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2025 Supreme(Online)(Kar) 41188


WP No. 107268 of 2025 HC-KAR WP No. 107269 of 2025 WP No. 107273 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 27TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 107271 OF 2025 (S-RES)
C/W WRIT PETITION NO. 107267 OF 2025 WRIT PETITION NO. 107268 OF 2025 WRIT PETITION NO. 107269 OF 2025 WRIT PETITION NO. 107273 OF 2025 IN W.P.NO.107271/2025 BETWEEN:
11. HANAMAGOUDA S/O. CHANNNANAGOUDA, AGE:53 YEARS, OCC: ASSOCIATE PROFESSOR, DEPARTMENT OF SOCIOLOGY KARNATAKA UNIVERSITY DHARWAD R/AT: H.NO:9/3, IV CROSS,VAASA LAYOUT, NEAR KALYANANAGAR, DHARWAD, DIST: DHARWAD-580007.
22. DRANASUYA K KAMBLES/O KALLAPPA, AGE: 55 YEARS, OCC: ASSISTANT PROFESSOR OF KANNADA KARNATAKA UNIVERSITY ,DHARWAD R/AT: B/2 QUARTERS, KARNATAKA UNIVERSITY, DHARWAD CAMPUS, RAKESH S HARIHAR PAVATE NAGAR, DHARWAD, DIST: DHARWAD -580003 D RA ig K it E a S ll H y s S ig H n A ed R I b H y A R Date: 2025.10.31
06:27:44 +0000 3. SUBHASCHANDRACHANDRAVVANATIKAR, AGE: 54 YEARS OCC: P G DEPARTMENT OF SOCIOLOGY KARNATAKA UNIVERSITY DHARAWAD R/AT: ANANYA BUILDING, HOUSE NUMBER 47, GNANESWAR NAGAR, YALAKKISHETTAR COLONY, DHARAWAD, DIST: DHARWAD-580004.
4. NIJALINGAPPAMATTIHAL S/O.YAMANAPPA, AGE: ABOUT 60 YEARS WP No. 107268 of 2025 HC-KAR WP No. 107269 of 2025 WP No. 107273 of 2025 OCC:PROFESSOR OF KANNADA KARNATAKA UNIVERSITY, PAWATE NAGAR,DHARAWAD, R/AT:HOUSE NO 158,SHAMBHAVI NAGAR, NEAR KARNATAK UNIVERSITY DHARAWAD, DIST: DHARWAD – 580003.
5. SURESH HULLANNAVAR S/O.NARASAPPA, AGE: ABOUT55 YEARS OCC:PROFESSOR OF ANTHROPOLOGY, KARNATAKA ARTS COLLEGE DHARWAD R/AT: "PRABHUDHA" NISARG LAYOUT
2NDMAIN PLOT NO. 67&70 DHARWAD, DIST: DHARWAD-580003.
6. ANNAPURNASHIVANNA, AGE: 52 YEARS, OCC:ASSOCIATE PROFESSOR DEPARTMENT OF ECONOMICS KARNATAKA ARTS COLLEGE DHARWAD R/AT: PLOT #14 AND 15, POORNKIRANATMANAND NAGAR NORTH TAPOVAN, DHARWAD, DIST: DHARWAD- 580003.
7. RENUKADEVI S. DYAVANALD/O.SANGAPPA, AGE: 51 YEARS, OCC:PROFESSOR OF MATHEMATICS, KARNATAKA UNIVERSITY, DHARWAD, R/AT: C/O. M. B. TIMMANAGOUDRA, PLOT NO. 64, AMBIKANAGAR NAGAR, UNKAL, HUBBALLI, DIST: DHARWAD – 580031.
…PETITIONERS (BY SRI. K. S. PATIL, ADVOCATE)
AND:
THE STATE OF KARNATAKA REP. BY ITS SECRETARY, DEPARTMENT OF HIGHER EDUCATION, M.S. BUILDING, DR. AMBEDKARVEEDHI, BENGALURU – 560 001.
WP No. 107268 of 2025 HC-KAR WP No. 107269 of 2025 WP No. 107273 of 2025 THE ADDITIONAL SECRETARY, DEPARTMENT OF HIGHER EDUCATION, M.S. BUILDING, DR. AMBEDKARVEEDHI, BENGALURU – 560 001.
INDIAN AUDIT AND ACCOUNTS DEPARTMENT R/BY SENIOR AUDIT OFFICER, OFFICE OF PRINCIPAL ACCOUNTANT GENERAL, (G & SSA), P.B.NO.5398, BENGALURU – 560 001.
THE KARNATAKA UNIVERSITY, R/BY REGISTRAR, DHARWAD – 580 003.
FINANCE DEPARTMENT, KARNATAKA UNIVERSITY, R/BY FINANCE OFFICER, DHARWAD – 580 003.
…RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1 AND R2;
SRI. RAMACHANDRA MALI, ADVOCATE FOR R4 AND R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER, OR DIRECTIONS, QUASHING THE COMMON IMPUGNED ORDERS DATED 08.05.2025 ISSUED BY RESPONDENT NO.5, ORDERING RECOVERY OF ALLEGED DA PAID IN EXCESS FOR THE PERIOD 2016-2019 DURING UGC 6TH PAY SCALE SALARY DISBURSEMENT, BY IMPUGNED SHOW CAUSE NOTICE ORDERS BEARING NO. KA.VI. VI./ HA.VI./ VETANA/ 2024-25/307, DATED 08.05.2025, ISSUED TO PETITIONER NO.1,NO.KA.VI.VI./HA.VI./VETANA/2024-25/320, DATED 08.05.2025 ISSUED TO PETITIONER NO.2, NO.KA.VI.VI./HA.VI./VETANA/2024- 25/307, DATED 08.05.2025 ISSUED TO PETITIONER NO.3,NO. KA.VI. VI./HA.VI./VETANA/2024-25/165,DATED 08.05.2025 ISSUED TO PETITIONER NO.4, NO .KA. VI. VI./HA.VI./VETANA/2024-25/88,DATED 05.02.2025 ISSUED TO PETITIONER NO.5,NO. KA.VI. VI./ HA.VI./VETANA/2024-25/222, DATED 08.05.2025 ISSUED TO PETITIONER NO.6,NO. KA.VI. VI./ HA. VI./ VETANA/2024- 25/272,DATED 08.05.2025 ISSUED TO PETITIONER NO.7, ARE PRODUCED HEREWITH AND MARKED AS ANNEXURE-A, A1 TO A6, RESPECTIVELY AND ARE LIABLE TO BE QUASHED AS UNCONSTITUTIONAL. ISSUE A WRIT OF CERTIORARI OR ANY OTHER WP No. 107268 of 2025 HC-KAR WP No. 107269 of 2025 WP No. 107273 of 2025 APPROPRIATE WRIT ORDER OR DIRECTIONS QUASHING THE CIRCULAR BEARING NO.ED 306 UNE 2021, DATED 09.03.2022 ISSUED BY RESPONDENT NO.2, VIDE ANNEXURE-B INSOFAR AS PETITIONERS ARE CONCERNED. ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTIONS RESTRAINING THE RESPONDENTS, THEIR OFFICERS OR AGENTS FROM RECOVERING ANY AMOUNT FROM PETITIONERS TOWARDS ALLEGED EXCESS DA PAYMENTD. DIRECT THE RESPONDENTS TO REFUND ANY AMOUNT, IF ALREADY RECOVERED FROM THE PETITIONERS PURSUANT TO THE IMPUGNED ORDERS ALONG WITH INTEREST AT SUCH RATE AS THIS HON BLE COURT DEEMS FITANDE. ANY OTHER AND FURTHER RELIEFS, AS THIS HON BLE COURT DEEMS FIT AND JUST TO SERVE ENDS OF JUSTICE.
IN W.P.NO.107267/2025
1. RAJASHEKHARBHAJANTRIS/O. FAKEERAPPA, AGE: ABOUT 55 YEARS OCC:PROFESSOR OF PHYSICS, KARNATAKA UNIVERSITY, DHARWAD R/AT: HOUSE NO. 42, CHIDAMBARNAGAR, NEAR SHAKTINAGAR GARDEN, GANDHINAGAR, DHARWAD DIST: DHARWAD- 580004.
2. KEERTHI G. MIRAJKAR, AGE:48 YEARS, OCC: PROFESSOR, DEPARTMENT OF MATHEMATICS, KARNATAKA ARTS COLLEGE, DHARWAD R/AT: DR. KEERTHI G. MIRAJKAR, 13/1, VITTALNIWAS, UDAYA NAGAR, BENGERI, HUBLI, DIST: DHARWAD -580023.
