Karnataka High Court
K Mahesha vs State Of Karnataka on 18 March, 2026
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO. 16581 OF 2025 (S-RES)
BETWEEN:
K. MAHESHA
S/O. K.B. KRISHNAMURTHY,
AGED ABOUT 42 YEARS
WORKING AS LECTURER,
SRI SIDDALINGESHWARA B A INTEGRATED
KANNADA PANDITH COLLEGE,
SRI SIDDAGANGA MUTT,
TUMKUR - 572 104,
AND RESIDING AT KENKERE VILLAGE,
SUGGANAHALLI POST, KUDUR HOBLI,
MAGADI TALUK, RAMANAGARA DISTRICT - 561 101.
...PETITIONER
(BY SRI. M. SUBRAMANYA BHAT M, ADVOCATE)
Digitally signed
by
SHARADAVANI AND:
B
Location: High
Court of
Karnataka 1. STATE OF KARNATAKA
DEPARTMENT OF HIGHER EDUCATION
(UNIVERSITIES-1), M S BUILDINGS,
BANGALORE-01,
BY THE PRINCIPAL SECRETARY.
2. KARNATAKA SANSKRIT UNIVERSITY,
PAMPA MAHAKAVI ROAD,
CHAMARAJAPETE, BANGALORE-18,
REPRESENTED BY THE REGISTRAR.
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3. SECRETARY,
SRI SIDDAGANGA VIDYA SAMSTHE ®
SRI SIDDAGANGA MUTT,
TUMKUR - 572 104.
4. THE PRINCIPAL,
SRI SIDDALINGESHWARA
B A INTEGRATED KANNADA
PANDITH COLLEGE,
SRI SIDDAGANGA MUTT,
TUMKUR - 572 104.
...RESPONDENTS
(BY SMT. SARITHA KULKARNI, AGA FOR R1;
SRI. ABHINAV R, ADVOCATE FOR R2;
SRI. CHANNABSAPPA S.N, ADVOCATE FOR R3;
R4 - SERVED)
THIS WP IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PARYING TO DIRECTING
RESPONDENTS TO TAKE IMMEDIATE STEPS TO RELEASE THE
SALARY OF THE PETITIONER FROM THE MONTH OF AUGUST
2024 AND FURTHER DIRECT THEM TO PAY THE MONTHLY
SALARY AS AND WHEN THE SAME BECOMES DUE TO THE
PETITIONER AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
In this petition, petitioner is before this Court
seeking the following reliefs:
a. Issue Writ of Mandamus or any other appropriate
writ, order or direction directing respondents to
take immediate steps to release the salary of the
petitioner from the month of August 2024 and
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further direct them to pay the monthly salary as
and when the same becomes due to the petitioner;
b. Grant such other appropriate writ, order or direction
as this Hon’ble Court deems fit in the facts and
circumstances of the case including the cost, in the
interest of justice and equity.
2. Heard the learned counsel for the petitioner and
the learned counsel for the respondents and perused the
material on record.
3. Learned counsel for the petitioner submits that
though the petitioner was ready and willing to continue to
work as a English lecturer at the respondent Nos.3 and
4/College which is affiliated to respondent No.2/University,
the respondent Nos.3 and 4 did not permit the petitioner
to work from August 2024 onwards and did not pay the
requisite salary payable to the petitioner from August
2024 onwards and as such, the petitioner is before this
Court by way of the present petition.
4. He further submits that respondent Nos.3 and 4
have been paying salaries to the petitioner and other staff
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pursuant to the grant-in-aid received by them from the
respondent No.1/State. Respondent No.1/State has
already transferred the requisite amount to respondent
No.2/University who has not forwarded the same to
respondent Nos.3 and 4 for the purpose of release in
favour of the Petitioner.
