Allowed

Prof Basavaraj G Mirji v. the State of Karnataka

Karnataka HC10 Oct 2023WP/105370/2023

Case brief

AI extract

What is this about?

The High Court of Karnataka, Dharwad Bench allowed a writ petition seeking direction to pay admitted arrears of promotion increments to retired associate professors. The Court directed the State to release the sum of Rs. 51,34,126/- within eight weeks, with a direction to pay interest at 9% p.a. from the date the amount fell due if not released.

What did the court decide?

Mandamus issued to pay Rs. 51,34,126/- within eight weeks; interest at 9% p.a. from the date it fell due if not paid.

Prof Basavaraj G Mirji Vs the State of… — Pension and Retirement Benefits | Karnataka HC (2023)

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NC: 2023:KHC-D:12126 WP No. 105370 of 2023

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 10^TH DAY OF OCTOBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE M.NAGAPRASANNA

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WRIT PETITION NO. 105370 OF 2023 (S-R)

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BETWEEN:

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PROF. BASAVARAJ G. MIRJI, AGE. 65 YEARS, OCC. PENSIONER, R/O. BLDE COLLEGE ROAD, VIJAYAPUR, DIST. VIJAYAPUR-587101.

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PROF. PANCHAKSHARI S. HIREMATH, AGE. 61 YEARS, OCC. PENSIONER, R/O. MAIGUR COLONY, KUDACHI ROAD, BEHIND KALUTI PETROL PUMP, JAMKHANDI, DIST. BAGALKOT-5873O1.

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VISHAL NINGAPPA PATTIHAL Digitally signed by VISHAL NINGAPPA PATTIHAL Date: 2023.10.16 13:44:03 +0530

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PROF. RAJARAM RANGARAO CHAVAN, AGE. 61 YEARS, OCC. PENSIONER, R/O. GIRISH NAGAR, JAMKHANDI, DIST. BAGALKOT-587301.

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… PETITIONERS

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(BY SRI. GIRISH A. YADAWAD, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA, DEPARTMENT OF HIGHER EDUCATION, R/BY IS SECRETARY, 6^TH FLOOR, M.S. BUILDING, BENGALURU-560001.

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NC: 2023:KHC-D:12126 WP No. 105370 of 2023

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THE COMMISSIONER, DEPARTMENT OF COLLEGIATE EDUCATION, UNNATHA SHIKSHNA SOUDHA, SESHADRI ROAD, BENGALURU-560001.

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THE JOINT DIRECTOR OF COLLEGIATE EDUCATION, DHARWAD REGION, MINI VIDHANA SOUDHA, DHARWAD-580001.

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THE BLDEA’S COMMERCE, BHS ARTS & TGP SCIENCE COLLEGE, MAIGUR COLONY, 1^ST MAIN ROAD, NEAR RAMESHWAR TEMPLE, JAMKHANDI, R/BY ITS PRINCIPAL, JAMKHANDI, DIST. BAGALKOT-587301.

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… RESPONDENTS

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(BY SRI. M.M. KHANNUR, AGA FOR R1-R3; R4 SERVED)

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THIS WRIT PETITION IS FILED UNDER ARTICELS 226 AND 227 OF THE CONSTITION OF INDIA, PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECT THE RESPONDENTS 1 TO 3 TO PAY THE ARREARS DUE AT THE PETITIONERS AS REQUESTED BY THEM IN THE REPRESENTATIONS SENT TO RESPONDENT NO.3 ON 13.07.2023 VIDE ANNEXURES-D TO D2, RESPECTIVELY, WITH APPLICABLE RATE OF INTEREST, FORTHWITH, IN THE INTEREST OF JUSTICE AND EQUITY.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

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3 - NC: 2023:KHC-D:12126 WP No. 105370 of 2023

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ORDER

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The petitioners are before this Court seeking a

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direction by issuance of a writ in the nature of mandamus to consider the representation dated 13.07.2023 along with interest.

