ASSOCIATE PROFESSOR R/O. SIDDESHWAR COLONY, KAGWAD, TQ: ATHANI, DIST: BELAGAVI.

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SHRI A G NYAMAGOUDAR AGE: 63 YEARS, OCC: RETD. PRINCIPAL R/O. GANGA, SIDDESHWAR COLONY, KAGWAD, TQ: ATHANI DIST: BELAGAVI

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PROF. M J TANDELKAR AGE: 61 YEARS, OCC: RETD. PRINCIPAL R/O. H NO. 327, SAHYADRI NAGAR, BOUXITE ROAD, BELAGAVI

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WA Nos.100046/2016 & WA Nos.100164-195/2016

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PROF. S N HEGDE AGE: 61 YEARS, OCC: RETD. ASSOCIATE PROFESSOR R/O. GOKUL HUKKERIKAR NAGAR, VIDYAGIRI, DHARWAD.

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PROF. DR. AJIT PRASAD AGE: 64 YEARS, OCC: RETD. PRINCIPAL R/O. AHIMSA, HUKKERIKAR NAGAR, SHETTAR COLONY, DHARWAD.

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PROF. A K NASHI AGE: 61 YEARS, OCC: RETD. ASSOCIATE PROFESSOR R/O. J T COLLEGE ROAD, NEAR GANAPATI TEMPLE, GADAG

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PROF. G K SARVAMANGALA AGE: 61 YEARS, OCC: RETD. ASSOCIATE PROFESSOR R/O. C/O. DR A K NASHI, J T COLLEGE ROAD, NEAR GANAPATI TEMPLE, GADAG.

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PROF. DR. B.H. HADIMANI AGE: 62 YEARS, OCC: RETD. PRINCIPAL R/O. HEALTH CAMP, GADAG BETAGERI.

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PROF. DR.P.A. POLICEPATIL AGE: 63 YEARS, OCC: RETD. ASSOCIATE PROFESSOR R/O. 137, II STAGE RANI CHANNAMMA NAGAR,

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WA Nos.100046/2016 & WA Nos.100164-195/2016

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DHARWAD.

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PROF. DR.V.H. ARALI AGE: 63 YEARS, OCC: RETD. ASSOCIATE PROFESSOR R/O. H NO. 15, 3^RD STAGE, LINGARAJ NAGAR, HUBBALLI, DIST: DHARWAD.

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PROF. G M HEGDE AGE: 63 YEARS, OCC: RETD. ASSOCIATE PROFESSOR R/O. 6^TH CROSS, KALYAN NAGAR, DHARWAD.

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PROF. UMADEVI KUMARSWAMY MATHAD AGE: 61 YEARS, OCC: RETD. ASSOCIATE PROFESSOR R/O. ANUGRAHA, H.NO. 10, LINGARAJ NAGAR, NORTH HUBBALLI, DIST: DHARWAD.

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GAYATRI VASANTKUMAR AGE: 62 YEARS, OCC: RETD. ASSOCIATE PROFESSOR R/O.19 BHAGVAN SILVER PARK, DEVANGPET ROAD, HUBBALLI, DIST: DHARWAD. 33. PROF. ROOPA S GIDDE AGE: 62 YEARS, OCC: RETD. ASSOCIATE PROFESSOR R/O. BHARATI NAGAR, II CROSS DHARWAD

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UNION OF INDIA BY ITS SECRETARY TO GOVERNMENT, MINISTRY OF HUMAN RESOURCE DEVELOPMENT, DEPARTMENT OF HIGHER EDUCATION,

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WA Nos.100046/2016 & WA Nos.100164-195/2016

SHASTRI BHAVAN,

DELHI-01

THE REGISTRAR, KARNATAKA UNIVERSITY, DHARWAD-580003.

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THE FINANCE OFFICER, KARNATAKA UNIVERSITY, DHARWAD-580003.

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... RESPONDENTS

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(By Sri.SURESH P.HUDEDAGADDI &

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Sri.V.S.KALASURMATH, ADVS FOR R1, R4 TO R9, R13 TO R16, R18, R19, R21, R25, R26, R31 TO R33;

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SRI.K.R.BHAVANISHANKAR &

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SRI.K.B.MURALIDHAR ADVS. FOR R23 & R24; SRI.M.B.KANAVI ADV. FOR R34; SRI.MALLIKARJUN S.HIREMATH ADV. FOR R35 & 36; R2, R3, R10, R12, R17, R11, R20, R22, R27, R28, R29 & R30 ARE SERVED)

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THESE WRIT APPEALS ARE FILED U/S.4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE THE JUDGMENT AND ORDER DATED 28.07.2015 PASSED BY THE LEARNED SINGLE JUDGE IN WRIT PETITION NOs.105968-106000/2015 BY ALLOWING THESE APPEALS, AND ETC.

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THESE APPEALS COMING ON FOR ORDERS THIS DAY, NAGARATHNA J., DELIVERED THE FOLLOWING:

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WA Nos.100046/2016 & WA Nos.100164-195/2016

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J U D G M E N T

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These appeals are listed for orders. Learned Additional Government Advocate appearing for the State submits that the grievance of the State is with regard to the learned Single Judge directing payment of interest at 8% per annum on failure to make the payment of arrears of salary and other emoluments as per the revised pay-scale to the writ petitioners for the period from 01.01.2006 to 23.12.2009 in stages during the months of July 2015 and December 2015 as undertaken by the Government in their letter dated 15.05.2015 till the date of making complete payment.

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Learned Additional Government Advocate further submits that steps have been taken to make payments as per the direction issued by the learned Single Judge and in the circumstances, the direction to pay interest at 8% per annum was wholly unnecessary.

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WA Nos.100046/2016 & WA Nos.100164-195/2016

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Per contra , learned counsel for the respondents submit that the direction for payment of interest at 8% per annum is just and proper and that such a direction need not be interfered with in these appeals.

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By way of reply, learned Additional Government Advocate appearing for the State submits that the State may be permitted to withdraw these Writ Appeals reserving liberty to the State to seek either modification or review of the impugned direction with regard to the payment of interest at 8% per annum.

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In response, learned counsel for the respondents submit that appropriate orders may be made in the writ appeals.

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In the circumstances, the writ appeals are dismissed as withdrawn. However, liberty is reserved to the State to seek either modification

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WA Nos.100046/2016 & WA Nos.100164-195/2016

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or review of the direction issued by the learned Single Judge with regard to the payment of interest at 8% per annum, as noted in paragraph

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12 of the impugned order dated 28.07.2015.

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Ordered accordingly.

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In view of the dismissal of the writ appeals, applications stand disposed.

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Sd/JUDGE

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Sd/JUDGE

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RK/-

The State of Karnataka v. Prof. S.S. Pattnashetti

Case brief

What is this about?

What did the court decide?

The State of Karnataka v. Prof. S.S. Pattnashetti

Case brief

What is this about?

What did the court decide?

What the court decided

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