5. Learned counsel for the petitioner has filed a
memo enclosing a copy of the communication dated
05.01.2026 issued by respondent No.2/University to
respondent No.1/State, proposing transfer of petitioner
and others from respondent No.4/College at Tumakuru to
Sri Medha Dakshinamoorthy Samskrita College, Gokarna
and respondent No.1/State may be directed to give effect
to and implement the said proposal immediately so as to
enable the petitioner to work as a lecturer in the said
College at Gokarna within a stipulated time frame.
6. Learned counsel for the petitioner place reliance
on the judgment dated 02.05.2025 rendered by this Court
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in the case of Omprakasha Vs. the State of Karnataka
and Others passed in WP No.205675/2016 (S-RES),
which is extracted as under:
1. The petitioner was appointed in the year 1997 as a
Junior Training Officer (“JTO”, for short) in Respondent
No.5–Institute, which was an Industrial Training
Center. This Industrial Training Institute (“the ITI”, for
short) was admitted to a grant on 28.03.1998 and the
post of the petitioner was also admitted to a salary
grant. In other words, by virtue of respondent No.5
being admitted to the grant, the petitioner became an
employee of an aided institution.
2. It is the case of the petitioner that he was
discharging his duties and was receiving his salaries
regularly till August 2010. But, from August 2010, he
was not being paid his salaries. Since the salaries were
not paid, it is stated that he made a representation to
the Principal of the Institute for release of his salaries
and since no steps were taken, he was constrained to
ultimately approach this Court in Writ Petition No.80868
of 2012 seeking for a direction to the respondents
therein to release his salaries.
3. It is stated that ultimately, this Court on 27.01.2016
disposed of the writ petition, holding that the petitioner
had to invoke the alternative remedy available under
Section 131 of the Karnataka Education Act, 1983 (for
short, ‘the Act’). The petitioner states that, accordingly,
he approached the Government under Section 131 of
the Act and this petition was dismissed on the ground
that the power under Section 133 of the Act was not
available to direct release of salaries.
4. The petitioner therefore states that he was once
again constrained to approach this Court requesting for
direction to be issued to pay salaries from August 2010.
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5. The State Government has entered appearance and
filed its objections. It is admitted in the counter that the
petitioner was indeed appointed as a JTO in the
Draughtsman (Mechanical) [‘DMM’] Trade in respondent
No.5–Institute and it is stated that since there was a
shortage of admissions in the course of DMM Trade, the
petitioner was assigned with some other work (even
according to the petitioner). It is stated that since the
petitioner has not imparted training in the DMM Trade
as there were no admissions from August 2010, there
was no provision under the Grant-in-Aid Code of 1987
to pay him the salary grants. 6. It is sought to be
contended that since the Management had assigned
work pertaining to other trades, it was the responsibility
of the Management for payment of the salary. In short,
the Government states that since there were no
admissions in the DMM Trade, it is not obliged to pay
the petitioner his salary.
7. The Management has also filed its objections. The
Management also admits that the petition was
appointed as a JTO in the DMM Trade, and as per the
Government Order dated 15.11.1997, the post of the
petitioner along with 22 other posts were admitted to
salary grant. 8. It is also admitted that the petitioner
did receive his salary from August 2010 and even
thereafter, he used to come to the College and was
signing the Attendance Register but was not assigned
with any work. The Management states that it paid
the petitioner monthly allowances up to March 2015
on humanitarian grounds and on the directions of the
President, it had terminated petitioner’s services by
an order dated 27.06.2017. 9. It is also stated that
this order of termination has been challenged by the
petitioner by filing an appeal in EAT No.4 of 2017, and
the matter is still pending adjudication. 10. In
paragraph 4 of its counter, it is stated that on
08.11.2010, the Joint Director of Employment and
Training had visited the Institution and had inspected
the functioning of all the trades and he then found
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that the admissions to the DMM trade were not
satisfactory and he orally directed the institute to stop
the payment of salaries to the petitioner with
immediate effort. 11. The Management states that
the Secretary in fact, addressed a letter calling upon
the Joint Director to issue a written direction in this
regard and accordingly, by a written communication
to the Principal dated 14.12.2010, the Joint Director
stated that the payment of salaries to the petitioner
was improper. It is also stated that on 14.11.2011,
the Trust which was running the Institution had
directed the name of the petitioner to be included in
the salary bill. But, a notice was issued by the Joint
Director stating that the admissions to DMM Trade
was less than 50% and in view of the above fact, the
Joint Director had warned that the grant-in-aid salary
of the institution itself would be held up.
