2025 Supreme(Kar) 2012
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
ASHOK S. KINAGI, J.
Smt. Vibha B. Raj, W/o. Chetan R. and Ors. – Petitioners
Versus
State Of Karnataka, Represented By Principal Secretary, Higher Education Department and Ors. – Respondents
Writ Petition No. 8989 of 2023 (S-RES)
Decided On : 16-12-2025
For the Petitioners:Sri. V. Lakshminarayana, Sr. Counsel for Smt. Anusha L., Advocate
For the Respondents:Smt. B.P. Radha, AGA, Sri. Santhosh S. Nagarale, Advocate, Sri. H.R. Showri, Adv., Sri. Ashok G.V., Adv.
Employment regulations mandate the establishment of a Grievance Redressal Committee with proper representation to address faculty concerns and protect against unlawful salary deductions.
Headnote:(A) All India Council for Technical Education Regulations, 2010 and 2019 - Regulations pertaining to Pay Scales and Grievance Redressal - The petitioners sought direction for the constitution of Grievance Redressal Committee in line with AICTE Regulations and full payment of denied salary - The respondents deducted salary without notice - Regulations require the formation of a Grievance Redressal Committee that involves members from the university and State Directorate of Technical Education. (Paras 1-14)
(B) Fundamental Requirement of due process - Employees must have proper channels for grievances, following stipulated regulations and ensuring external representation in committees. (Paras 10-12)
Facts of the case:
The petitioners were permanent faculty members who had salary deducted without reasons, contrary to AICTE regulations established for technical education.
Findings of Court:
Respondent institutions are mandated to create a Grievance Redressal Committee adhering to AICTE Regulations and must restore full salary.
Issues: The main issues were about the improper constitution of the Grievance Redressal Committee and the unlawful salary deductions.
Ratio Decidendi: The court determined that the established committee lacked necessary membership according to the AICTE Regulations, emphasizing mandatory grievance procedures and proper representation.
Result: Writ petition disposed of, directing the respondents to constitute a compliant Grievance Redressal Committee within one month.
| Table of Content |
|---|
| 1. regulations governing grievances and salary. (Para 1 , 2 , 3 , 4) |
| 2. arguments on the constitution of the grievance committee. (Para 6 , 7) |
| 3. analysis of compliance with aicte regulations. (Para 8 , 9 , 10 , 11 , 12 , 13) |
| 4. order for the establishment of the grievance redressal committee. (Para 14) |
ORDER :
ASHOK S. KINAGI, J.
1. The petitioners have filed this writ petition seeking following reliefs:
(i) To direct the respondent college and the affiliating University i.e. VTU to constitute Grievance Redressal Committee at the Institutional Level and at the University Level in accordance with the Regulations framed by AICTE published in the Official Gazette on 22.03.2021 and Regulations namely All India Council for Technical Education (Redressal of Grievance of Faculty/Stall Members) Regulations of 2021 (Annexure-H);
(ii) Direct the respondents to consider the payment of full salary to the petitioners including the deductions and the denial of salary is contrary to the notification dated 22.01.2010 (Annexure-D) and 01.03.2019 (Annexure-E) as approved by the state Government in its Government Order dated 24.03.2020 (Annexure-F) and direct the college authorities to make good and to pay the full salary as directed by the All India Council for Technical Education.
(iii) Direct the college authorities to pay the salary which has been denied and salary which has been illegally deducted along with 12 percent interest as per (Annexure-R) or as deemed fit by this Hon’ble Court.
(iv) Declare that all the universities and institutions including respondents imparting technical education should pay the salary to its teaching staffs and other academic staffs in terms of the AICTE regulations dated 22.01.2010 and 01.03.2019,( Annexure-D) and (Annexure-E).
(v) Direct the VTU to see that each one of the affiliated engineering colleges or polytechnic colleges should comply to constitute Grievance Redressal Committee at the institutional level and to comply the Regulations of 2021 notified on 22.03.2021 namely All-India Council for Technical Education (Redressal of Grievance of Faculty/Staff Members) Regulations of 2021 (Annexure-H).”
2. Brief facts leading rise to the filing of this petition are as follows:
3. The petitioners were appointed on permanent basis in the respondent-Institution on All India Council for Technical Education ("AICTE") pay scale during 2002 to 2012. On 22.01.2010, AICTE has framed Regulations pertaining to Pay Scales, Service Conditions and Qualifications for the Teachers and Other Academic Staff in Technical Institutions (Degree) Regulations, 2010 and on 01.03.2019, framed AICTE Regulations on Pay Scales, Service Conditions and Minimum Qualification for the Appointment of Teachers and other Academic Staff, such as Library, Physical Education and Training and Placement of Personnel in Technical Institutions and Measures for the Management of Standards in technical Education (Degree) Regulations, 2019.
4. The respondents deducted the salary of the petitioners without assigning the reason and without serving the notice to the petitioners, contrary to the Regulations framed by the AICTE. The petitioners submitted their representations to the respondents. It is also contended that the Redressal Committee constituted by the respondents is not in accordance with Regulation No.4 of All India Council for Technical Education (Redressal of Grievance of Faculty/staff member) Regulations, 2021. Hence, this petition.
5. Heard Sri.V.Lakshminarayana, learned Senior Counsel for the petitioners and the learned counsel for respondent Nos.5 and 6.
6. Learned Senior Counsel submits that the Redressal Grievance Committee constituted by respondent Nos.5 and 6 is not in accordance with the AICTE Regulations, 2021. He submits that a direction be issued to respondent Nos.5 and 6 to constitute a Redressal Grievance Committee in terms of Regulation 4 of AICTE Regulations, 2021 and further, liberty be reserved to the petitioners to approach th