Karnataka High Court
WA/1336/2024 of THE VICE CHANCELLOR Vs SRI V SHANKAR on 24 April 2026
NC: 2026:KHC:22472-DB WA No. 1336 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT APPEAL NO. 1336 OF 2024 (S-REG) BETWEEN: 1. THE VICE CHANCELLOR KELADI SHIVAPPA
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF APRIL, 2026
PRESENT
THE HON'BLE MR. JUSTICE D K SINGH
AND
THE HON'BLE MR. JUSTICE T.M.NADAF
WRIT APPEAL NO. 1336 OF 2024 (S-REG)
BETWEEN:
1.
THE VICE CHANCELLOR
KELADI SHIVAPPA NAYAKA UNIVERSITY OF
AGRICULTURAL AND HORTICULTURAL SCIENCE
SAVALAGANGA ROAD,
SHIVAMOGGA-577 204.
PRESENTLY THE OFFICE AT IRUVAKKI,
SAGARA TALUK,
SHIVAMOGGA DISTRICT - 577204.
2.
THE REGISTRAR
KELADI SHIVAPPA NAYAKA UNIVERSITY OF
AGRICULTURAL AND HORTICULTURAL SCIENCE
SAVALAGANGA ROAD,
SHIVAMOGGA-577 204.
PRESENTLY THE OFFICE AT IRUVAKI,
SAGAR TALUK,
SHIVMOGGA DISTRICT - 577204.
3.
THE ADMINISTRATIVE OFFICER
KELADI SHIVAPPA NAYAKA UNIVERSITY OF
AGRICULTURAL AND HORTICULTURAL SCIENCE
SAVALAGANGA ROAD,
SHIVAMOGGA-577 204.
PRESENTLY THE OFFICE AT IRUVAKI,
SAGARA TALUK,
SHIVMOGGA DISTRICT - 577204.
…APPELLANTS
(BY SRI. THYAGARAJA S., ADVOCATE)
Digitally
signed by
VASANTHA
KUMARY B
K
Location:
HIGH
COURT OF
KARNATAKA
HC-KAR
AND:
1.
SRI V SHANKAR
S/O VENKATAPPA
AGED 53 YEARS,
WORKING AS TRACTOR DRIVER
DAILY RATED D GROUP EMPLOYEE ZONAL
AGRICULTURAL AND HORTICULTURAL
RESEARCH STATION
NAVILE POST BOX NO.126
SHIVAMOGGA-577 204.
2.
SMT.CHANDRAMMA
W/O SHANKARA V
AGED 53 YEARS,
WORKING AS FARM LABOUR,
DAILY RATED D GROUP EMPLOYEE ZONAL
AGRICULTURAL AND HORTICULTURAL RESEARCH
STATION NAVILE POST BOX NO.126
SHIVAMOGGA-577 204.
3.
SRI.KUMARA
S/O SHANKARAPPA
AGED 47 YEARS,
WORKING AS FARM LABOUR
DAILY RATED D GROUP EMPLOYEE
ZONAL AGRICULTURAL AND HORTICULTURAL
RESEARCH STATION NAVILE POST
BOX NO.126, SHIVAMOGGA-577 204.
4.
SMT.RENUKA
W/O HANUMANTHAPPA
AGED 48 YEARS,
WORKING AS FARM LABOUR
DAILY RATED D GROUP EMPLOYEE ZONAL
AGRICULTURAL AND HORTICULTURAL RESEARCH
STATION NAVILE POST BOX NO.126
SHIVAMOGGA-577 204.
5.
SMT.RADHAMMA
HC-KAR
S/O GANESHAPPA
AGED 52 YEARS,
WORKING AS FARM LABOUR
DAILY RATED D GROUP EMPLOYEE ZONAL
AGRICULTURAL AND HORTICULTURAL
RESEARCH STATION,
NAVILE POST BOX NO.126
SHIVAMOGGA-577 204.
6.
SMT.NEELAMMA
W/O GOPALA
AGED ABOUT 57 YEARS,
WORKING AS FARM LABOUR
DAILY RATED D GROUP EMPLOYEE AT
KELADI SHIVAPPA NAYAKA UNIVERSITY AND
HORTICULTURAL SCIENCES
ZONAL AGRICULTURAL AND HORTICULTURAL
RESEARCH STATION
NAVILE POST,
SHIVAMOGGA DISTRICT-577 225.
7.
SRI TIPPU
S/O BASAPPA
AGED 54 YEARS,
WORKING AS FARM LABOUR
DAILY RATED D GROUP EMPLOYEE
AT KELADI SHIVAPPA NAYAKA UNIVERSITY AND
HORTICULTURAL SCIENCES
ZONAL AGRICULTURAL AND HORTICULTURAL
RESEARCH STATION
NAVILE POST,
SHIVAMOGGA DISTRICT-577 225.