12. The Management states that admission to the
DMM Trade had almost stopped though there were
some sporadic admissions. It is therefore the case of
the Management that the salary was stopped since
there were no admissions in the DMM Trade and also
because the Department had stated that the salaries
could not be paid to the petitioner. 13. In the light of
the above facts, the question that would arise for
consideration is as to: ” Whether an employee of an
aided institution whose post is admitted to salary
grant can be denied payment of a salary on the
ground that there were no admissions to the course
to which he had been appointed.”
14. The Karnataka Education Act, 1983 was enacted
and brought into force in the year 19951 with the
objective –
1. Short title, extent, application and
commencement.-
(1) This Act may be called the Karnataka Education
Act, 1983.
(2) It extends to the whole of the State of Karnataka.
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(3) It applies to all educational institutions and
tutorial institutions in the State except,- (i)
institutions for scientific or technical education
financed by the Central Government, and declared by
Parliament by law to be institutions of national
importance; (ii) institutions of higher education which
shall be deemed to be University as declared by the
Central Government by a notification, under section 3
of the University Grants Commission Act, 1956
(Central Act III of 1956); (iii) institutions established
or maintained and administered by or affiliated to or
recognised by the University of Agricultural Sciences
in so far as the matter pertaining to them are dealt
within the University of Agricultural Sciences Act,
1963 (Karnataka Act 22 of 1963); (iiia) Educational
Institutions affiliated to or recognised by the Council
of Indian School Certificate Examination or Central
Board of Secondary Education respectively but
subject to the conditions that the provisions of
Section 5-A, 48, 112-A, and 124-A of this Act shall
continue to apply to these institutions; (iv) in so far
as the matters pertaining to colleges and institutions
are dealt within,- x x x (v) Such other class or classes
of institutions, subject to (iv) in so far as the matters
pertaining to colleges and institutions are dealt
within,- x x x (v) Such other class or classes of
institutions, subject to such conditions and to such
extent as the State Government may, by notification,
specify: Provided that nothing in Chapter III, section
35 of Chapter V, Chapter VII and Chapters IX to XV
(both inclusive) except sections 57 and 58 of Chapter
shall be applicable to commerce institutions of
providing for planned development of educational
institutions in the State of Karnataka. This Act
brought within its purview all educational institutions
and tutorials and the institutions except for those
specified under Section 1(3). The institutions covered
under Section 1(3) for whom the Act is made
applicable are institutions which are financed by the
Central Government and declared by the Parliament
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by law to be the institutions of national importance;
the institutions which are deemed to be Universities
as declared by the Central Government; the
institutions established or maintained and
administered by or affiliated to or recognized by the
University of Agricultural Sciences; the educational
institutions affiliated to or recognized by the Council
of Indian School Certificate Examination (ICSE) or
Central Board of Secondary Education (CBSE)
respectively; and in relation to colleges which are
coming within the
(4) It shall come into force on such 1[date]1 as the
State Government may, by notification, appoint and
different dates may be appointed for different
provisions of the Act.[Act came into force on 1-6-
1995 by notification.] purview of certain Acts
mentioned in Section 1(3)(iv) of the Act. 15. Section
1(3)(v) of the Act also stipulates that such other class
or classes of institutions which may by notification be
specified by the State Government to which this Act
would be inapplicable. 16. Admittedly, there is no
notification issued by the State Government
specifying the industrial training institutes to be
brought outside the purview of the Act. 17. Section
2(14)2 defines educational institution and it states
that it would include any institution imparting
education referred to in Section 3 and would include a
private educational institution. 22. Definitions.- In this
Act, unless the context otherwise requires,- (14)
“educational institution” means any institution
imparting education referred to in section 3 and
includes a private educational institution but does not
include an institution under the direct management of