33. JAGADEESHKIVDANAVAR, AGE: 53 YEARS, OCC: PROF. DEPT OF HISTORY, KARNATAKA ARTS COLLEGE, DHARWAD, R/O. HOMBELAKU, NO. 140/141, SHRIPADNAGAR 9TH CROSS, WP No. 107268 of 2025 HC-KAR WP No. 107269 of 2025 WP No. 107273 of 2025 DHARWAD, DIST: DHARWAD - 580 001
4. DR.SMT.VEERAMMABASAYYASAVIRAMATH, AGE:51 YEARS, OCC: PROFESSOR, DEPARTMENT OF GEOGRAPHY, KARNATAKA SCIENCE COLLEGE, DHARWAD R/AT: DR. SMT.V.B.SAVIRAMATHSHANTA, PLOT NO.89/1B 9, AISHWARYA PLACE, BEHIND SARVAMANGALA HOSPITAL, DHARWAD, DIST: DHARWAD – 580001.
5. RAMESH KULKARNIS/O RAVJIKULKARNI AGE: 58 YEARS OCC: PROFESSOR IN MANAGEMENT KARNATAKA UNIVERSITY, R/AT: 215, HANUMANTH NAGAR, DHARWAD, DIST: DHARWAD - 580003
6. DR.JYOTHIDHRUVABASAVARAJ AGE: 54 YEARS, OCC: SENIOR PROFESSOR, DEPARTMENT OF SOCIOLOGY, KARNATAKA UNIVERSITY, PAVATENAGAR, DHARAWAD DIST: DHARWAD-580 001.
7. SANJAYAKUMAR M. MALAGATTI AGE: 54 YEARS, OCC: PROFESSOR P G DEPARTMENT OF JOURNALISM AND MASS COMMUNICATION KARNATAKA UNIVERSITY DHARWAD R/AT:NO,100, 3RD CROSS, BLOCK NO. 30, SAMBHAVI NAGAR BEHIND KUD CAMPUS, DHARWAD, DIST: DHARWAD-580 003.
8. N. RAMANJANEYALUS/O. KUMARAPPA, AGE: ABOUT 48 YEARS, OCC: PROFESSOR OF MANAGEMENT KARNATAKA UNIVERSITY, DHARWAD, R/AT: “MOTRAGANGAMMAKRUPA”
WP No. 107268 of 2025 HC-KAR WP No. 107269 of 2025 WP No. 107273 of 2025 NISARGA NAGAR, 6TH CROSS, DHARWAD, DIST: DHARWAD-580003.
9. DR. ADIVEPPAMARIYAPPAKADUKOL, AGE: ABOUT 51 YEARS, OCC:PROFESSOR OF MANAGEMENT (MBA), KARNATAKA UNIVERSITY, DHARWAD R/AT: # 05, BHUVAN STONE BUILDING, SIDDAGANGA NAGAR, KYARKOPPA ROAD DHARWAD, DIST: DHARWAD – 580 007.
10. SHILADHARMUGALIS/O. YALLAPPA, AGE: 52 YEARS, OCC: SENIOR PROFESSOR, DEPARTMENT OF HISTORY AND ARCHAEOLOGY KARNATAKA UNIVERSITY DHARWAD, R/AT:159/E SHAMBHAVI NAGAR, BEHIND HOYASAL NAGAR, DHARWAD, DIST: DHARWAD-580003.
11. DR.RAMESHNAIKS/O. LATE RAMSINGH AGED 59 YEARS.
OCC:SENIOR PROFESSOR. DEPARTMENT OF LIBRARY ND INFORMATION SCIENCE, KARNATAKA UNIVERSITY, DHARWAD.
R/AT: AMBANIWAS #98/3, BEHIND TAPOVAN MATT, NEAR ELIGAR SPORTS ARENA, KELGERI ROAD, DHARWAD, DIST: DHARWAD - 580 003.
12. DR. NIRUPAMA J.M.
W/O. DR. GIRISHG.KADADEVARU, AGE: 52 YEARS, OCC: ASSISTANT PROFESSOR OF PHYSICS, KARNATAKA SCIENCE COLLEGE, DHARWAD R/AT: NO. 7B "SHASHIKIRANA", OPP IOC PETROL BUNK, KALAGHATAGI ROAD, DHARWAD, DIST: DHARWAD -580002.
13. DRTANUSHRI NARAYANANCHAND/O N. B. ANCHAN, AGE: ABOUT 36 YEARS, WP No. 107268 of 2025 HC-KAR WP No. 107269 of 2025 WP No. 107273 of 2025 OCC: ASSISTANT PROFESSOR, DEPARTMENT OF PSYCHOLOGY, KARNATAKA UNIVERSITY, DHARWAD R/AT: PRAKRUTI APARTMENT, OPP. JAYANAGAR LAKE PAKE, C B NAGAR, DHARWAD DIST: DHARWAD - 580001
14. DR. MANJULA S RW/O. ANANTHANAG, AGE: ABOUT 50 YEARS, OCC: PROFESSOR OF LAW, KARNATAKA UNIVERSITY, DHARWAD R/AT: B 13, RANKASTELO APARTMENT, BARAKOTRI, DHARWAD, DIST: DHARWAD – 580007
15. RAKESHKUMARKAMBLES/O. MARUTI, AGE: ABOUT 41 YEARS, ASSISTANT PROFESSOR( LAW), KARNATAKA UNIVERSITY'S SIR SIDDAPPAKAMBALI LAW COLLEGE, DHARWAD, R/AT : PLOT NO.2, "TIPPANNA NIVAS", RAGHAVENDRA NAGAR, BARAKOTRI ROAD, DHARWAD, DIST: DHARWAD – 580007.
16. SHIVAKUMAR M.A AGE: 41 YEARS, OCC: ASSISTANT PROFESSOR, P.G. DEPARTMENT OF STUDIES IN LAW, KARNATAKA UNIVERSITY DHARWAD, R/AT: BASAVASHRINILAYA, BD PATIL CONVENTION HALL ROAD, DB KOPPA, DHARWAD, DIST: DHARWAD – 580008.
17. DR. ANITAGUDID/O. KUDALLAYYAGUDI, AGE: 55 YEARS, OCC: ASSISTANT PROFESSOR, DR.R C HIREMATH KANNADA ADHYAYANPEETH KARNATAKA UNIVERSITY DHARWAD R/AT: 'CHINMAYI' PLOT NO:257
1ST MAIN, C B NAGAR WP No. 107268 of 2025 HC-KAR WP No. 107269 of 2025 WP No. 107273 of 2025 NEAR LINGAYATBHAVAN DHARWAD, DIST: DHARWAD-580007
18. DR. MALLAPPAN BANDIS/O. NINGAPPA, AGED 39 YEARS, OCC: ASSISTANT PROFESSOR OF KANNADA, KARNATAKA UNIVERSITY DHARAWAD R/AT: B/6 QUARTERS, KARNATAKA UNIVERSITY CAMPUS PAVATENAGARA DHARWAD, DIST: DHARWAD - 580003. 19. SHASHIREKHAMALAGI D/O .LATE SHRIGIRIYAPPAMALAGI, AGE:40 YEARS, OCC: ASSISTANT PROFESSOR OF LAW KUSSK LAW COLLEGE DHARWAD R/AT: C/O.SHIVANANDANILAYA MARUTIGARADI MANE BACK SIDE ROAD, VIVEKANANDA NAGAR, DHARWAD, DIST: DHARWAD - 580004
20. DR.SARASWATI P MASTI, AGE:52 YEARS, OCC: PROFESSOR, DEPARTMENT OF CHEMISTRY KARNATAKA SCIENCE COLLEGE, DHARWAD, DIST: DHARWAD – 580 001.
…PETITIONERS (BY SRI. K. S. PATIL, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA REP. BY ITS SECRETARY, DEPARTMENT OF HIGHER EDUCATION, M.S. BUILDING, DR. AMBEDKARVEEDHI, BENGALURU – 560 001.
2. THE ADDITIONAL SECRETARY, DEPARTMENT OF HIGHER EDUCATION, M.S. BUILDING, DR. AMBEDKARVEEDHI, WP No. 107268 of 2025 HC-KAR WP No. 107269 of 2025 WP No. 107273 of 2025 BENGALURU – 560 001.
