Karnataka High Court
Sri. Eranna vs The Director on 11 March, 2022
Bench: R Devdas
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF MARCH, 2022
BEFORE
THE HON' BLE MR.JUSTICE R DEVDAS
WRIT PETITION NO.25889 OF 2019 (S-RES)
C/W
WRIT PETITION NO.31613 OF 2019 (S-RES)
IN W.P. NO. 25889 OF 2019
BETWEEN
1. DR BHEEMSHA
S/O LATE ANNEPPA
AGED ABOUT 52 YEARS
PROFESSOR
DEPARTMENT OF MECHANICAL ENGINEERING
BMS COLLEGE OF ENGG
BULL TEMPLE ROAD,
BENGALURU - 560019
NO 70/2 SHREYA SADAN
BANNERGHATTA ROAD,
HULIMAVU
BENGALURU - 560076
2. DR RUDRA NAIK
S/O LATE KRISHNA NAIK
AGED ABOUT 48 YEARS
PROFESSOR
DEPARTMENT OF MECHANICAL ENGINEERING
BMS COLLEGE OF ENGG
BULL TEMPLE ROAD,
BENGALURU - 560019
NO 17, SUCHI REFLEX LAYOUT
OPPOSITE: JSSATE
2
UTTARAHALLI -KENGERI MAIN ROAD,
SRINIVASAPURA
BENGALURU 560060
3. DR B RAMESH NAYAK
S/O B K NAYAK
AGED ABOUT 47 YEARS
ASSOCIATE PROFESSOR
DEPARTMENT OF IEM
BMS COLLEGE OF ENGG
BULL TEMPLE ROAD,
BENGALURU - 560019
# 60/4, 3RD MAIN, 4TH CROSS,
G3, ANJANADRI ROYAL NEST
KSRTC LAYOUT, BENGALURU - 560061
4. DR G POORNIMA
W/O C LAKSHMINARAYANA
AGED ABOUT 46 YEARS
ASSOCIATE PROFESSOR
DEPARTMENT OF E & C
BMS COLLEGE OF ENGINEERING
BULL TEMPLE ROAD,
BENGALURU - 560019
# 1235 /50, 11TH CROSS,
BSK 1ST STAGE , 2ND BLOCK,
ASHOKNAGAR
BENGALURU - 560050 ... PETITIONERS
(BY SRI. RAMANANDA A.D, ADVOCATE)
AND
1. THE STATE OF KARNATAKA
R/BY ITS PRINCIPAL SECRETARY
HIGHER EDUCATION
GOVERNMENT OF KARNATAKA
2. THE DIRECTOR OF TECHNICAL EDUCATION
PALACE ROAD,
BENGALURU - 560001
3
3. THE CHAIRMAN
AICTE, GOVERNMENT OF INDIA
NEW DELHI - 110070
4. THE PRINCIPAL
BMS COLLEGE OF ENGINEERING
BULL TEMPLE ROAD,
BENGALURU - 560019 ...RESPONDENTS
(BY SMT. M.C.NAGASHREE, AGA, FOR R1 & R2)
(MA NOT FILED)
SRI. SHOWRI H.R., CGC FOR R3; (MA NOT FILED)
MS. ANNA FEBRONIA RAYMOND FOR
SRI. BADRI VISHAL, ADVOCATE FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH IMPUGNED ORDER OF NOTICE ISSUED BY THE R-4
DATED 26.04.2019 VIDE BMS 12 EST(A) 2019(1)
ORDERING TO RECOVER RS.12.35,112/- FROM THE 1ST
PETITIONER IN 20 EQUAL INSTALMENT VIDE ANNEXURE-
A; AND ETC.,
IN W. P. NO.31613 OF 2019
BETWEEN
SRI. ERANNA
S/O. SRI. JUNJANNA,
AGED ABOUT 55 YEARS,
R/O. NO. 43, 15TH CROSS,
MALAGALA, NAGARABHAVI 2ND STAGE,
BANGALORE-560 091 ... PETITIONER
(BY SMT. VAISHALI HEGDE, ADVOCATE)
4
AND
1. THE DIRECTOR
DEPARTMENT OF TECHNICAL EDUCATION
PALACE ROAD
BANGALORE-560 001.