the University or of the Central Government or a
tutorial institution; 18. Section 33 of the Act states
that the State Government may, subject to Section
1(3) of the Act regulate the general education,
professional education, medical education, technical
education and towards that end, it could establish and
maintain educational institutions and also recognize
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such educational institutions. 19. The technical
education has been defined under section 2(37)4 of
the Act to mean any course of study in engineering,
technology, architecture, ceramics, the
3. Regulation of education.- (1) The State
Government may, subject to sub-section (3) of
section 1, regulate general education, professional
education, medical education, technical education,
commerce education and special education at all
levels in accordance with the provisions of this Act. 2)
The State Government may towards that end,- (a)
establish and maintain educational institutions; (b)
permit any local authority or a private body of
persons to establish educational institutions and
maintain them according to such specifications as
may be prescribed; (c) require registration of
educational institutions including tutorial institutions;
(d) recognise educational institutions; (e) grant aid to
any recognised educational institutions in furtherance
of the objects of this Act; x x x (k) take from time to
time such other steps as they may consider necessary
or expedient. 4 (37) “technical education” means any
course of study in Engineering, Technology,
Architecture, Ceramics, Industrial Training, Mining, or
in any other subject, as the State Government may,
by notification, specify; intellectual, industrial
training, etc. Therefore, any institution imparting
industrial training which is recognized by the State
Government would come within the purview of the
Karnataka Education Act. 20. It is not in dispute that
respondent No.5–Institute is a recognized
educational institution which is imparting industrial
training and would therefore come within the purview
of the Education Act. 21. Chapter IX of the Act deals
with Grant-In-Aid and Section 495 of the Act states
that the State Government should within the limits of
its economic capacity, set apart a sum annually for
being given as grant-in-aid to local authority
institutions and to private institutions in the State
recognized for that purpose. Therefore, there is an
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obligation in the State to set apart a sum of money
subject to its financial 5 49. Government to set apart
sum for giving grant-in-aid to certain recognised
institution.-
(1) The State Government shall within the limits of its
economic capacity, set apart a sum of money
annually for being given as grant-in-aid (hereinafter
in this Act referred to as grant) to local authority
institutions and private institutions in the State
recognised for this purpose in accordance with rules
made in this behalf. limitations to provide for grants
to not only local authority institutions but also to
private institutions. 22. Section 506 of the Act
stipulates the authorities which could sanction such a
grant; and Section 52 deals with the manner in which
an application for sanction of grant is to be made and
the conditions which could be imposed for giving the
said grant. 23. Section 53 of the Act empowers the
State Government to withhold or reduce the grant
that is payable to an institution. It states that the
Government could withhold, reduce or withdraw any
grant during the year having regard to the funds at its
disposal or the
50. Authorities which may sanction grant.-
(1) The State Government may in such cases as they
think fit, by order, sanction grant to any recognised
local authority educational institution or private
educational institution subject to such conditions as
they may impose in the order relating to such grant.
(2) Every grant sanctioned under sub-section (1) shall
be disbursed by the Commissioner of Public
Instruction or the Director or such other officer
subordinate to the Commissioner or the Director as
the State Government may, by general or special
order, authorise in this behalf in such manner and
subject to such conditions as may be prescribed. (3)
The Governing Council of every recognised institution
which is receiving any grant out of State funds shall
be responsible for the fulfilment of all the conditions
subject to which such grant has been given., conduct
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and efficiency and the financial condition of the
institution. However, this would have to be done after
an inquiry and after giving an opportunity to the
Governing Council for making the presentation
against such withholding, reduction or withdrawal.