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Heard the learned counsel Shri Girish A.Yadawad

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appearing for the petitioners and the learned AGA Shri M.M. Khannur appearing for respondent Nos.1 to 3.

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3. Facts in brief, germane are as follows:

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The petitioners were in the relevant point in time working as Associate Professors in respondent No.4 College and retire on attaining the age of superannuation. Petitioner No.1 retires in the year 2018 and petitioner Nos.2 & 3 have retired in the year 2022. The issue does not concern the service conditions qua Associate Professor.

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The 1^st petitioner was promoted as Associate

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Professor in the year 2012, the increments that were paid to the 1^st petitioner from 02.11.2012 to 23.02.2016

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NC: 2023:KHC-D:12126 WP No. 105370 of 2023

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amounting to Rs.14,19,690/- is not paid even as on date. Likewise, the 2^nd petitioner gets promoted to the post of Associate Professor in the year 2002, but the benefits of promotion qua increments are not paid to the 2^nd petitioner from 02.11.2002 to 23.02.2016, the total arrears have mounted upto Rs.17,88,287/-. Similarly the 3^rd petitioner was promoted to the post of Associate Professor in the year 2004, the applicable increments have not been paid to the 3^rd petitioner from the date of his promotion till 23.02.2016 and the total arrears to be paid to the 3^rd petitioner is at Rs.18,55,149/-. The 4^th respondent has communicated to the State with regard to the arrears that are to be paid.

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The Institution communicates to the State with

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regard to the payment of the aforesaid arrears that the petitioners had to get. This is acknowledged in acceptance by the State. In the Department of Collegiate Education, the communication dated 18.05.2017 reads as follows:

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�� ಇ/��ಕ�/159/��/17-18

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��ಕ �� ಶಕರ ಕ��, �ರ�ಡ ��ಂಕ 08.05.2017 �

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NC: 2023:KHC-D:12126 WP No. 105370 of 2023

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��ಂ��ಲ B.H.S. ARTS SCI / COMM COLLEGE, JAMKHANDI

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4ನ�6

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7ಷಯ: ಅ;<�ತ >ಸ@ ಪದ7 �CDಗಳ Gಕರ�� ಂHನ Iಲಕ �ತನ �Hಯ;J �ವL 4Mವ ಬ�O

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ಉQR ೕಖ: (1) ಸರ�� ಆ�ಶ ��: ಇZ/141/ ]^/77 ��ಂಕ 06/10/77 (2) ಈ ಕ�� ಆ�ಶ �� 79/17-18, ��ಂಕ 05.05.2017. (3) ತಮi ಪತ� ��

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jಲk ಂಡ 7ಷಯ lm ಉQR ೕಖnk �op^qr ತಮ� Lstu�vಂದ6, ��ಂಕ 02.11.2002 �ಂದ 28.02.2016 ರವ6� wxR ನxR yೕ�^ ವ 03 GಕರರxR �H �ತನ w{R |�} 51,34,126/ಅರಗಳxR (ಐವy€ಂ• ಲದ ‚ವƒJ {k „7ರ< ಒಂ• †‡ ಇಪˆ ƒ€ |�}ಗs� 4ತ�) ‰ತ€ nk ಅ;‰ೕದv �ೕZ ಅ;‰ೕ�ಸŠದ �H �ತನ wxR ನ ಪ�Lಯ;J ಈ ಪತ�‹ಂ�� ಲಗL€ ಸŠ@Œ. ಇxR �<ಯ 4ML€ ವ �H ‰ತ€ u ಆ<ಯಕರ, •L€ ಕರ, Žೕವ7ಮ •• ‚ಂƒದ ಸಮ‘� „4ನ��@ �ಯತ, 4^ಕ �ತನ ಪ�’ ಯ;J ವ�ವಕಲನ 4M“r ��p”ತ ವ�ವಕಲನಗs� ಒಳಪMತ€Œ, lm ಇŠ�ಯ ಸ• sೕಯ Qಕk ಪ�–ೕಧvಯ �ದಭ�ದxR ಪ��ೕxtವ ಮ•€ ™u� ಅ�ಗತ •M oದxR šಂಪ›\ವ ಷರL€ � ಒಳಪ�’ ತ€Œ.”

