Dr. Harsha Devaraj Neelgund Vs the Karnatak University

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1 - NC: 2025:KHC-D:14441 WP No. 100666 of 2024

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 28^TH DAY OF OCTOBER, 2025 BEFORE

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THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 100666 OF 2024 (S-RES)

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BETWEEN:

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DR. HARSHA DEVARAJ NEELGUND, AGE. 42 YEARS, OCC. ASSISTANT PROFESSOR, IN ZOOLOGY, KARNATAK SCIENCE COLLEGE, DHARWAD – 580 001.

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DR. JYOTI SHIVALINGAPPA DODDAMANI, AGE. 43 YEARS, OCC. ASSISTANT PROFESSOR, IN PHYSICS, KARNATAK SCIENCE COLLEGE, DHARWAD – 580 001.

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DR. NIRUPAMA J. M., AGE. 51 YEARS, OCC. ASSISTANT PROFESSOR, IN PHYSICS, KARNATAK SCIENCE COLLEGE, DHARWAD-580 001.

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…PETITIONERS

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(BY SRI. S. B. HEBBALLI, ADVOCATE)

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Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench, Dharwad

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AND:

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THE KARNATAK UNIVERSITY, PAVATE NAGAR, DHARWAD – 580 003, R/BY ITS REGISTRAR (ADMIN).

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THE VICE-CHANCELLOR AND EX-OFFICIO, THE CHAIRMAN, KARNATAK UNIVERSITY SYNDICATE KARNATAK UNIVERSITY, PAVATE NAGAR, DHARWAD – 580 003.

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NC: 2025:KHC-D:14441 WP No. 100666 of 2024

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HC-KAR

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THE BOARD OF APPOINTMENTS, R/BY ITS CHAIRMAN KARNATAK UNIVERSITY, PAVATE NAGAR, DHARWAD – 580 003.

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THE DEAN, THE SCIENCE AND TECHNOLOGY, KARNATAK UNIVERSITY, PAVATE NAGAR, DHARWAD – 580 003.

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KARNATAK SCIENCE COLLEGE, R/BY THE PRINCIPAL, DHARWAD – 580 001.

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…RESPONDENTS

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(BY SRI. RAMACHANDRA A. MALI, ADVOCATE)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OR ORDER OR DIRECTION IN NATURE OF A MANDAMUS DIRECTING THE RESPONDENT NO.1 AND 2 TO ISSUE ORDERS OF THEIR RESPECTIVE PROMOTIONS TO THE PETITIONERS BY GIVING EFFECT TO THE SYNDICATE RESOLUTION DATED 04.12.2023 FOR ITEM NO.10 VIDE ANNEXURE-P PURSUANT TO THE LETTERS OF COMMUNICATION DATED 22.10.2023 ISSUED BY THE RESPONDENT NO.1 TO PETITIONERS VIDE ANNEXURE-N TO N2 IN RESPONSE TO SUBMISSION OF THE REPRESENTATION DATED 16.10.2023 BY PETITIONERS TO RESPONDENT NO.2 VIDE ANNEXURE-M AND ETC.,

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THIS WRIT PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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NC: 2025:KHC-D:14441 WP No. 100666 of 2024

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HC-KAR

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ORAL ORDER

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(PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)

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The petitioners are before this Court seeking the

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following prayer:

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a) To issue a writ or order or direction in the nature of Mandamus directing the respondent Nos.1 and 2 to issue orders of their respective promotions to the petitioners by giving effect to the syndicate resolution dated 04.12.2023 for item No.10 vide Annexure-P; pursuant to the letters of communication dated 22.10.2023 issued by the respondent No.1 to petitioners vide Annexures-N to N2 in response to submission fo the representation dated 16.10.2023 by petitioners to respondent No.2 vide Annexure-M.

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b) To pass such orders as this Hon’ble Court may deem fit in the facts and circumstances of the case as in duty bound the petitioner shall ever pray act of kindness in the interest of justice equity.