24. Section 53(2) of the Act provides for the manner
in which the said power could be exercised and the
conditions under which it could be exercised.
25. Admittedly, in this case the Government has not
conducted any enquiry and passed any order
proposing to withdraw or reduce the grant. It is not
the case of the Government also that any of the
conditions narrated in Section 53(2) of the Act is
attracted to enable it to withhold the grant.
26. In other words, the obligation of the State to pay
the grant to the institution continues and there is no
statutory power exercised by the State Government
to withhold this grant has also been exercised.
27. As already narrated above, it is the case of both
the State and the Institution that the salary to the
petitioner was stopped fundamentally because there
were no admissions to the course to which the
petitioner was appointed as a JTO i.e., in the DMM
Trade.
28. If an employee who has been appointed to a
particular course is rendered without any work
because that educational institution is unable to
attract admissions, the obligation of the State
Government to continue to pay the salary would not
cease. The State Government, while admitting a post
to a salary grant, does so consciously and is aware of
its obligation to pay the salary to the employee whose
post is admitted to a salary grant.
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29. The question of retrenchment is provided for
under Section 98 of the Act. Section 98 reads as
follows:
“98. Retrenchment of employees.- (1) Where
retrenchment of any employee is rendered necessary
by the Governing Council or competent authority
consequent on any change relating to education or
course of instruction or due to any other reason, such
retrenchment may be effected with the prior approval
of the competent authority or the next higher
authority, as the case may be. (2) Where any
retrenchment of the member of the teaching staff in
any aided Educational Institutions is effected, the
State Government or the competent authority shall,
subject to prescribed rules or orders governing the
reservation in posts to Scheduled Castes and
Scheduled Tribes and other Backward Classes,
appoint such person to a similar post where available
in any other aided educational institution. (3) If the
management of an institution wants a transfer of an
employee to some other institution, where there is a
vacancy or if any employee of an institution, wants a
transfer or if two employees apply for mutual
transfer, the State Government may grant the
request of the institution or of the employee as the
case may be.”
30. As could be seen from the above provision,
Section 98(1) of the Act enables the Governing
Council or the competent authority to retrench an
employee provided prior approval of the competent
authority is obtained.
31. It is very important to notice here that the
retrenchment should have become necessary because
of any change relating to education or course of
instruction or due to other reasons.
In other words, in normal circumstances, if an
educational institution including a private educational
institution intends to retrench an employee can only
be under the reasons mentioned in Section 98 and
even in such an event, prior approval of the
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Government or the competent Authority i.e., the
Department would be necessary.
32. Subsection (2) of Section 98 specifically deals
with a situation relating to retrenchment of the
member of the teaching staff in any aided Educational
Institutions.
33. As compared to Subsection (1) of Section 98,
Subsection (2) makes it clear that in respect of
retrenchment of any member of the teaching staff in
any aided institution is to be effected, the State
Government is required to appoint such person to a
similar post where available in any other aided
educational institution. This is, of course, subject to
the prescribed Rules governing the reservation of post
to Scheduled Castes and Scheduled Tribes and other
academic classes.
34. Subsection (2) of Section 98, therefore, makes it
categorically clear that in respect of the teaching staff
of an aided educational institution, if an employee is
to be retrenched, he would have to necessarily be
appointed to a similar post where available in any
other aided institution.
35. The reasoning or the logic behind this objective is
rather clear. If an employee is appointed to a post
which is admitted to a salary grant, that employee
has the statutory assurance that his salary will be
paid throughout his tenure as compared to an
employee who is appointed to a private institution
without having any aid. Institution. This is also
because the obligation of the State to pay the salary
would continue even if there is no work to a teaching
staff in any other institution.