3. INDIAN AUDIT AND ACCOUNTS DEPARTMENT R/BY SENIOR AUDIT OFFICER, OFFICE OF PRINCIPAL ACCOUNTANT GENERAL, (G & SSA), P.B.NO.5398, BENGALURU – 560 001.
4. THE KARNATAKA UNIVERSITY, R/BY REGISTRAR, DHARWAD – 580 003.
5. FINANCE DEPARTMENT, KARNATAKA UNIVERSITY, R/BY FINANCE OFFICER, DHARWAD – 580 003.
…RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1 AND R2;
SRI. RAMACHANDRA MALI, ADVOCATE FOR R4 AND R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER, OR DIRECTIONS, QUASHING THE COMMON IMPUGNED ORDERS DATED 08.05.2025 ISSUED BY RESPONDENT NO.5, ORDERING RECOVERY OF ALLEGED DA PAID IN EXCESS FOR THE PERIOD 2016-2019 DURING UGC 6TH PAY SCALE SALARY DISBURSEMENT, BY IMPUGNED SHOW CAUSE NOTICES ORDERS BEARING NO. KA.VI.VI./HA.VI./VETANA/2024-25/198, DATED 08.05.2025, ISSUED TO PETITIONER NO.1,NO.KA.VI.VI./HA.VI./VETANA/2024- 25/273,DATED 08.05.2025 ISSUED TO PETITIONER NO.2, NO.KA.VI.VI./HA.VI./VETANA/2024-25/170,DATED 08.05.2025 ISSUED TO PETITIONER NO.3,NO.KA.VI.VI./HA.VI./VETANA/2024- 25/109,DATED 08.05.2025 ISSUED TO PETITIONER NO.4, NO.KA.VI.VI./HA.VI./VETANA/2024-25/295,DATED 08.05.2025 ISSUED TO PETITIONER NO.5,NO.KA.VI.VI./HA.VI./VETANA/2024- 25/156,DATED 08.05.2025 ISSUED TO PETITIONER NO.6,NO.KA.VI.VI./HA.VI./VETANA/2024-25/264,DATED 08.05.2025 ISSUED TO PETITIONER NO.7,NO.KA.VI.VI./HA.VI./VETANA/2024- 25/269,DATED 08.05.2025 ISSUED TO PETITIONER NO.8,NO.KA.VI.VI./HA.VI./VETANA/2024-25/297,DATED 08.05.2025 ISSUED TO PETITIONER NO.9,NO.KA.VI.VI./HA.VI./VETANA/2024- 25/77,DATED 08.05.2025 ISSUED TO PETITIONER NO.10,NO.KA.VI.VI./HA.VI./VETANA/2024-25/45,DATED 08.05.2025 WP No. 107268 of 2025 HC-KAR WP No. 107269 of 2025 WP No. 107273 of 2025 ISSUED TO PETITIONER NO.11, NO.KA.VI.VI./HA.VI./VETANA/2024- 25/278,DATED 08.05.2025 ISSUED TO PETITIONER NO.12, NO.KA.VI.VI./HA.VI./VETANA/2024-25/216,DATED 08.05.2025 ISSUED TO PETITIONER NO.13, NO.KA.VI.VI./HA.VI./VETANA/2024- 25/255,DATED 08.05.2025 ISSUED TO PETITIONER NO.14, NO.KA.VI.VI./HA.VI./VETANA/2024-25/201,DATED 08.05.2025 ISSUED TO PETITIONER NO.15, NO.KA.VI.VI./HA.VI./VETANA/2024- 25/233,DATED 08.05.2025 ISSUED TO PETITIONER NO.16, NO.KA.VI.VI./HA.VI./VETANA/2024-25/319,DATED 08.05.2025 ISSUED TO PETITIONER NO.17, NO.KA.VI.VI./HA.VI./VETANA/2024- 25/235,DATED 08.05.2025 ISSUED TO PETITIONER NO.18, NO.KA.VI.VI./HA.VI./VETANA/2024-25/202,DATED 08.05.2025 ISSUED TO PETITIONER NO.19, NO.KA.VI.VI./HA.VI./VETANA/2024- 25/281 ,DATED 08.05.2025 ISSUED TO PETITIONER NO.20ARE PRODUCED HEREWITH AND MARKED AS ANNEXURE-A, A1 TO A19, RESPECTIVELY AND ARE LIABLE TO BE QUASHED AS UNCONSTITUTIONAL.B. ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT ORDER OR DIRECTIONS QUASHING THE CIRCULAR BEARING NO.ED 306 UNE 2021, DATED 09.03.2022 ISSUED BY RESPONDENT NO.2, VIDE ANNEXURE-B IN SO FAR AS PETITIONERS ARE CONCERNED.C. ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTIONS RESTRAINING THE RESPONDENTS, THEIR OFFICERS OR AGENTS FROM RECOVERING ANY AMOUNT FROM PETITIONERS TOWARDS ALLEGED EXCESS DA PAYMENTD. DIRECT THE RESPONDENTS TO REFUND ANY AMOUNT, IF ALREADY RECOVERED FROM THE PETITIONERS PURSUANT TO THE IMPUGNED ORDERS ALONG WITH INTEREST AT SUCH RATE AS THIS HON BLE COURT DEEMS FITANDE. ANY OTHER AND FURTHER RELIEFS, AS THIS HON BLE COURT DEEMS FIT AND JUST TO SERVE ENDS OF JUSTICE AND ETC., W.P.NO.107268/2025 BETWEEN:
1. VOOTLASHYAMAKUMAR,S/O.DURGAIAH, AGED ABOUT 53 YEARS, OCC: PROFESSOR OF BIOTECHNOLOGY KARNATAKA UNIVERSITY, DHARWAD, R/A: SHAYNE SECOND CROSS, HOYSALANAGAR,DHARWAD, DIST: DHARWAD – 580003. 2. DR.SHIVASHARANA CT, WP No. 107268 of 2025 HC-KAR WP No. 107269 of 2025 WP No. 107273 of 2025 AGE: 52 YEARS, OCC: PROFESSOR, DEPARTMENT OF BIOTECHNOLOGY AND MICROBIOLOGY, KARNATAKA UNIVERSITY, DHARWAD, R/AT:#402, SAIRANGA APARTMENT, KALYAN NAGAR, 8TH CROSS, DHARWAD, DIST: DHARWAD – 580007.
3. LALITHA R NAIK,W/O.DR.RAMESH R NAIK, AGE: 57 YEARS, OCC: ASSISTANT PROFESSOR, DEPARTMENT OF BCA, KARNATAKA SCIENCE COLLEGE, DHARWAD R/AT:AMBANIWAS #98/3, BEHIND TAPOVAN MATT, NEAR ELIGAR SPORTS ARENA, KELGERI ROAD, DHARWAD, DIST: DHARWAD – 580003. 4. AMBIKARAMCHANDRA, AGE:49 YEARS, OCC: ASSISTANT PROFESSOR, DEPARTMENT OF BCA, KARNATAKA SCIENCE COLLEGE, DHARWAD R/AT: HNO:69, "RAJGRUHA", KIADB COLONY NEAR TAPOVAN, DHARWAD, DIST: DHARWAD – 580003
5. YARISWAMY S/O,MALLIKARJUNAPPA, AGE: 54 YEARS, OCC: PROFESSOR, DEPARTMENT OF POLITICAL SCIENCE, KARNATAKA UNIVERSITY, DHARWAD, R/AT: NISARGA LAYOUT 6TH CROSS, ATTIKOLLADHARWAD, DIST: DHARWAD – 580 003
6. CHANDRAMMA D/O. LATE MANCHAIAH M, AGE: 51 YEARS, OCC: PROFESSOR, P.G. DEPARTMENT OF STUDIES IN COMMERCE WP No. 107268 of 2025 HC-KAR WP No. 107269 of 2025 WP No. 107273 of 2025 KARNATAKA UNIVERSITY DHARWAD, R/AT:8THCROSS, KALYAN NAGAR, SAIPRASAD APARTMENT, DHARWAD, DIST: DHARWAD –580 007
7. SRIDEVI, AGE: 50 YEARS, OCC: PROFESSOR, PG DEPT OF COMPUTER SCIENCE KARNATAKA UNIVERSITY DHARWAD R/AT:D/O.B.SIDRAM, PLOT NO# A-41, RANKASTELO APARTMENT, OPPOPAWAN SCHOOL, BARAKOTRI, DHARWAD, DIST: DHARWAD –580007
8. BHARADIHONNAPPAHANUMANTHAPPA, AGE: 54 YEARS, OCC: PROFESSOR, DEPARTMENT OF ECONOMICS, KARNATAKA UNIVERSITY DHARWAD, R/AT:SRI DEVI SWARNAGRUHA, PLOT NO. 34+35+36/2, NISARGA LAYOUT, NEAR BALBALAGA SCHOOL, DHARWAD, DIST: DHARWAD – 580 001.
