IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 23^RD DAY OF JUNE, 2021

BEFORE

THE HON'BLE MR. JUSTICE M. NAGAPRASANNA

WRIT PETITION No.42172/2015 (S- RES)

BETWEEN

G. NARENDRA KUMAR

S/O K.GURUMURTHY

AGED ABOUT 52 YEARS

PRESENTLY WORKING AS PROFESSOR

DEPARTMENT OF ELECTRONICS AND

COMMUNICATION ENGINEERING

UNIVERSITY OF VISVESHWARAIAH

COLLEGE OF ENGINEERING

K.R.CIRCLE

BENGALURU – 560 001.

... PETITIONER

(BY SRI VIJAYAKUMAR, ADVOCATE (VIDEO CONFERENCING))

AND

1.

STATE OF KARNATAKA

REPRESENTED BY ITS

PRINCIPAL SECRETARY

HIGHER EDUCATION DEPARTMENT

M.S.BUILDING, BENGALURU – 560 001.

2.

THE REGISTRAR

BANGALORE UNIVERSITY

GNANA BHARATHI CAMPUS

BENGALURU – 560 009.

3.

FINANCE OFFICER

2

BANGALORE UNIVERSITY

GNANA BHARATHI CAMPUS

BENGALURU – 560 009.

... RESPONDENTS

(BY SRI M.SANDESH KUMAR, HCGP FOR R1;

SRI B.PRAMOD, ADVOCATE FOR R2 & R3;

(VIDEO CONFERENCING))

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE

CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS

RELATING TO ISSUE OF THE PROCEEDINGS OF THE 121^ST

MEETING OF THE SYNDICATE HELD ON 17.07.2015 (SUBJECT

NO.19) (ANNEXURE-G) PASSED BY THE R-2 AND CONSEQUENT,

IMPUGNED ORDER DTD:11.08.2015 VIDE ANNEXURE-H PASSED

BY THE R-3 AND AFTER PERUSAL SET ASIDE THE SAME AND ETC.,

THIS WRIT PETITION COMING ON FOR PRELIMINARY

HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE

FOLLOWING:

ORDER

The petitioner in this writ petition calls in question a

resolution of certain proceedings of the 121^st meeting of the

Syndicate held on 17.07.2015 and consequent order dated

11.08.2015, passed by the third respondent directing the

petitioner to give an undertaking to give up interest on the

amount that he was entitled to receive in terms of the

proceedings of this Court in writ petition Nos.32061- 666/2001.

2. Brief facts of the case leading to the filing of the petition

as borne out from the pleadings are as follows:

3

The petitioner was appointed as Lecturer on 20.07.1990,

in the University of Visveshwaraiah College of Engineering

(hereinafter referred to as ‘the University’ for short) and was

promoted as a Lecturer, senior scale on 06.10.1993 and further,

as Assistant professor and was promoted as Professor at the

relevant point of time.

3. On 15.03.2000, the All India Council for Technical

Education (hereinafter referred to as ‘AICTE’ for short)

recommended revision of pay scales and other service conditions

of the teachers working in technical institutions. The first

respondent

-

State

took

a

decision

to

accept

the

recommendations of the AICTE and revised the pay scales of the

teachers of Government and aided institutions including that of

the University by its order dated 16.06.2020. The petitioner

being aggrieved by certain portion of the Government Order

dated 16.06.2000, with regard to the date on which the revision

of pay scales were to be made applicable to him, filed writ

petitions along with others in writ petition Nos.32061-66/2001.

4

The said writ petitions came to be disposed of by an order of this

Court dated 24.02.2005, issuing certain directions, which read

as follows:

“i. The respondent State Government is directed to pay

20% of the arrears of salary in cash consequent upon

the revision of pay to the petitioners, if not already

paid;

ii. The remaining amount of 80% shall be invested in

NSC VIII issue in multiples of Rs.100/- after deducting

the total tax payable by the petitioners;

iii. The petitioners in so far as it relates to the teachers

who come under UGC, and whose amount has been

invested in the Savings Bank Account in the name of

the College, are entitled for payment of interest

accrued on the amount deposited in the savings Bank

Account of the respective Colleges.”

As afore-extracted, the directions of this Court issued to

the State Government was to pay 20%