36. In case of an employee appointed to a private
education institution without an aid, it is fundamentally
a contract of service, and the terms of service will be
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governed by such contract. However, by virtue of sub-
section (2) of Section 98, the statute creates a right in
an employee of an aided institution to be given an
appointment in any other aided institution. The statute
has taken note of the fact that the Government aids
several institutions and therefore, whenever
retrenchment becomes necessary in one institution, that
retrenched employee is required to be accommodated in
another aided institution. This is also because the
obligation of the State to pay the salary would continue
even if there is no work to a teaching staff in any other
institution.
37. In order to avoid paying a teaching staff even
without extracting any work, the provision provides
for appointing that very person to any other
institution. This is obviously to ensure that the public
money is not put to waste and salaries are not paid
by teaching staff even though they are not teaching.
38. Subsection (2) of Section 98 would clearly
indicate that there is an obligation on the State to pay
the teacher of an aided institution his salary
throughout his/her career.
39. The Government cannot refuse to pay salary
merely because the institution that it had aided is
either being closed or the course that was being
offered by the institution is no longer viable.
40. The statute by creating a statutory obligation on
the State to provide a teaching staff of an aided
institution, an appointment in any other aided
institution, basically guarantees an employee of an
aided institution safety of tenure and a guarantee in
terms of his service.
41. An argument is also sought to be advanced by the
Additional Advocate General (‘AAG’) that as per
Clause 7(6) of the Code, which reads as follows, the
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grant-in-aid cannot be granted if the enrolment is less
than 50% of the permitted intake:
“Chapter-VII 7. COURSES, ADMISSIONS AND
RESERVATIONS IN INSTITUTIONS:
1. x x x
6. In all cases where the enrollment is less than 50%
of the permitted intake, prior approval of the Director
shall be necessary to commence the concerned trade
or unit.”
42. In my view, this argument cannot be accepted.
Clause 7 of the Grant-In-Aid Code deals with the
situation where grant-in-aid is yet to be granted. In
other words, in respect of a running institution, in
order to secure grant, Clause 7(6) would come into
operation and approval can be granted only if the
permitted intake is more than 50%. If, however, an
approval has already been granted, the question of
invoking Clause 7(6) will not arise.
43. To put it differently, at the time of granting aid,
i.e., in 1997, the Institute did have more than 50%
intake and that was the reason why the State
Government had accorded grant-in-aid. A clause for
prior approval for granting aid cannot be used to
withdraw an aid already granted.
44. Chapter IX of the Grant-In-Aid Code provides for
withdrawal, reduction or cancellation of the grant and
the same reads as follows: “Chapter – XI 11.
Withdrawal, Reduction or Cancellation of Grant :
1) In case of gross mismanagement, deteriorations
of standards of efficiency and discipliner or breach of
instructions or orders issued by the Directorate or
infringement of provisions of conditions, rules and
procedures laid down in this code, which in the
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opinion of the Director is of a serious nature, the
grant may be reduced or withdrawn by the Director
after giving such an institution an opportunity of
being heard.
2) The Director, after conducting such enquiry as he
deems fit and after giving an opportunity of being
heard in the matter, is satisfied that any institution or
management is charging fees at rates higher than
those prescribed by the Government, the grant-in-aid
shall be cancelled. 3) Any change in management by
way of transfer or otherwise or change in the name of
an institution without the prior permission of the
Director, the grant-in-aid sanctioned shall be deemed
to have been withdrawn from the date of such change
or transfer. 4) Any grant-in-aid institution or a part of
it is shifted without prior permission of the director,
the grant-in-aid shall be deemed to have been
withdrawn from time to time of such shift.”
45. As we have seen from the above, there is no
provision to withhold, reduce or cancel the grant if
there is a reduction in the intake after the grant has
been given to the institution. In other words, if an
institution has been given a salary grant, a
subsequent reduction in the admissions would not
entitle the Government to reduce the grant
proportionately.
