The Vice Chancellor Vs Sri v Shankar

KELADI SHIVAPPA NAYAKA UNIVERSITY OF AGRICULTURAL AND HORTICULTURAL SCIENCE SAVALAGANGA ROAD, SHIVAMOGGA-577 204. PRESENTLY THE OFFICE AT IRUVAKKI, SAGARA TALUK, SHIVAMOGGA DISTRICT - 577204.

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Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA

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THE REGISTRAR KELADI SHIVAPPA NAYAKA UNIVERSITY OF AGRICULTURAL AND HORTICULTURAL SCIENCE SAVALAGANGA ROAD, SHIVAMOGGA-577 204. PRESENTLY THE OFFICE AT IRUVAKI, SAGAR TALUK, SHIVMOGGA DISTRICT - 577204.

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THE ADMINISTRATIVE OFFICER KELADI SHIVAPPA NAYAKA UNIVERSITY OF AGRICULTURAL AND HORTICULTURAL SCIENCE SAVALAGANGA ROAD, SHIVAMOGGA-577 204. PRESENTLY THE OFFICE AT IRUVAKI, SAGARA TALUK, SHIVMOGGA DISTRICT - 577204.

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…APPELLANTS (BY SRI. THYAGARAJA S., ADVOCATE)

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NC: 2026:KHC:22472-DB WA No. 1336 of 2024

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HC-KAR

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AND:

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SRI V SHANKAR S/O VENKATAPPA AGED 53 YEARS, WORKING AS TRACTOR DRIVER DAILY RATED D GROUP EMPLOYEE ZONAL AGRICULTURAL AND HORTICULTURAL RESEARCH STATION NAVILE POST BOX NO.126 SHIVAMOGGA-577 204.

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SMT.CHANDRAMMA W/O SHANKARA V AGED 53 YEARS, WORKING AS FARM LABOUR, DAILY RATED D GROUP EMPLOYEE ZONAL AGRICULTURAL AND HORTICULTURAL RESEARCH STATION NAVILE POST BOX NO.126 SHIVAMOGGA-577 204.

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SRI.KUMARA S/O SHANKARAPPA AGED 47 YEARS, WORKING AS FARM LABOUR DAILY RATED D GROUP EMPLOYEE ZONAL AGRICULTURAL AND HORTICULTURAL RESEARCH STATION NAVILE POST BOX NO.126, SHIVAMOGGA-577 204.

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SMT.RENUKA W/O HANUMANTHAPPA AGED 48 YEARS, WORKING AS FARM LABOUR DAILY RATED D GROUP EMPLOYEE ZONAL AGRICULTURAL AND HORTICULTURAL RESEARCH STATION NAVILE POST BOX NO.126 SHIVAMOGGA-577 204.

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SMT.RADHAMMA

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HC-KAR

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S/O GANESHAPPA AGED 52 YEARS, WORKING AS FARM LABOUR DAILY RATED D GROUP EMPLOYEE ZONAL AGRICULTURAL AND HORTICULTURAL RESEARCH STATION, NAVILE POST BOX NO.126 SHIVAMOGGA-577 204.

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SMT.NEELAMMA W/O GOPALA AGED ABOUT 57 YEARS, WORKING AS FARM LABOUR DAILY RATED D GROUP EMPLOYEE AT KELADI SHIVAPPA NAYAKA UNIVERSITY AND HORTICULTURAL SCIENCES ZONAL AGRICULTURAL AND HORTICULTURAL RESEARCH STATION NAVILE POST, SHIVAMOGGA DISTRICT-577 225.

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SRI TIPPU S/O BASAPPA AGED 54 YEARS, WORKING AS FARM LABOUR DAILY RATED D GROUP EMPLOYEE AT KELADI SHIVAPPA NAYAKA UNIVERSITY AND HORTICULTURAL SCIENCES ZONAL AGRICULTURAL AND HORTICULTURAL RESEARCH STATION NAVILE POST, SHIVAMOGGA DISTRICT-577 225.