9. SYEDAYASMEENFATHIMA, AGE: 55 YEARS, OCC: ASSOCIATE PROFESSOR, DEPARTMENT OF URDU & PERSIAN, KARNATAKA ARTS COLLEGE DHARWAD, R/AT:#NO.36, NEAR SAVNURNAWAB MASJID, 1STCROSS, NARAYANPUR, DHARWAD, DIST: DHARWAD – 580008
10. TRIVENI S D/O.SHRI A. SUBBARAO AGE: 52 YEARS OCC: ASSOCIATE PROFESSOR, DEPARTMENT OF CRIMINOLOGY, KARNATAKA UNIVERSITY DHARWAD, WP No. 107268 of 2025 HC-KAR WP No. 107269 of 2025 WP No. 107273 of 2025 R/AT: NO.242 KRISHNA KRUPA, 3RD CROSS, NISARGA LAYOUT, DHARWAD, DIST: DHARWAD – 580003
11. MURIGENDRAHIREMATHS/O.BASAYYA AGE: ABOUT 52 YEARS, OCC:PROFESSOR OF MICROBIOLOGY AND BIOTECHNOLOGY, KARNATAKA UNIVERSITY, DHARWAD, R/AT: “OM”NAVODAY NAGAR, 14TH CROSS ROAD, DHARWAD,DIST: DHARWAD – 580003
12. DR.C.KRISHNAMURTHY AGE:53 YEARS, OCC: PROFESSOR AND CHAIRMAN DEPARTMENT OF LIBRARY & INFORMATION SCIENCE, KARNATAKA UNIVERSITY, DHARWAD, R/AT: C.KRISHNAMURTHYS/O.C.VENKAPPA, "NANDAGOKULA", H.NO.108/A/6, SIDDHARTHA COLONY, (OPPOSITE NEW BUS STAND), P.B.ROAD,DHARWAD, DIST: DHARWAD – 580008
13. RAVINDRAKAMBLES/O.RAMAPPA AGE: ABOUT 49 YEARS, OCC: SENIOR PROFESSOR OF CHEMISTRY, KARNATAKA UNIVERSITY, DHARWAD R/AT: 46/14343 “PRABUDDHA”, 10A CROSS, NIRMAL NAGAR, DHARWAD, DIST: DHARWAD – 580003
14. DR. SHIVAKUMARA KS/O.KUPPURAJU N, AGE: 54 YEARS, OCC: PROFESSOR OF PSYCHOLOGY KARNATAKA UNIVERSITY DHARWAD, R/AT: NO. 14/1 'GURUKRUPA'
4TH CROSS, 2ND MAIN, VAASA LAYOUT, KALYANANAGAR DHARWAD, DIST: DHARWAD –580 007 WP No. 107268 of 2025 HC-KAR WP No. 107269 of 2025 WP No. 107273 of 2025
15. DR. NARAYANAPPASALIS/O.MALLAPPA AGE: ABOUT 58 YEARS, OCC: REGISTRAR, KARNATAKA JANAPADA UNIVERSITY, KARNATAKA UNIVERSITY, DHARWAD GOTAGUDI, NH 4 SHIGGAVDIST: HAVERI.
R/AT: MATA PITA NILAYA H NO B-1-75, TIWIC ROAD, NISARGA LAYOUT, DHARWAD, DIST: DHARWAD – 580003
16. DR.SMT DORIS MYRTLE SINGH W/O.GODFRED VICTOR SINGH, AGED ABOUT 60 YEARS, OCC:PROFESSOR OF BOTANY, KARNATAKA SCIENCE COLLEGE, DHARWAD, HOME OF PRAISE, H.NO 11053, GURJAL COMPOUND, 1ST CROSS SAPTHAPUR, DHARWAD, DIST: DHARWAD – 580001.
17. ANDANAPPACHANDRAPPAKURAHATTI, AGE: 60 YEARS, OCC: PROFESSOR, DEPARTMENT OF ANTHROPOLOGY , KARNATAKA ARTS COLLEGE, DHARWAD R/AT:ANANDADHAMSHRISIDDHARUD MATH, YADAWAD, TQ/DISTRICT: DHARWAD, DIST: DHARWAD – 581 206.
18. VEDAMURTHY A BS/O. OF ANKALABASAPPA K N, AGE: ABOUT 56 YEARS, OCC: SENIOR PROFESSOR, DEPARTMENT OF BIOTECHNOLOGY AND MICROBIOLOGY, KARNATAKA UNIVERSITY DHARWAD R/AT: NO. 74, SAMPADA, KIADB HOUSING LAYOUT, HALIYAL ROAD, NEAR TAPOVANA, DHARWAD, DIST: DHARWAD – 580004
19. SADANANDSUGANDHIS/O.BASAVARAJ AGE: 55 YEARS, WP No. 107268 of 2025 HC-KAR WP No. 107269 of 2025 WP No. 107273 of 2025 OCC: PROFESSOR, DEPARTMENT OF ANTHROPOLOGY KUD, R/AT: QRTS.NO A-24, K U CAMPUS, KARNATAKA UNIVERSITY, DHARWAD, DIST: DHARWAD –580 003
20. DR. ASHOK HULIBANDI, AGE: 56 YEARS, OCC: PROFESSOR OF ENGLISH KARNATAKA UNIVERSITY, DHARWAD R/AT: HN. 13/48, "SWARNAKUTEERS", 2ND MAIN ROAD, MOOKAMBIKANAGARA, OPPT. KVG BANK HO DHARWAD, DIST: DHARWAD – 580008 …PETITIONERS (BY SRI. K. S. PATIL, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA REP. BY ITS SECRETARY, DEPARTMENT OF HIGHER EDUCATION, M.S. BUILDING, DR. AMBEDKARVEEDHI, BENGALURU – 560 001.
2. THE ADDITIONAL SECRETARY, DEPARTMENT OF HIGHER EDUCATION, M.S. BUILDING, DR. AMBEDKARVEEDHI, BENGALURU – 560 001.
3. INDIAN AUDIT AND ACCOUNTS DEPARTMENT R/BY SENIOR AUDIT OFFICER, OFFICE OF PRINCIPAL ACCOUNTANT GENERAL, (G & SSA), P.B.NO.5398, BENGALURU – 560 001.
4. THE KARNATAKA UNIVERSITY, R/BY REGISTRAR, DHARWAD – 580 003.
55. FINANCE DEPARTMENT, KARNATAKA UNIVERSITY, WP No. 107268 of 2025 HC-KAR WP No. 107269 of 2025 WP No. 107273 of 2025 R/BY FINANCE OFFICER, DHARWAD – 580 003.
…RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1 AND R2;
SRI. RAMACHANDRA MALI, ADVOCATE FOR R4 AND R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER, OR DIRECTIONS, QUASHING THE COMMON IMPUGNED ORDERS DATED 08.05.2025 ISSUED BY RESPONDENT NO.5, ORDERING RECOVERY OF ALLEGED DA PAID IN EXCESS FOR THE PERIOD 2016-2019 DURING UGC 6TH PAY SCALE SALARY DISBURSEMENT, BY IMPUGNED SHOW CAUSE NOTICE ORDERS BEARING NO. KA.VI.VI./HA.VI./VETANA/2024-25/242, DATED08.05.2025, ISSUED TO PETITIONERNO.1,NO.KA.VI.VI./HA.VI./VETANA/2024- 25/266,DATED 08.05.2025 ISSUED TO PETITIONERNO.2, NO.KA.VI.VI./HA.VI./VETANA/2024-25/173,DATED 08.05.2025 ISSUED TO PETITIONERNO.3,NO.KA.VI.VI./HA.VI./VETANA/2024- 25/177,DATED 08.05.2025 ISSUED TO PETITIONERNO.4, NO.KA.VI.VI./HA.VI./VETANA/2024-2525/316,DATED 08.05.2025 ISSUED TO PETITIONERNO.5,NO.KA.VI.VI./HA.VI./VETANA/2024- 25/314,DATED 08.05.2025 ISSUED TO PETITIONERNO.6,NO.KA.VI.VI./HA.VI./VETANA/2024-25/257,DATED
08.05.2025 ISSUED TO PETITIONERNO.7 ,NO.KA.VI.VI./ HA.VI./VETANA/2024-25/230,DATED 08.05.2025 ISSUED TO PETITIONERNO.8,NO.KA.VI.VI./HA.VI./VETANA/2024-25/67,DATED
08.05.2025 ISSUED TO PETITIONERNO.9, NO.KA.VI.VI./HA.VI. /VETANA/2024-25/187,DATED 08.05.2025 ISSUED TO PETITIONERNO.10,NO.KA.VI.VI./HA.VI./VETANA/2024-25/298,DATED
08.05.2025 ISSUED TO PETITIONERNO.11, NO.KA.VI.VI./ HA.VI./VETANA/2024-25/253,DATED 08.05.2025 ISSUED TO PETITIONERNO.12, NO.KA.VI.VI./HA.VI./VETANA/2024-25/171,DATED 08.05.2025 ISSUED TO PETITIONERNO.13, NO.KA.VI.VI./ HA.VI./VETANA/2024-25/249,DATED 08.05.2025 ISSUED TO PETITIONERNO.14, NO.KA.VI.VI./HA.VI./VETANA/2024-25/191,DATED 08.05.2025 ISSUED TO PETITIONERNO.15, NO.KA.VI.VI./ HA.VI./VETANA/2024-25/52,DATED 08.05.2025 ISSUED TO PETITIONERNO.16, NO.KA.VI.VI./HA.VI./VETANA/2024-25/97,DATED 08.05.2025 ISSUED TO PETITIONERNO.17, NO.KA.VI.VI./ HA.VI./VETANA/2024-25/200,DATED 08.05.2025 ISSUED TO PETITIONERNO.18, NO.KA.VI.VI./HA.VI./VETANA/2024-25/203,DATED 08.05.2025 ISSUED TO PETITIONERNO.19, NO.KA.VI.VI./ HA.VI./VETANA/2024-25/254,DATED 08.05.2025 ISSUED TO WP No. 107268 of 2025 HC-KAR WP No. 107269 of 2025 WP No. 107273 of 2025 PETITIONERNO.20ARE PRODUCED HEREWITH AND MARKED ASANNEXURE-A, A1 TO A19, RESPECTIVELY AND ARELIABLE TO BE QUASHED AS UNCONSTITUTIONAL.B. ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT ORDER OR DIRECTIONS QUASHING THE CIRCULAR BEARING NO.ED 306 UNE 2021, DATED 09.03.2022 ISSUED BY RESPONDENT NO.2, VIDE ANNEXURE-B, IN SO FAR AS PETITIONER ARE CONCERNEDC. ISSUE A WRIT OF MANDAMUS OR ANY OTHERAPPROPRIATE WRIT, ORDER OR DIRECTIONS RESTRAINING THE RESPONDENTS, THEIR OFFICERS OR AGENTS FROM RECOVERING ANY AMOUNT FROM PETITIONERS TOWARDS ALLEGED EXCESS DA PAYMENTD. DIRECT THE RESPONDENTS TO REFUND ANY AMOUNT, IF ALREADY RECOVERED FROM THE PETITIONERS PURSUANT TO THE IMPUGNED ORDERS ALONG WITH INTEREST AT SUCH RATE AS THIS HONBLE COURT DEEMS FIT AND E. ANY OTHER AND FURTHER RELIEFS, AS THIS HONBLE COURT DEEMS FIT AND JUST TO SERVE ENDS OF JUSTICE AND ETC., W.P.NO.107269/2025 BETWEEN:
1. JAMBULINGAPP AMADIVALAP PACHANDUNAVAR., AGE: 54 YEARS, OCC: PROFESSOR AND CHAIRMAN OF DEPT. OF MASS COMMUNICATION AND JOURNALISM, R/AT: 'CHANDANA' BUILDING, 2ND CROSS, GYANABA LAYOUT, NARAYANAPUR, DHARWAD, DIST: DHARWAD – 580008. 2. DR. ANIL B. TALAWAR AGE : 43 YEARS OCC: ASSISTANT PROFESSOR, DEPARTMENT OF LIBRARY AND INFORMATION SCIENCE, DHARWAD - 580 003 R/AT: S/O BHEEMAPPATALAWAR "JANANI" SANGOLLIRAYANNA NAGAR, DHARWAD,DIST: DHARWAD - 580 002
3. BASAVARAJ H GUJALAR S/O.HANAMANTAPPAGUJALAR AGE: 56 YEARS, OCC: PROFESSOR OF ANTHROPOLOGY, KUD, WP No. 107268 of 2025 HC-KAR WP No. 107269 of 2025 WP No. 107273 of 2025 R/AT: HOUSE NO.104, MAHIMA RESIDENCY, 1ST FLOOR, 1ST CROSS KALYAN NAGAR, DHARWAD,DIST: DHARWAD - 580007
4. M P RAMESH, AGE: 58 YEARS, OCC: PROFESSOR, DEPARTMENT OF PHILOSOPHY, KARNATAK UNIVERSITY, DHARWAD, R/AT:BASAVANILAYA, PRAGATHI COLONY, HALYAL ROAD,SAPTAPUR, DHARWAD, DIST: DHARWAD – 580 001.
5. N SHIVANNA S/O. NANJAIAH AGE:60 YEARS, OCC: PROFESSOR OF BOTANY KARNATAKA UNIVERSITY, DHARWAD R/AT: A27, KARNATAKA UNIVERSITY QUARTERS, PAVATE NAGAR, DHARWAD, DIST: DHARWAD - 580003
66. PULIKESHI M. BIRADAR S/O.MALLIKARJUN, AGE: 56 YEARS, OCC: PROFESSOR, DEPARTMENT OF ZOOLOGY, KARNATAKA UNIVERSITY, DHARWAD R/AT: SHIVA KRUPA BUILDING, Y. S COLONY, DHARWAD, DIST: DHARWAD - 580 004
77. GIRISHGURUSIDDAYYAKADADEVARU AGE:61 YEARS, OCC: ASSOCIATE PROFESSOR, DEPARTMENT OF ZOOLOGY, KARNATAKA UNIVERSITY DHARWAD, R/AT:HOUSE NO 7B, OPPOSITE INDIAN OIL PETROL PUMP, KALGHATGI ROAD, SARASWATPUR DHARWAD,DIST: DHARWAD - 580002 8. GANESH C.B. S/O. R. BANNAIAH, AGE: 52 YEARS, OCC: PROFESSOR, DEPARTMENT OF ZOOLOGY, KARNATAKA UNIVERSITY, DHARWAD, R/AT: #221, ‘SRIRANGA’ NISARGA LAYOUT, WP No. 107268 of 2025 HC-KAR WP No. 107269 of 2025 WP No. 107273 of 2025 DHARWAD,DIST: DHARWAD - 580 003
9. SRINATH B S AGE: 39 YEARS, OCC: ASSISTANT PROFESSOR, DEPARTMENT OF ZOOLOGY, KARNATAKA UNIVERSITY DHARWAD, R/AT: FLAT NO.8, DEVI APARTMENT, YALAKKISHETTAR COLONY, DHARWAD,DIST: DHARWAD– 580004
10. SREENIVASANAYAKAS/O. OBAIAH. B.
AGE: ABOUT 49 YEARS, OCC:ASSISTANT PROFESSOR, DEPARTMENT OF BOTANY, KARNATAKA UNIVERSITY, DHARWAD, R/AT: NISARGA LAYOUT, NEAR TIWAQ QUARTERS, DHARWAD, DIST: DHARWAD -580003
11. HARISHCHANDRASONARAMANE S/O. SONASADASHIVRAMANE AGE: 53 YEARS OCC: SENIOR PROFESSOR, DEPARTMENT OF MATHEMATICS, KARNATAKA UNIVERSITY DHARWAD R/AT:PLOT NO. 28, SHRI RAM COLONY, LAXMI NAGAR, GANESHPUR, HINDALAGA, BELAGAVI, DIST: DHARWAD - 591108
12. KOTRABASAYYAJUKTIMATHS/O. VISHWANATH AGE: ABOUT 55 YEARS, OCC: PROFESSOR OF ANTHROPOLOGY, KARNATAKA UNIVERSITY, DHARWAD, R/AT: "PUNYAKOTI" PLOT NO: 68, NISARG LAYOUT, 3RD MAIN ROAD, DHARWAD, DIST: DHARWAD - 580007
13. SUREKHABHIMASHANKARMUNOLI, D/O BHIMASHANKARMUNOLI, AGE: 59 YEARS, WP No. 107268 of 2025 HC-KAR WP No. 107269 of 2025 WP No. 107273 of 2025 OCC: PROFESSOR OF STATISTICS, KARNATAKA UNIVERSITY, DHARWAD.