46. As already stated above even the substantive
provision regarding withdrawal or reduction of the
grant does not enable the State Government to
reduce the grant merely because there is a reduction
in the admissions.
47. As noticed above, even if the retrenchment
becomes necessary in an aided institution, the State
is under an obligation to appoint that teacher of the
aided institution to another institution.
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48. In that view of the matter, the argument of the
learned AAG cannot be accepted.
49. It is therefore clear that merely because there is
no admission in respondent No.5–Institute, the State
cannot escape its liability to pay the salary to the
petitioner. The petitioner will therefore be entitled for
being paid salary from the date it was withheld till the
date the petitioner was terminated i.e., from August
2010 till 27.06.2017.
50. Since the service of the petitioner has been
terminated, the relief that the petitioner had confined
only for the period during which he was in service.
51. The state has filed a Memo dated 04.12.2024,
wherein it has stated that the petitioner was to be
paid a total sum of Rs.23,33,998/- from August 2010
till May 2017. The Memo also indicates that
Rs.6,11,000/- had been paid by respondent No.5–
Institute as a consolidated salary during this period.
Thereby meaning that the petitioner would be entitled
to a sum of Rs.23,33,998/- minus Rs.6,11,000/- i.e.,
Rs.17,22,998/-.
52. The petitioner has however filed a Memo stating
that he is entitled to be paid a sum of Rs.26,78,139/-.
53. In my view, since the State Department has
admitted that the petitioner was due in a sum of
Rs.17,22,998/-, the State Government is required to
pay this amount to the petitioner within a period of
two months from the date of receipt of a copy of this
order.
54. In respect of the difference, it would be open to
the petitioner to establish before the Education
Appellate Tribunal where his appeal regarding his
termination is pending consideration and make the
claim for the differential amount.
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55. In the result, the writ petition is accordingly
allowed.
56. The State Government is directed to pay the
petitioner a sum of Rs.17,22,998/- being the arrears
of salary within a period of two months from the date
of receipt of a copy of this order. 57. Nothing said in
this order shall however be construed as rendering an
opinion on the merits of the claim of the petitioner
relating to his termination which is said to be pending
in EAT No.4 of 2017, and the same will be considered
on its own merits.
58. In view of the disposal of the writ petition, all
pending interlocutory applications, if any shall stand
disposed of.”
7. Learned counsel for respondent No.
2/University submits that it would verify the amounts
paid/released by respondent No.1/State and forward the
requisite amount after verification to respondent Nos.3
and 4 in accordance with law within a stipulated time
frame as expeditiously as possible.
8. In view of the aforesaid facts and
circumstances, the submissions made by both parties and
the memo filed by the petitioner, I deem it just and
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appropriate to dispose of this petition by issuing certain
directions. Hence, I proceed to pass the following:
ORDER
a. The Writ Petition stands disposed of.
b. Respondent No.1/State is directed to consider and
take appropriate decision/pass appropriate orders to
implement the proposal dated 05.01.26 submitted by
the respondent no. 2 University insofar as it relates
to transferring the petitioner (serial number 4) from
The respondent no. 3 and respondent no. 4
institutions to Sri Meda Dakshinamoorthy Samskata
College, Gokarna within a period of 4 weeks from the
date of receipt of a copy of this order.
c. Respondent No.2/University shall verify the amounts
released/paid by the respondent No.1/State and also
ascertain the salary payable to the petitioner from
August 2024 onwards and take necessary steps to
forward the said amount and proceed further in
accordance with law within a period of four weeks
from the date of receipt of a copy of this order.
d. Immediately upon respondent Nos.3 and 4 receiving
such payment, if any, towards salary payable to the
petitioner from 24.08.2024 onwards, the respondent
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Nos.3 and 4 shall make payment within a period of
four weeks thereafter.
Sd/-
(S.R.KRISHNA KUMAR)
JUDGESSD
List No.: 1 Sl No.: 45
