Disposed

Sri. S. Marigowda v. the Commissioner of Collegiate Education

Karnataka HC8 Dec 2023WP/13385/2023

Case brief

AI extract

What is this about?

Writ petition filed by retired college educators seeking direction to release and pay UGC and Ph.D. arrears approved by statutory authorities. Court directed respondents to pay eligible petitioners within two months and permitted the first petitioner to submit a fresh representation.

What did the court decide?

Directed respondents to pay arrears to eligible petitioners within two months and permitted Petitioner No.1 to submit a fresh representation.

Sri. S. Marigowda Vs the Commissioner of… — Pension and Retirement Benefits | Karnataka HC (2023)

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1 - NC: 2023:KHC:44705 WP No. 13385 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 8^TH DAY OF DECEMBER, 2023

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BEFORE

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THE HON’LE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 13385 OF 2023 (S-RES)

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BETWEEN:

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SRI. S. MARIGOWDA S/O SUBBEGOWDA AGED ABOUT 63 YEARS RETIRED IN CHARGE PRINCIPAL VIDYAVARDHAKA FIRST GRADE COLLEGE SHESHADRI IYER ROAD MYSURU-570001

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R/AT NO.682, 12TH MAIN, C BLOCK,IIIRD STAGE, VIJAYANAGARA MYSORE-570030.

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Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA

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SRI ANANDA H R S/O LATE RANGAPPA AGED ABOUT 65 YEARS RETIRED ASSOCIATE PROFESSOR IN COMMERCE, D BANUMAIAHS COLLEGE OF COMMERCE AND ARTS NEW SAYAJI ROAD MYSURU-570024.

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R/T NO.682, 12TH MAIN, C-1 MIG 11TH CROSS, 3RD MAIN, ALANAHALLI LAYOUT, MYSORE-570028.

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DR MAHADEVAIAH M S/O MADAIAH, AGED ABOUT 63 YEARS RETIRED ASSOCIATED PROFESSOR, BASU DEV SOMANI COLLEGE,

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2 - NC: 2023:KHC:44705 WP No. 13385 of 2023

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VISHWAMANAVA DOUBLE ROAD KUVEMPU NAGARA, MYSURU-570023.

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R/AT NO.950, 6TH CROSS, 1ST MAIN, 2ND STAGE, SRI RAMPURA, MYSORE-570030.

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SRI SHANKAR M S/O LATE MANCHEGOWDA AGED ABOUT 66 YEARS RETIRED ASSOCIATE PROFESSOR BASU DEV SOMANI COLLEGE VISHWAMANAVA DOUBLE ROAD KUVEMPU NAGAR, MYSURU-570023.

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R/AT NO.66, 5TH CROSS, CHAMUNDIVIHAR LAYOUT NAZARABAD MYSORE-570010.

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SRI GOPAL R V S/O RAMAKRISHNAIAH G S AGED ABOUT 67 YEARS RETIRED ASSOCIATE PROFESSOR IN HISTORY J S S COLLEGE FOR WOMEN, SARASWATHIPURAM MYSURU-570009.

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R/AT LUMBINI NO.1675, 12TH MAIN, E AND F, 4TH MAIN, 9TH CROSS, RAMAKRISHNANAGAR MYSORE-570022.

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SRI N S VENUGOPAL S/IO LATE N S NARAYANAPPA AGED ABOUT 63 YEARS RETIRED ASSOCIATE PROFESSOR BASU DEV SOMANI COLLEGE, VISHWAMANAVA DOUBLE ROAD KUVEMPU NAGAR MYSURU-570023.

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3 - NC: 2023:KHC:44705 WP No. 13385 of 2023

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R/AT NO.47, RIE LAYOUT, BOGADI 2ND STAGE, PRASHANTH NAGAR MYSORE-570026.

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…PETITIONERS

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(BY SRI. PADMANABHA R., ADVOCATE)

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AND:

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THE COMMISSIONER OF COLLEGIATE EDUCATION PALACE ROAD, BENGALURU-560001.

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THE DIRECTOR FOR COLLEGIATE EDUCATION PALACE ROAD, BENGALURU-560001.

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THE JOINT DIRECTOR REGIONAL OFFICE, DEPARTMENT OF COLLEGIATE EDUCATION, MYSORE DIVISION, MYSORE-570001.

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…RESPONDENTS

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(BY SMT.PRATHIBHA.R.K. AGA)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-1 TO TAKE CORRECTIVE AND EFFECTIVE STEPS PURSUANT TO ANNEXURE-D AND E FOR RELEASING AND PAYING THE UGC ARREARS AND PH.D. ARREARS TO THE PETITIONER N0.1 TO 5 WHICH ARE APPROVED BY THE R-2 VIDE ANNEXURE-D AND E BEARING NO. PRAKAMY/KASHIE/AYAVYAYA/182/VIVIDHABAKI/2022-23 DATED 14.10.2022 AND RELEASE AND PAY THE ARREARS

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4 - NC: 2023:KHC:44705 WP No. 13385 of 2023

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CLAIM OF THE P-1 TO 5 AS PER ANNEXURE-D AND E. AND FURTHER ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS TO TAKE CORRECTIVE AND EFFECTIVE STEPS PURSUANT TO ANNEXURE-F DATED 04.03.20 AND ANNEXURE-G BEARING NO. KASHIE/45/UGCBAKI.NI.AA/AAYAVYAYA/2018-19 (PART-5) DATED NIL 03.2020, ANNEXURE-H BEARING NO. PRAKAMY/KASHIE/159/UGC.HIMBAKI/2016-17 PART-3 DATED 27.05.20 AND ANNEXURE-J BEARING NO.BASOKA.2006 UGC BAKI 16.2020-21 DATED 29.05.20 FOR RELEASING AND PAYING THE UGC ARREARS TO THE 6TH PETITIONER, ETC.

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

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ORDER

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The prayer in this Writ Petition is to issue a direction to respondent No.1 to take corrective and effective steps for releasing the UGC arrears to the petitioners as approved by respondent No.2 and also consequentially, pay them the arrears.

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The statement of objections is filed by the State, in which it is stated as follows-

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NC: 2023:KHC:44705 WP No. 13385 of 2023

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6 - NC: 2023:KHC:44705 WP No. 13385 of 2023

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According to the petitioner, at page 116 of Annexure-R21, the re-calculation indicates that petitioners

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No.2 to 6 are entitled to certain sums, though in the objections it is stated that only petitioners No.2, 4 and 6 would be entitled to arrears.

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In my view, in light of this submission, it would be appropriate to direct the respondents to pay the arrears as indicated by them at page 116 of Annexure-R21 to those petitioners who are eligible, within a period of two months from the date of receipt of a copy of this order.

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Learned counsel for the petitioner submits that petitioner No.1 may be permitted to make a representation and re-state his claim.

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The petitioner No.1 is granted permission to submit a representation and stake a fresh claim in the matter.

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7 - NC: 2023:KHC:44705 WP No. 13385 of 2023

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Writ Petition is, accordingly, disposed of .

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Sd/JUDGE

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HNM List No.: 1 Sl No.: 28

Sri. S. Marigowda v. the Commissioner of Collegiate Education

Case brief

What is this about?

What did the court decide?

Sri. S. Marigowda v. the Commissioner of Collegiate Education

Case brief

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What did the court decide?

What the court decided

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