R/AT: 126 A , ANJALI BUILDING, 2ND MAIN, 4TH CROSS, SHIVAGIRI, DHARWAD, DIST: DHARWAD -580007 14. SHARADAVENKABHAT D/O. VENKAISHWARBHAT, AGE: 56 YEARS, OCC:PROFESSOR OF STATISTICS, KARNATAKA UNIVERSITY DHARWAD, R/AT: #13, SHUBHANGI, VIJAYANAGAR, HALIYAL ROAD, DHARWAD, DIST: DHARWAD– 580003.
15. APPANNASATYAPPATALAWAR AGE: 55 YEARS, OCC:SENIOR PROFESSOR, DEPARTMENT OF STATISTICS, KARNATAKA UNIVERSITY, DHARWAD, R/AT:PLOT NO. 307, NISARGA LAYOUT, BEHIND TIWAKQTRS, DHARWAD, DIST: DHARWAD - 580003.
16. MALLIKARJUNSANGANAGOUDAPATIL AGE: 59 YEARS, OCC: DEPUTY LIBRARIAN, S.S.BASAVANAL LIBRARY, K.U.DHARWAD-580003, R/AT: AISHWARYA, PRAGATI COLONY, SAPTAPUR, DHARWAD, DIST: DHARWAD – 580001.
17. PANDITKASANDRATHOD AGE: 55 YEARS, OCC: ASSISTANT PROFESSOR, DEPARTMENT OF KANNADA, KARNATAKA UNIVERSITY DHARWAD, R/AT:PLOT NO.12 SY NO.30, SHAMBAVINAGAR, DHARWAD, DIST: DHARWAD - 580003 WP No. 107268 of 2025 HC-KAR WP No. 107269 of 2025 WP No. 107273 of 2025
18. RAJESH GURUNATHKALKHAMBKAR AGE:44 YEARS OCC: ASSOCIATE PROFESSOR, DEPARTMENT OF CHEMISTRY, KARNATAKA SCIENCE COLLEGE DHARWAD, R/AT:C/O. M A VASTRAD, PLOT D, 1ST MAIN 2ND CROSS, NEAR ISHWAR TEMPLE, MAHANTH NAGAR KELAGERI ROAD, DHARWAD,DIST: DHARWAD - 580008
19. DR. LOKESHA, AGE: 53 YEARS, OCC: PROFESSOR, DEPARTMENT OF ANCIENT INDIAN HISTORY & EPIGRAPHY, KARNATAKA UNIVERSITY, DHARWAD.
R/AT: HOUSE NO. 302, 3RD FLOOR, SAIRANGA APARTMENT, KALYAN NAGAR, 8TH CROSS, DHARWAD,DIST: DHARWAD -580007.
20. G. S. VENUMADHAVA S/O. SHIVAPPA, AGE: 49 YEARS, OCC: PROFESSOR, P G DEPARTMENT OF FORENSIC SCIENCE AND CRIMINOLOGY, KARNATAKA UNIVERSITY, DHARWAD R/AT:NO. 162, 1ST CROSS, YALIGAR LAYOUT, NEAR RAILWAY STATION, DHARWAD,DIST: DHARWAD - 580007 …PETITIONERS (BY SRI. K. S. PATIL, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA REP. BY ITS SECRETARY, DEPARTMENT OF HIGHER EDUCATION, M.S. BUILDING, DR. AMBEDKARVEEDHI, BENGALURU – 560 001.
2. THE ADDITIONAL SECRETARY, DEPARTMENT OF HIGHER EDUCATION, WP No. 107268 of 2025 HC-KAR WP No. 107269 of 2025 WP No. 107273 of 2025 M.S. BUILDING, DR. AMBEDKARVEEDHI, BENGALURU – 560 001.
3. INDIAN AUDIT AND ACCOUNTS DEPARTMENT R/BY SENIOR AUDIT OFFICER, OFFICE OF PRINCIPAL ACCOUNTANT GENERAL, (G & SSA), P.B.NO.5398, BENGALURU – 560 001.
4. THE KARNATAKA UNIVERSITY, R/BY REGISTRAR, DHARWAD – 580 003.
5. FINANCE DEPARTMENT, KARNATAKA UNIVERSITY, R/BY FINANCE OFFICER, DHARWAD – 580 003.
…RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1 AND R2;
SRI. RAMACHANDRA MALI, ADVOCATE FOR R4 AND R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER, OR DIRECTIONS, QUASHING THE COMMON IMPUGNED ORDERS DATED 08.05.2025 ISSUED BY RESPONDENT NO.5, ORDERING RECOVERY OF ALLEGED DA PAID IN EXCESS FOR THE PERIOD 2016-2019 DURING UGC 6TH PAY SCALE SALARY DISBURSEMENT, BY IMPUGNED ORDERS SHOW CAUSE NOTICE BEARING NO.KA.VI.VI./HA.VI./VETANA/2024- 25/302, DATED08.05.2025, ISSUED TO PETITIONERNO.1,NO.KA.VI .VI./HA.VI./VETANA/2024-25/192,DATED 08.05.2025 ISSUED TO PETITIONERNO.2, NO.KA.VI.VI./HA.VI./VETANA/2024-25/159,DATED 08.05.2025 ISSUED TO PETITIONERNO.3,NO.KA. VI.VI./HA.VI./VETANA/2024-25/250,DATED 08.05.2025 ISSUED TO PETITIONERNO.4, NO.KA.VI.VI./HA.VI./VETANA/2024-2525/90,DATED 08.05.2025 ISSUED TO PETITIONERNO.5, NO.KA.VI.VI./HA.VI ./VETANA/2024-25/204,DATED 08.05.2025 ISSUED TO PETITIONERNO.6,NO.KA.VI.VI./HA.VI./VETANA/2024-25/199,DATED
08.05.2025 ISSUED TO PETITIONERNO.7,NO. KA.VI.VI./HA.VI./ VETANA/ 2024-25/160,DATED 08.05.2025 ISSUED TO PETITIONER NO.8 ,NO. KA.VI.VI./HA.VI./VETANA/2024-25/234,DATED 08.05.2025 ISSUED TO PETITIONERNO.9,NO.KA.VI.VI./HA.VI./VETANA/2024- 25/300,DATED 08.05.2025 ISSUED TO PETITIONERNO.10,NO.
WP No. 107268 of 2025 HC-KAR WP No. 107269 of 2025 WP No. 107273 of 2025 KA.VI.VI./HA.VI./VETANA/2024-25/194,DATED 08.05.2025 ISSUED TO PETITIONERNO.11, NO.KA.VI.VI./HA.VI./ VETANA/2024-25/94,DATED 08.05.2025 ISSUED TO PETITIONERNO.12, NO.KA.VI.VI./HA.VI./VETANA/2024-25/44,DATED 08.05.2025 ISSUED TO PETITIONERNO.13, NO.KA.VI.VI./HA.VI./VETANA/2024- 25/43,DATED 08.05.2025 ISSUED TO PETITIONERNO.14, NO.KA. VI.VI./ HA.VI./ VETANA/2024-25/161,DATED 08.05.2025 ISSUED TO PETITIONERNO.15, NO.KA.VI.VI./HA.VI./VETANA/2024-25/113,DATED 08.05.2025 ISSUED TO PETITIONERNO.16, NO.KA.VI.VI ./HA.VI./VETANA/2024-25/285,DATED 08.05.2025 ISSUED TO PETITIONERNO.17, NO.KA.VI.VI./HA.VI./VETANA/2024-25/185,DATED 08.05.2025 ISSUED TO PETITIONERNO.18, NO.KA.VI.VI./HA.VI. /VETANA/2024-25/85,DATED 08.05.2025 ISSUED TO PETITIONERNO.19, NO.KA.VI.VI./HA.VI./VETANA/2024-25/259, DATED 08.05.2025 ISSUED TO PETITIONERNO.20 ARE PRODUCED HEREWITH AND MARKED ASANNEXURE-A, A1 TO A19, RESPECTIVELY AND ARELIABLE TO BE QUASHED AS UNCONSTITUTIONAL.B. ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT ORDER OR DIRECTIONS QUASHING THE CIRCULAR BEARING NO.ED 306 UNE 2021, DATED 09.03.2022 ISSUED BY RESPONDENT NO.2, VIDE ANNEXURE-B IN SO FAR AS PETITIONER ARE CONCERNEDC. ISSUE A WRIT OF MANDAMUS OR ANY OTHERAPPROPRIATE WRIT, ORDER OR DIRECTIONS RESTRAINING THE RESPONDENTS, THEIR OFFICERS OR AGENTS FROM RECOVERING ANY AMOUNT FROM PETITIONERS TOWARDS ALLEGED EXCESS DA PAYMENTD. DIRECT THE RESPONDENTS TO REFUND ANY AMOUNT, IF ALREADY RECOVERED FROM THE PETITIONERS PURSUANT TO THE IMPUGNED ORDERS ALONG WITH INTEREST AT SUCH RATE AS THIS HONBLE COURT DEEMS FIT AND E. ANY OTHER AND FURTHER RELIEFS, AS THIS HONBLE COURT DEEMS FIT AND JUST TO SERVE ENDS OF JUSTICE AND ETC., W.P.NO.107273/2025 BETWEEN:
1. BASAVARAJNAGOOR S/O. HANAMANTRAY, AGE: 51 YEARS, OCC:PROFESSOR OF ECONOMICS, KARNATAKA UNIVERSITY, DHARWAD R/AT. “SURABHI”, NIRMAL NAGAR, 12TH A, DHARWAD, DIST: DHARWAD – 580 003.