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The petitioners were before this Court on an earlier occasion challenging twin orders passed by the respondent – University. One, re-fixation of the pay scale and consequential recovery of the erroneous fixation of pay scale. The issue related to the entitlement of these petitioners qua a particular UGC pay scale. It is the case of the petitioners that at the time of their appointment in 2006, UGC Regulations were in place and subsequently in 2010, UGC Regulations come in and therefore, the petitioners’ entitlement to a particular scale or promotion

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HC-KAR

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was put to jeopardy. The recovery orders were passed along the re-fixations. A Coordinate Bench of this Court is said to have allowed the petition against which the University has filed a writ appeal in W.A. No.100227 of 2024. In the writ appeal, certain orders are passed on 28.01.2025 and on 19.02.2025, the said orders are necessary to be noticed. They read as follows:

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28.01.2025

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“While permitting Sri. Ramachandra A. Mali, the learned counsel for the appellants, to place on record a set of additional documents after ensuring copies are served on the other side, the office is directed to re-list this appeal on 19.02.2025.

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As regards the anxiety expressed by Sri. Ramachandra A. Mali about the respondents precipitating a writ petition filed by them for promotion, Sri. S.B. Hebballi, the learned counsel for these respondents, submits that if indeed the respondents succeed in that petition they would be entitled for promotion subject to fixation of pay scale based on the outcome of this writ appeal.

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This submission is taken on record so that the other writ petition could be considered accordingly.”

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19.02.2025:

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“This Court must record that the controversy relates to whether the private respondents are entitled for revised UGC pay scale or the pre-revised UGC pay scale with the writ Court opining in favour of the private respondents. It is stated by Sri. S.B.Hebballi, the learned counsel for the private respondent, that this controversy will have to be resolved by deciding on the import of the

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NC: 2025:KHC-D:14441 WP No. 100666 of 2024

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HC-KAR

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Government Order dated 24.12.2009 issued by the Department of Higher Education, and therefore, the present application for amendment is filed.

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Sri. Ramachandra A. Mali submits that in fact one of the grievances of the appellants is that the writ Court could not have decided the writ petition without hearing concerned from the State Government. At this stage, this Court must also record the unanimous submission that the application for amendment will have to be decided along with the appeal and with liberty to complete pleadings in light of the applications presently filed.

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This Court in the afore context must opine that the Principle Secretary, Department of Higher Education, Vidhansoudha, Bengaluru will be a proper party if not a necessary party and therefore must be impleaded and Sri. G.K.Hiregoudar, the learned Principal Government Advocate, is heard in the light of thereof.

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The Principle Secretary, Department of Higher Education, Vidhansoudha, Bengaluru is directed to be impleaded as an additional respondent. The learned counsel for the appellant, Sri. Ramachandra A. Mali, is called upon to amend the cause-title in the memorandum of Writ Appeal to array the said additional respondent, and Sri, G.K.Hiregoudar is called upon to accept notice for this respondent. The amendment shall be carried out during the course of the day, and the amended cause-title shall be filed within a week from today.

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Sri. Ramachandra A. Mali is also called upon to ensure copies of the Writ Appeal papers, including the applications, are served on the chambers of Sri. G.K.Hiregoudar. It is needless to observe that the appellant and the State Government will be at liberty to complete pleadings in light of the present applications for amendment.

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The incidental issue that will have to be now addressed is whether the promotion to the private

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HC-KAR

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respondents must be put off during the pendency of this appeal constraining them to continue a writ petition which is already filed in this regard.

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Sri. Ramachandra A. Mali states that the private respondents will be issued with the necessary orders of promotion but subject to the resolution of the controversy on the pay scale. When queried, the learned counsel submits that he will endeavor to place copies of the orders in this regard on the next date of hearing if a week is granted. Hence, the Office is directed to re-list this appeal on 28.02.2025.”

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The Division Bench records the undertaking of the learned counsel for the petitioners Shri S.B. Hebballi that if the petitioners would succeed in the petition, they would be entitled for promotion subject to fixation of pay scale based upon the outcome of the writ appeal. Therefore, two inferences could be drawn from the order passed by the Division Bench. One would be that their promotion would be granted as a consequence of the order that would be passed in the subject writ petition and the fixation of pay scale would be subject to the outcome of the writ appeal. The promotion is now granted to these petitioners by three different orders. I deem it appropriate to quote one order as an illustration:

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“On the recommendations cited at reference - 5 of the Board constituted under Section 53(2)(a) of the KSU Act, 2000 and in pursuance of the Syndicate Resolution

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NC: 2025:KHC-D:14441 WP No. 100666 of 2024

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HC-KAR

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No.10, Dated: 16.11.2023 cited at reference-6, Dr. (Smt) Nirupama. J. M., Assistant Professor, Department of Physics, Karnataka Science College, Dharwad is promoted from Assistant Professor (Academic Level-11) to Assistant Professor (Academic Level-12) w.e.f. 03.08.2021 under the provisions of regulations and the statute 2022 cited at reference-1.