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The petitioners then go on representing to the

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State in the Department of Collegiate Education seeking

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payment of the arrears as observed hereinabove. In the light of the admission by the Joint Director of Collegiate Education in the communication (supra), the arrears

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- 6 - NC: 2023:KHC-D:12126 WP No. 105370 of 2023

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become admitted arrears. It transpires that on 06.10.2023, there is a communication from the Joint Director of Collegiate Education to the Commissioner Collegiate Education with regard to the release of the arrears. The total arrears is quantified at Rs.51,34,126/-, the

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communication reads as follows:

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PÉÆÃgÀ®Ä «£ÀAw¸À¯ÁVgÀÄvÀÛzÉ. PÁgÀt ¸ÀzÀj ¹§âA¢UÀ¼À ¸ÁÜ¤ÃPÀgÀt ¨ÁQ ¥ÁªÀw¸À®Ä F PÉ¼ÀV£ÀAvÉ C£ÀÄzÁ£À ©qÀÄUÀqÉ ªÀiÁqÀ®Ä PÉÆÃgÀ¯ÁVzÉ.

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PÀæ.¸ÀA.	¹§âA¢ ºÉ¸ÀgÀÄ	©°è£À «ªÀgÀ	©°è£À CªÀ¢ü	ªÉÆvÀÛ
01	§¸ÀªÀgÁd f.«Äfð	¸ÁÜ¤ÃPÀgÀt ¨ÁQ	01.10.2012 to 28.02.2016	14,90,690.00
02	¥ÉÆæ.¥ÀAZÁPÀëj J¸ï. »gÉÃªÀÄoÀ	“	02.11.2012 to 28.02.2016	17,88,287.00
03	¥ÉÆæ. gÁdgÁªÀÄ Dgï. ZËºÁt	“	01.03.2004 to 28.02.2016	18,55,149,00
			MlÄÖ gÀÆ.	51,34,126.00

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Learned AGA would also place on record that the

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funds had been released on 15.03.2023 itself, but due to wanting of technical sanction, the amount is yet to be released. All these factors would clearly indicate that these are the admitted amounts that is payable to the petitioners, in the light of it being an admitted amount or akin to

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NC: 2023:KHC-D:12126 WP No. 105370 of 2023

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admitted amount, there would be no impediment for this Court to direct the release of such payments by issuance of writ in the nature of mandamus.

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The issue is whether the petitioners would be entitled to interest on such delayed payment. Admittedly, the petitioners became eligible to these amounts close to seven years ago, since the amount is due to the petitioners from 2017 and is yet to be paid. The petitioners would become entitled to interest on such delayed payment. Though, the assessment and eligibility was in limbo, till the communication emerges from the respective department, I deem it appropriate to direct the State to release the amount within eight weeks from the date of receipt of certified copy of this order. In the event, the said amount is not released, the petitioners would become entitled to interest at 9% p.a. from the date it fell due till the date of its payment.

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For the aforesaid reasons, the following:

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8 - NC: 2023:KHC-D:12126 WP No. 105370 of 2023

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ORDER

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(i) The petition is allowed.

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(ii) Mandamus issues to the respondents to pay the petitioners the aforesaid amount of Rs.51,34,126/- within eight weeks from today, failing which, the petitioners would become entitled to interest at the rate of

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9% p.a. from the date on which it fell due till the date of its payment.

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Sd/JUDGE

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vnp*/ct:bck List No.: 1 Sl No.: 112

Prof Basavaraj G Mirji v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Prof Basavaraj G Mirji v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

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