WP No. 107268 of 2025 HC-KAR WP No. 107269 of 2025 WP No. 107273 of 2025
2. VAMADEVA H TALAWARA AGE: 55 YEARS, OCC:ASSISTANT PROFESSOR DEPARTMENT OF KANNADA KARNATAKA ARTS COLLEGE DHARWAD -580001 R/AT: NO 182, 2ND CROSS, MAKALAWADI PLOT, VIJAYANANDANAGARA, NEAR DURGADEVI TEMPLE SHRINAGARA, DHARWAD, DIST: DHARWAD – 580 003.
3. JOAN LEELAMADTHA W/O. SUNIL SEQUEIRA, AGE 45 YEARS, OCC: ASSISTANT PROFESSOR IN ENGLISH KARNATAKA UNIVERSITY'S KARNATAKA ARTS COLLEGE DHARWAD R/AT: SHUBHAM RESIDENCY, FLAT NO. 103, SANMATI NAGAR, KELGERI ROAD, DHARWAD, DIST: DHARWAD – 580 003.
4. KANCHANAATMARAMGAONKAR, AGE: ABOUT 56YEARS OCC:PROFESSOR OF ENGLISH KARNATAKA ARTS COLLEGE, DHARWAD R/AT: 15/1,VITTHALWADI, MAHINDRAKARCHAWL, 1ST CROSS,K.C.PARK ROAD, DHARWAD, DIST: DHARWAD – 580 001. 5. MUKUND K. S/O. VALAPPALAMANI, AGE: ABOUT 56 YEARS, OCC: PROFESSOR OF ENGLISH, KARNATAK ARTS COLLEGE, DHARWAD, R/AT: LINGRAJ ART PRESS ,BILAGI COMPOUND , MALAMADDI,DHARWAD , DIST: DHARWAD – 580 007.
6. VIBHAVARIKULKARNI W/O. GANESH PATIL AGE : 58 YEARS, WP No. 107268 of 2025 HC-KAR WP No. 107269 of 2025 WP No. 107273 of 2025 OCC: ASSISTANT PROFESSOR, ENGLISH DEPARTMENT, KARNATAKA ARTS COLLEGE DHARWAD, R/AT:H.NO. 3 AMBANIWAS NEAR RAYARMATH, MALMADDI, DHARWAD, DIST: DHARWAD – 580 007.
7. STELLA STEVEN AGE: 51 YEARS, OCC: ASSISTANT PROFESSOR, ENGLISH DEPARTMENT, KARNATAKA ARTS COLLEGE DHARWAD, R/AT: #13, SECOND CROSS, KUSUM NAGAR, KELGERI ROAD DHARWAD, DIST: DHARWAD – 580 001.
8. SHAMALAMADHURATNAKAR AGE: 55 YEARS, OCC:PROFESSOR,DEPT OF ENGLISH KARNATAKA UNIVERSITY DHARWAD, R/AT:SAIKRUPA, NEAR STADIUM P.B.ROADDHARWAD, DIST: DHARWAD – 580 003.
9. BASAVARAJMADHURATNAKAR, AGE: ABOUT 59 YEARS, OCC: PROFESSOR, DEPARTMENT OF POLITICAL SCIENCE, K.U. DHARWAD, R/AT: SAIKRUPA,NEAR R.N.S.STADIUM, P.B.ROAD,DHARWAD, DIST: DHARWAD – 580 003.
10. RAJANI H AGE : 43 YEARS, OCC:ASSOCIATE PROFESSOR DEPT OF SANSKRIT, KARNATAKA ARTS COLLEGE, DHARWAD, R/AT: C/O MALATHESHA D, 'SHUBHAPRADAM', #75/1, 1STMAIN, 3RD CROSS, VAASA LAYOUT, KALYANANAGARA, DHARWAD, DIST: DHARWAD – 580 003.
11. SHRIDEVI P. G.
WP No. 107268 of 2025 HC-KAR WP No. 107269 of 2025 WP No. 107273 of 2025 D/O.PULIKESHIGOUDNAIK, AGE: 45 YEARS, OCC:ASSISTANT PROFESSOR OF ENGLISH, KARNATAKA UNIVERSITY, DHARWAD, R/AT: HOUSE NO. 26, RAMNAGAR, NEAR SANGAM THEATRE, DHARWAD, DIST: DHARWAD – 580 003.
12. RAVINDRACHOUGALE S/O.BASAPPA AGE: 57 YEARS, OCC: PROFESSOR OF CHEMISTRY, DEPARTMENT OF CHEMISTRY, KARNATAKAUNIVERSITYDHARWAD, R/AT: PLOT NO.261, NISARGA LAYOUT, DHARWAD, DIST: DHARWAD – 580 003.
13. LOKESH A SHASTRI AGE: 48 YEARS, OCC: PROFESSOR OF CHEMISTRY PG DEPARTMENT OF CHEMISTRY KARNATAKA UNIVERSITY DHARWAD, R/AT: H NO. 173 KIADB LAYOUT, HALIYAL ROAD,TAPOVAN, DHARWAD, DIST: DHARWAD – 580 003.
14. S.G.CHALAWADI AGE: 52 YEARS OCC: PROFESSOR, DEPARTMENT OF ANCIENT INDIAN HISTORY & EPIGRAPHY, KARNATAKA UNIVERSITY DHARWAD, R/AT:#D-2, LADIES HOSTEL ROAD, PAVATENAGAR,DHARWAD, DIST: DHARWAD – 580 003.
15. SANGEETHARAMACHANDRA MANE, AGE: 53YEARS OCC: PROFESSOR DEPARTMENT OF SOCIAL WORK, KARNATAKA UNIVERSITY DHARWAD, R/AT:'ASHIRWADH'
WP No. 107268 of 2025 HC-KAR WP No. 107269 of 2025 WP No. 107273 of 2025 OPP. PRATIMA HERITAGE, SARASWATPURLAST BUS STOP, SARASWATPUR, DHARWAD, DIST: DHARWAD – 580 003.
16. YASHAVANTRAUTS/O. SHANKAR, AGE: ABOUT44 YEARS, OCC:ASSOCIATE PROFESSOR OF MARATHI KARNATAKA ARTS COLLEGE DHARWAD, R/AT: HALIYAL ROAD, IN FRONT OF LAKE, SALKINKOPPA, TAL/DIST- DHARWAD, DIST: DHARWAD – 580 118.
17. BABA SHIVAPPABHAJANTRI AGE: 58 YEARS, OCC: ASSOCIATE PROFESSOR, DEPARTMENT OF KANNADA, KARNATAKA ARTS COLLEGE,DHARWAD, R/AT: PLOT NO.7 RAVINDRANAGAR HALIYAL ROAD, DHARWAD, DIST: DHARWAD – 580 003.
18. SHIDDAPPA C. SHIRLASHETTI AGE: 49 YEARS, OCC: PROFESSOR AND CHAIRMAN, DEPARTMENT OF MATHEMATICS, KARNATAKA UNIVERSITY DHARWAD R/AT:PLOT NO. 223, MAHAMANEBADAVANE, NEAR KUD BACK GATE, DHARWAD,DIST: DHARWAD – 580 003.
