IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 14^TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 79820 OF 2013 (S-R)

BETWEEN:

SRI. CHANDRASHEKHAR S/O. SHANKRAPPA HONGALAD , AGE: 60 YEARS, OCC: RETD. SUPERINTENDENT K.U.D., R/O: PRABHUSHANKAR, MANJUNATH COLONY, 10^TH CROSS, SHIVAGIRI, DHARWAD.

…PETITIONER (BY SRI. HEMANTHKUMAR L. HAVARAGI, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA, R/BY CHIEF SECRETARY TO GOVERNMENT OF KARNATAKA, BANGALORE.

2. STATE OF KARNATAKA, BY ITS SECRETARY DEPARTMENT OF HIGHER EDUCATION, VIDHANASOUDHA, BANGALORE.

3. THE VICE CHANCELLOR, KARNATAKA UNVIERSITY, DHARWAD.

Digitally signed by RAKESH S

4. THE REGISTRAR HARIHAR Location: High KARNATAKA UNVIERSITY, DHARWAD.

Court of Karnataka, Dharwad Bench, Dharwad

5. THE REGISTRAR KARNATAKA UNVIERSITY, DHARWAD.

6. THE FINANCE OFFICER KARNATAKA UNVIERSITY, DHARWAD.

…RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1 AND R2, SRI. RAMACHANDRA MALI, ADVOCATE FOR R3 TO R6)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A WRIT IN THE NATURE OF CERTIORARI QUASHING THE ENDORSEMENT NO.

BEARING NO. PÀ««/¸ÉÆD¹«/²PÉëÃvÀgÀ/4/2013/6033 DATED 05.03.2013 BY THE RESPONDENT NO.4 PRODUCED AS ANNEXURE - H WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS TO CONSIDER THE REPRESENTATION DTD.18.09.2012, DATED 27.12.2012 PRODUCED AS ANNEXURE- D AND F IN ACCORDANCE WITH LAW, WITHIN SOME TIME BOUND PERIOD AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING B GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

ORAL ORDER

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

1. The petitioner is before this Court seeking following prayer:

a. “A Writ in the nature of certiorari quashing the endorsement no. bearing no. PÀ««/¸ÉÆD¹«/²PÉëÃvÀgÀ /4/2013/6033 dated 05.03.2013 by the respondent no.4 produced as Annexure – H.

b. A Writ in the nature of Mandamus directing the Respondents to consider the representation dated 18.09.2012, dated 27.12.2012 produced as Annexure- D and F in accordance with law with some time bound period.

c. Pass such other orders as this Hon’ble Court may deem fit in the circumstances of the case, including the award of the costs of this petition, in the interest of justice and eqtuity.”

2. Heard Sri Hemanthkumar L. Havaragi, learned counsel for the petitioner; Smt. Kirtilata R. Patil, learned High * Corrected vide chamber order dated 02.12.2025.

Sd/-

MNPJ Court Government Pleader for respondents 1 and 2; and Sri Ramachandra Mali, learned counsel for respondents 3 to 6. 3. The brief facts germane for consideration are as follows:

4. The petitioner was an employee of the 4^th respondent – Karnataka University. He retired on attaining the age of superannuation on 29.02.2012. Upon his retirement, he became entitled to receive his terminal benefits. However, the said benefits were not released in their entirety on the ground that certain departmental enquiries were pending against him. The enquiry pertained to an alleged short remittance of Rs.520/- during his service. This was the reason assigned for withholding the terminal benefits.

5. Subsequently, the terminal benefits were released to the petitioner about six months after his retirement. The timeline of events from the date of retirement till the final release of benefits is as follows:

(i) The petitioner retired on 29.02.2012.

(ii) Provisional pension was fixed at Rs.9,750/- on

17.07.2012.

(iii) The petitioner was exonerated in the departmental enquiry on 18.09.2012.

(iv) Full and final settlement of pension and other service benefits was made on 18.01.2013, when the final pension was fixed at Rs.19,500/-.

6. The terminal benefits were thus not released immediately upon retirement. Though the petitioner was exonerated on 18.09.2012, only partial terminal benefits were released earlier, and the complete settlement was effected only on 18.01.2013.

7. Two dates are of significance – the date of retirement, i.e., 29.02.2012, and the date of exoneration, i