8.
SMT.PARVATHI A
W/O YOGENDRAPPA
AGED 55 YEARS,
WORKING AS FARM LABOUR
DAILY RATED D GROUP EMPLOYEE AT
KELADI SHIVAPPA NAYAKA UNIVERSITY AND
HORTICULTURAL SCIENCES
ZONAL AGRICULTURAL AND HORTICULTURAL
HC-KAR
RESEARCH STATION
NAVILE POST BOX NO.126
SHIVAMOGGA DISTRICT-577 204
9.
SRI.BHOJA NAIK
S/OCHANDRA NAIK
AGED 53 YEARS,
WORKING AS FARM LABOUR
DAILY RATED D GROUP EMPLOYEE
ZONAL AGRICULTURAL AND HORTICULTURAL
RESEARCH STATION
NAVILE POST
BOX NO.126
SHIVAMOGGA DISTRICT-577 204
10.
SMT.LAXMI
W/O BHOJANAIK
AGED ABOUT 53 YEARS,
WORKING AS FARM LABOUR
DAILY RATED D GROUP EMPLOYEE ZONAL
AGRICULTURAL AND HORTICULTURAL RESEARCH
STATION NAVILE POST
BOX NO.126 SHIVAMOGGA-577 204.
11.
THE STATE OF KARNATAKA
REPRESENTED BY ITS
PRINCIPAL SECRETARY
AGRICULTURE DEPARTMENT
VIKASA SOUDHA
BENGALURU-560 001.
…RESPONDENTS
(BY SRI. MOHAMMAD JAFFAR SHAH, AGA FOR R11)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH
COURT
ACT
PRAYING
TO
CALL
FOR
RECORDS
PERTAINING TO WP No.12773/2022 ON THE FILE OF SINGLE
JUDGE, PERUSE THE SAME AND SET ASIDE THE ORDER DATED
12.09.2022 PASSED BY THE LEARNED SINGLE JUDGE, IN WP
No.12773/2022 AND CONSEQUENTLY DISMISS THE WRIT
PETITION OF THE PETITIONER WITH COSTS AND GRANT SUCH
HC-KAR
OTHER ORDER, RELIEF AS DEEMED FIT IN THE FACTS AND
CIRCUMSTANCES OF THIS WRIT APPEAL.
THIS APPEAL, COMING ON FOR PERTAINING HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE D K SINGH
and
HON'BLE MR. JUSTICE T.M.NADAF
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ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE D K SINGH)
The present intra Court appeal has been filed impugning the judgment and order dated 12.09.2022 passed by the learned Single Judge in W.P.No.12773/2022 filed by the respondents-employees seeking regularization of their salaries in the appellant-University.
2. The impugned judgment and order reads as under: "The petitioners have sought for issuance of writ of mandamus to direct the respondents to regularize services of the petitioners and consequently, extend all service and monetary benefits flowing thereof in light of regularization of services of similarly situated employees as per the orders at Annexures- U and X.
2. Upon notice, learned counsel appearing for respondents No.2 to 4 submits that the representation at Annexures-J, N and S would be considered keeping in mind the orders passed
HC-KAR
as regards similarly situated employees as asserted by the petitioner vide order at Annexures-U and X dated 25.09.2021 and 21.04.2022 respectively. Such representation to be disposed of within a period not later than three months from the date of furnishing of certified copy of the order.
3. Petitioners are at liberty to make out a fresh representation within ten days from today setting out all details and furnishing the documents so as to enable the respondents to dispose of the representation appropriately.
4. Accordingly, petition is disposed off with the above observation."
3. Learned counsel for the appellant-University himself had submitted before the writ Court that the University would consider the case of the respondents-employees keeping in mind the orders passed as regards similarly situated employees, which were brought on record as Annexure-U and X dated 25.09.2021 and 21.04.2022 respectively.
4. We fail to understand why the University has filed this appeal impugning the said judgment and order passed by the learned Single Judge, when the writ petition was disposed of based on the submission advanced by the University itself.
HC-KAR
5. We are of the considered view that the appeal proceedings are nothing but a gross abuse of the process of the Court. Therefore, the writ appeal is dismissed with costs of Rs.25,000/- payable to the Karnataka Advocates Clerks Benevolent Trust.
6. The costs shall be paid within a period of four weeks failing which, the District Magistrate is directed to initiate the proceedings under the Karnataka Land Revenue Act to recover the said amount.
Sd/- (D K SINGH) JUDGE
Sd/- (T.M.NADAF) JUDGE
RKA List No.: 1 Sl No.: 1