2. DR. AMBEDKAR INSTITUTE OF TECHNOLOGY
NEAR JNANA BHARATHI CAMPUS
BANGALORE-560 056
REP. BY ITS PRINCIPAL ...RESPONDENTS
(BY SMT. M.C.NAGASHREE, AGA, FOR R1)
(MA NOT FILED)
SRI. SHEKARAPPA, ADVOCATE FOR
SRI. HARISH H.V, ADVOCATE FOR R2;
(MA NOT FILED)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE NOTICE ISSUED BY THE R-2 DTD.12.07.2019
VIDE ANNX-A, ISSUED BY THE R-2 DIRECTING THE
RECOVERY BY WAY OF ARREARS FROM THE MONTHLY
SALARY OF THE PETITIONER, FURTHERMORE STOPPAGE
OF THE PETITIONER'S INCREMENT TILL HE ACQUIRES HIS
Ph.d. DECREE AND REFIXATION OF SALARY.
AND ETC.,
THESE WRIT PETITIONS COMING ON FOR ORDERS,
THIS DAY, THE COURT MADE THE FOLLOWING:
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ORDER
R.DEVDAS J., (ORAL):
The petitioners in both these writ petitions have
approached this Court being aggrieved of the action
sought to be initiated against them by the respondent-
State Government to recover the financial benefits
granted to the petitioners while they sought
permission to complete Doctoral degrees (Ph.D),
while the petitioners in W.P.No.25889/2019 were
working with BMS College of Engineering and the
petitioner in the connected Writ Petition
No.31613/2019 was working at Dr. Ambedkar
Institute of Technology, Bangalore.
2. Learned counsel for the petitioners submits
that issue stands covered by several decisions of this
Court including the decision of the Division Bench in
the case of Prof. Dr.G.C.Raju and another in
W.A.No.4568/2016, dated 24.06.2021.
3. As could be seen from the judgment dated
24.06.2021, in the case of Prof. Dr.G.C.Raju (supra),
similar action was initiated at the hands of the State
Government to recover the financial benefits granted
to the petitioner on the ground that they have
exceeded the time limit prescribed for acquiring Ph.D
degree. It was noticed in the said decision that the
petitioners therein were required to obtain a Ph.D
within a period of three years and however the
petitioners had over shot the said period and
consequently action was sought to be initiated to
recover the financial benefits. The Hon'ble Division
Bench noticed a decision of another Division bench in
W.A.No.1754/2014, wherein it was held that when the
petitioner had pursued his Ph.D course in the said
institution for three years and obtained Ph.D degree a
little later, there could be no reason for the authority
to ask the petitioner to refund the salary and other
benefits paid during the period of deputation. The
Hon'ble Division Bench therefore proceeded to hold
that having regard to the right to equality enshrined
in Article 14 of the Constitution of India, when benefit
is given to similarly placed persons, the petitioners
therein were also entitled for the same. It was also
held that on a request made by the petitioners
therein, the State Government withdrew the orders
passed for recovery.
4. The learned counsels in the present cases
submit that there is one more added ground that
would be in favour of the petitioners herein namely
that the petitioners had not taken leave while
pursuing the Ph.D course. The Ph.D's were obtained
by the petitioners while they were working and
pursued their courses in the evening colleges.
5. Nevertheless, there cannot be any denial of
the principles of parity as noticed by the Hon'ble
Division Bench. Therefore, writ petitions are allowed
and the impugned orders stand quashed in the light of
the decision of the Hon'ble Division Bench.
Ordered accordingly.
6. Consequent to the disposal of the main
petition, all pending interlocutory applications stand
disposed of as they do not survive for consideration.
Sd/-
JUDGE
KLY