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Further, the order regarding fixation of pay in promoted cadre i.e. Assistant Professor Academic Level12 will be issued subject to the final outcome of the Writ Appeals 100227/2024 and 100143/2024.

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This order is issued subject to the decision/recommendation of the Public Accounts Committee in respect of audit observations of the Accountant General of India (Audit & Accounts), Bangalore & rulings of various Courts of Law in present and similar subject matter, correction/Audit objection.”

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The order is subject to the outcome of the writ

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appeal. The grievance of the learned counsel for the petitioners Shri S.B. Hebballi is that the order granting promotion is incongruous with the general order of grant of promotion. As an illustration, learned counsel relies on a promotion order of 26.10.2021, which reads as follows:

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“SUB: Promotion of Dr (Smt). Gecta.N.Chavan under U.G.C. Career Advancement Scheme

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REF: 1. Statute 2010 Dated 25.05.2012.

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2. CAS application Dated: 21.12.2020. 3. G.O. No. ED 483 UNE 2017 Dated: 16.03.2019. 4. This Office Order No.KU/DPAR/ T-06/2019/536, Dated: 04.05.2019

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HC-KAR

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5. Recommendations of BOA

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Dated: 02.07.2021.

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6. Syndicate Res. No.02, Dated: 11.09.2021.

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7. BOA U.O.Note No.KU/BOA/2021/182, Dated: 27.09.2021.

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8. Hon'ble Vice-Chancellor's orders Dated: 23.10.2021.

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On the recommendations cited at reference 5 of the Board of Appointment which has been constituted under Section 53(2)(a) of the KSU Act, 2000 and in pursuance of the Syndicate Resolution No.02. Dated: 11.09.2021, Dr.(Smt).Geeta.N.Chavan, Assistant Professor, Department of Physics, Karnataka Science College, Dharwad is promoted from Assistant Professor Stage-II (Academic Level-11) to Assistant Professor Stage- III (Academic Level-12) w.e.f. 02.09.2020 under the provisions of the statute 2010 cited at reference -1. Further, her pay is fixed at Rs.84,700/- w.e.f. 02.09.2020 (Le. from the date of eligibility) in the Pay Scale of Rs.79,800-2,11,500/-.

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Further, on earning annual increment, her pay is fixed as under;

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Rs.87,200/- w.e.f. 01.07.2021

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Her date of next increment falls on 01.07.2022 and she may be paid accordingly. The payment of revised pay is subject to updation of pay scale in HRMS and of arrears, if any, is subject to receipt of grants from the Government of Karnataka in this regard.

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This order is issued subject to correction/Audit objections, if any.”

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The fulcrum of the grievance is that, in the case of

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these petitioners, no pay scale is fixed, while granting promotion, it is trite that the grant of the pay scale to which they are promoted is to be indicated in the order itself. The situation in the case at hand is that the writ appeal is pending and to which

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HC-KAR

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the pay scale the petitioners would fit in, is still to be decided before the Division Bench. Before the Division Bench, learned counsel for the petitioners is submitted as quoted herein above. Therefore, the orders that have to be sought by the petitioners is before the Division Bench with regard to fixation of pay scale, where he has undertaken that it would be subject to the outcome of the writ appeal.

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The hands of the Court are tied in the light of the pendency of the matter before the Division Bench and the undertaking of the learned counsel, though it would merit an observation that in the order of promotion without a pay scale, is on the face of it anomalous. Therefore, while holding that the petition is rendered infructuous as the promotion is already granted, the petitioners would be at liberty to seek the relief that they have sought now in the application before the Division Bench.

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Ordered accordingly.

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Sd/(M.NAGAPRASANNA) JUDGE

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VNP/CT-ASC List No.: 1 Sl No.: 23

Dr. Harsha Devaraj Neelgund v. the Karnatak University

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Dr. Harsha Devaraj Neelgund v. the Karnatak University

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