19. BIRADARBEEMARAYGOUDA B, AGE: 46 YEARS, OCC: ASSOCIATE PROFESSOR, DEPT. OF MANAGEMENT STUDIES KARNATAKA ARTS COLLEGE, DHARWAD R/AT: SANGAMNIVAS, NIRMALNAGAR
13THCROSS, DHARWAD DIST: DHARWAD – 580 003.
20. DR. NAGARAJA S. S/O SOMASHEKHARAPPA AGE: 52 YEARS, WP No. 107268 of 2025 HC-KAR WP No. 107269 of 2025 WP No. 107273 of 2025 OCC: ASSISTANT PROFESSOR OF COMPUTER SCIENCE, DEPARTMENT OF COMPUTER SCIENCE, KARNATAKA SCIENCE COLLEGE, DHARWAD, R/AT: PLOT NO. 29/4, "DEEPAGAANA", 2NDMAIN, 2NDCROSS,VAASA LAYOUT, KALYANNAGARA, DHARWAD, DIST: DHARWAD – 580 007.
…PETITIONERS (BY SRI. K. S. PATIL, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA REP. BY ITS SECRETARY, DEPARTMENT OF HIGHER EDUCATION, M.S. BUILDING, DR. AMBEDKARVEEDHI, BENGALURU – 560 001.
2. THE ADDITIONAL SECRETARY, DEPARTMENT OF HIGHER EDUCATION, M.S. BUILDING, DR. AMBEDKARVEEDHI, BENGALURU – 560 001.
3. INDIAN AUDIT AND ACCOUNTS DEPARTMENT R/BY SENIOR AUDIT OFFICER, OFFICE OF PRINCIPAL ACCOUNTANT GENERAL, (G & SSA), P.B.NO.5398, BENGALURU – 560 001.
4. THE KARNATAKA UNIVERSITY, R/BY REGISTRAR, DHARWAD – 580 003.
5. FINANCE DEPARTMENT, KARNATAKA UNIVERSITY, R/BY FINANCE OFFICER, DHARWAD – 580 003.
…RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1 AND R2;
SRI. RAMACHANDRA MALI, ADVOCATE FOR R4 AND R5)
WP No. 107268 of 2025 HC-KAR WP No. 107269 of 2025 WP No. 107273 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER, OR DIRECTIONS, QUASHING THE COMMON IMPUGNED ORDERS DATED 08.05.2025 ISSUED BY RESPONDENT NO.5, ORDERING RECOVERY OF ALLEGED DA PAID IN EXCESS FOR THE PERIOD 2016-2019 DURING UGC 6TH PAY SCALE SALARY DISBURSEMENT, BY IMPUGNED SHOW CAUSE NOTICES BEARING NO. KA.VI.VI./HA.VI./VETANA/2024- 25/247, DATED 08.05.2025, ISSUED TO PETITIONER NO.1,NO.KA.VI.VI./HA.VI./VETANA/2024-25/304,DATED 08.05.2025 ISSUED TO PETITIONER NO.2, NO.KA.VI.VI./HA.VI./VETANA/2024- 25/277,DATED 08.05.2025 ISSUED TO PETITIONER NO.3,NO.KA.VI.VI./HA.VI./VETANA/2024-25/137,DATED 08.05.2025 ISSUED TO PETITIONER NO.4, NO.KA.VI.VI./HA.VI./VETANA/2024- 25/83,DATED 08.05.2025 ISSUED TO PETITIONER NO.5,NO.KA.VI.VI./HA.VI./VETANA/2024-25/189,DATED 08.05.2025 ISSUED TO PETITIONER NO.6,NO.KA.VI.VI./HA.VI./VETANA/2024- 25/208,DATED 08.05.2025 ISSUED TO PETITIONER NO.7,NO.KA.VI.VI./HA.VI./VETANA/2024-25/78,DATED 08.05.2025 ISSUED TO PETITIONER NO.8,NO.KA.VI.VI./HA.VI./VETANA/2024- 25/153,DATED 08.05.2025 ISSUED TO PETITIONER NO.9,NO.KA.VI.VI./HA.VI./VETANA/2024-25/292,DATED 08.05.2025 ISSUED TO PETITIONER NO.10,NO.KA.VI.VI./HA.VI./VETANA/2024- 25/206,DATED 08.05.2025 ISSUED TO PETITIONER NO.11, NO.KA.VI.VI./HA.VI./VETANA/2024-25/229,DATED 08.05.2025 ISSUED TO PETITIONER NO.12, NO.KA.VI.VI./HA.VI./VETANA/2024- 25/274,DATED 08.05.2025 ISSUED TO PETITIONER NO.13, NO.KA.VI.VI./HA.VI./VETANA/2024-25/251,DATED 08.05.2025 ISSUED TO PETITIONER NO.14, NO.KA.VI.VI./HA.VI./VETANA/2024- 25/312,DATED 08.05.2025 ISSUED TO PETITIONER NO.15, NO.KA.VI.VI./HA.VI./VETANA/2024-25/290,DATED 08.05.2025 ISSUED TO PETITIONER NO.16, NO.KA.VI.VI./HA.VI./VETANA/2024- 25/184,DATED 08.05.2025 ISSUED TO PETITIONER NO.17, NO.KA.VI.VI./HA.VI./VETANA/2024-25/270,DATED 08.05.2025 ISSUED TO PETITIONER NO.18, NO.KA.VI.VI./HA.VI./VETANA/2024- 25/268,DATED 08.05.2025 ISSUED TO PETITIONER NO.19, NO.KA.VI.VI./HA.VI./VETANA/2024-25/262 ,DATED 08.05.2025 ISSUED TO PETITIONER NO.20ARE PRODUCED HEREWITH AND MARKED AS ANNEXURE-A, A1 TO A19, RESPECTIVELY AND ARE LIABLE TO BE QUASHED AS UNCONSTITUTIONAL.B. ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT ORDER OR DIRECTIONS QUASHING THE CIRCULAR BEARING NO.ED 306 UNE 2021, DATED 09.03.2022 ISSUED BY RESPONDENT NO.2, VIDE ANNEXURE-B IN SO FAR AS PETITIONERS ARE CONCERNED.C. ISSUE WP No. 107268 of 2025 HC-KAR WP No. 107269 of 2025 WP No. 107273 of 2025 A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTIONS RESTRAINING THE RESPONDENTS, THEIR OFFICERS OR AGENTS FROM RECOVERING ANY AMOUNT FROM PETITIONERS TOWARDS ALLEGED EXCESS DA PAYMENTD. DIRECT THE RESPONDENTS TO REFUND ANY AMOUNT, IF ALREADY RECOVERED FROM THE PETITIONERS PURSUANT TO THE IMPUGNED ORDERS ALONG WITH INTEREST AT SUCH RATE AS THIS HON BLE COURT DEEMS FITANDE. ANY OTHER AND FURTHER RELIEFS, AS THIS HON BLE COURT DEEMS FIT AND JUST TO SERVE ENDS OF JUSTICE AND ETC., THESE WRIT PETITIONS, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

ORAL ORDER

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

1. The petitioners in all these cases call in question certain recoveries made against the fixation of dearness allowance, which, according to the respondent-University were in excess.

2. The petitioners in all these cases are said to be serving in the University. The re-fixation and recovery are said to have been ordered without issuing any notice to the petitioners. Therefore, the learned counsel for the petitioners contends that the orders have been passed in violation of principles of natural justice. He seeks to place WP No. 107268 of 2025 HC-KAR WP No. 107269 of 2025 WP No. 107273 of 2025 WP No. 107268 of 2025 HC-KAR WP No. 107269 of 2025 WP No. 107273 of 2025 (i) Recovery from the employees belonging to Class III and Class IV service (or Group C and Group D service).

(ii) Recovery from the retired employees, or the employees who are due to retire within one year, of the order of recovery.

(iii) Recovery from the employees, when the excess payment has been made for a period in excess of five years, before the order of recovery is issued.

(iv) Recovery in cases where an employee has wrongfully been required to discharge duties of a higher post, and has been paid accordingly, even though he should have rightfully been required to work against an inferior post.

(v) In any other case, where the court arrives at the conclusion, that recovery if made from the employee, would be iniquitous or harsh or arbitrary to such an extent, as would far outweigh the equitable balance of the employer's right to recover.

1 (2015) 4 SCC 334

(M.NAGAPRASANNA)

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