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SMT.PARVATHI A W/O YOGENDRAPPA AGED 55 YEARS, WORKING AS FARM LABOUR DAILY RATED D GROUP EMPLOYEE AT KELADI SHIVAPPA NAYAKA UNIVERSITY AND HORTICULTURAL SCIENCES ZONAL AGRICULTURAL AND HORTICULTURAL

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HC-KAR

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RESEARCH STATION NAVILE POST BOX NO.126 SHIVAMOGGA DISTRICT-577 204

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SRI.BHOJA NAIK S/OCHANDRA NAIK AGED 53 YEARS, WORKING AS FARM LABOUR DAILY RATED D GROUP EMPLOYEE ZONAL AGRICULTURAL AND HORTICULTURAL RESEARCH STATION NAVILE POST BOX NO.126 SHIVAMOGGA DISTRICT-577 204

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SMT.LAXMI W/O BHOJANAIK AGED ABOUT 53 YEARS, WORKING AS FARM LABOUR DAILY RATED D GROUP EMPLOYEE ZONAL AGRICULTURAL AND HORTICULTURAL RESEARCH STATION NAVILE POST BOX NO.126 SHIVAMOGGA-577 204.

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THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY AGRICULTURE DEPARTMENT VIKASA SOUDHA BENGALURU-560 001.

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…RESPONDENTS

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(BY SRI. MOHAMMAD JAFFAR SHAH, AGA FOR R11)

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THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO CALL FOR RECORDS PERTAINING TO WP No.12773/2022 ON THE FILE OF SINGLE JUDGE, PERUSE THE SAME AND SET ASIDE THE ORDER DATED 12.09.2022 PASSED BY THE LEARNED SINGLE JUDGE, IN WP No.12773/2022 AND CONSEQUENTLY DISMISS THE WRIT PETITION OF THE PETITIONER WITH COSTS AND GRANT SUCH

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NC: 2026:KHC:22472-DB WA No. 1336 of 2024

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HC-KAR

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OTHER ORDER, RELIEF AS DEEMED FIT IN THE FACTS AND CIRCUMSTANCES OF THIS WRIT APPEAL.

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THIS APPEAL, COMING ON FOR PERTAINING HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE T.M.NADAF

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ORAL JUDGMENT

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(PER: HON'BLE MR. JUSTICE D K SINGH)

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The present intra Court appeal has been filed impugning the judgment and order dated 12.09.2022 passed by the learned Single Judge in W.P.No.12773/2022 filed by the respondents-employees seeking regularization of their salaries in the appellant-University.

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The impugned judgment and order reads as under:

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"The petitioners have sought for issuance of writ of mandamus to direct the respondents to regularize services of the petitioners and consequently, extend all service and monetary benefits flowing thereof in light of regularization of services of similarly situated employees as per the orders at Annexures- U and X.

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2. Upon notice, learned counsel appearing for respondents No.2 to 4 submits that the representation at Annexures-J, N and S would be considered keeping in mind the orders passed

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HC-KAR

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as regards similarly situated employees as asserted by the petitioner vide order at Annexures-U and X dated 25.09.2021 and 21.04.2022 respectively. Such representation to be disposed of within a period not later than three months from the date of furnishing of certified copy of the order.

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3. Petitioners are at liberty to make out a fresh representation within ten days from today setting out all details and furnishing the documents so as to enable the respondents to dispose of the representation appropriately.

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4. Accordingly, petition is disposed off with the above observation."

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Learned counsel for the appellant-University himself

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had submitted before the writ Court that the University would consider the case of the respondents-employees keeping in mind the orders passed as regards similarly situated employees, which were brought on record as Annexure-U and X dated 25.09.2021 and 21.04.2022 respectively.

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We fail to understand why the University has filed this appeal impugning the said judgment and order passed by the learned Single Judge, when the writ petition was disposed of based on the submission advanced by the University itself.

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HC-KAR

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We are of the considered view that the appeal

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proceedings are nothing but a gross abuse of the process of the Court. Therefore, the writ appeal is dismissed with costs of

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Rs.25,000/- payable to the Karnataka Advocates Clerks Benevolent Trust.

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The costs shall be paid within a period of four weeks failing which, the District Magistrate is directed to initiate the proceedings under the Karnataka Land Revenue Act to recover the said amount.

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Sd/(D K SINGH) JUDGE

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Sd/(T.M.NADAF) JUDGE

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RKA

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List No.: 1 Sl No.: 1

The Vice Chancellor v. Sri v Shankar

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The Vice Chancellor v. Sri v Shankar

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