Mr.Srinivasulu.G.B vs State Of Karnataka
2022 Latest Caselaw 4678 Kant

           IN THE HIGH COURT OF KARNATAKA
                   DHARWAD BENCH

      DATED THIS THE 14TH DAY OF MARCH 2022

                        BEFORE

     THE HON'BLE MR.JUSTICE N.S.SANJAY GOWDA

       WRIT PETITION NO.107469/2019 (S-RES)

BETWEEN:

1.   MR.SRINIVASULU.G.B
     S/O BASANNA G. P.,
     AGED ABOUT 38 YEARS,
     WORKING AS ASST. PROFESSOR OF FLA,
     COH KOPPAL.

2.   MR. VENKATESH HOSMANI,
     S/O. DURUGAPPA HOSMANI,
     AGED ABOUT 37 YEARS,
     WORKING AS ASST.PROFESSOR OF
     ENTOMOLOGY, COH BAGALKOT.
     PRESENTLY ON DEPUTATION FOR ONE YEAR
     DEPT OF ENTOMOLOGY, COLLEGE OF HORTICULTURE,
     BAGALKOT.

3.   MR. LINGMURTHY S/O RANGAPPA,
     AGED ABOUT 42 YEARS,
     WORKING AS ASST.PROFESSOR OF
     VEGETABLE SCIENCE, COH KOPPAL.

4.   MRS. SHOBHA HUGAR,
     W/O CHANNAMALLAPPA H.,
     AGED ABOUT 31 YEARS,
     WORKING AS ASST.PROFESSOR OF
     AGRIL. ENGINEERING, COH, KOPPAL.

5.   MRS. RAJESHWARI NIDGUNDI,
     W/O FAKIRAPPA NIDGUNDI,
                            :2:



      AGED ABOUT 38 YEARS,
      WORKING AS ASST.PROFESSOR OF
      PMA, COH, KOPPAL.

6.    MR. VIJAYAKUMAR B.,
      S/O. BHAGANNA NARAYANPUR,
      AGED ABOUT 41 YEARS,
      WORKING AS ASST.PROFESSOR OF
      HORTICULTURE, COH SIRSI.

7.    MR. CHANDAN K. S/O. KALEGOWDA,
      AGED ABOUT 37 YEARS,
      WORKING AS ASST.PROFESSOR OF
      POST HORVEST TECHNOLOGY, COH SIRSI.

8.    MR. PRASHANTHA A. S/O ANJAPPA,
      AGED ABOUT 37 YEARS,
      WORKING AS ASST.PROFESSOR OF PLANT
      PATHOLOGY, HRES, SIRSI,
      PRESENTLY ON DEPUTATION FOR ONE YEAR
      DEPT OF PLANT PATHOLOGY, COLLEGE
      OF AGRICULTURE, DHARWAD.

9.    DR. SHIVAKUMAR K. S/O MAHADEVAIH,
      AGED ABOUT 39 YEARS,
      WORKING AS ASST.PROFESSOR OF SOIL
      SCIENCE, COH, SIRSI.

10.   DR. SHIVANAND HONGAL S/O.VEERAPPA,
      AGED ABOUT 35 YEARS,
      WORKING AS ASST.PROFESSOR OF
      VEGETABLE SCIENCE, COH SIRSI.

11.   MR. ASHOK S/O. SOMASHEKARAPPA,
      AGED ABOUT 48 YEARS,
      WORKING AS ASST.PROFESSOR OF
      CROP PHYSIOLOGY, COH SIRSI.

12.   MR. CHENNABASAPPA G. YADAV,
      S/O GANGAPPA, AGED ABOUT 37 YEARS,
      WORKING AS ASST.PROFESSOR OF
      AGRIL ECONOMICS, COH SIRSI.
                            :3:




13.   MR. RAGHUNATHA R. S/O.RAJANNA,
      AGED ABOUT 41 YEARS,
      WORKING AS ASST.PROFESSOR OF AGRIL.
      ENTOMOLOGY, COH SIRSI.

14.   MR. KIRAN NAGAJJANAVAR,
      S/O MANJUNATHA, AGED ABOUT 32 YEARS,
      DEPARTMENT OF ENTOMOLOGY,
      COLLEGE OF HORTICULTURE,
      BAGALKOT, ON DEPUTATION FOR
      1 YEAR PURSUING HIGHER EDUCATION/PH.D

15.   ABDUL KARIM M. S/O.MOHAMMED JAFFAR,
      AGED ABOUT 34 YEARS,
      WORKING AS ASST. PROFESSOR OF
      PLANT PATHOLOGY, HRES, HAVERI.

16.   KRISHNA KURBHAT S/O.DYAMANNA YK,
      AGED ABOUT 37 YEARS,
      WORKING AS ASST.PROFESSOR OF
      AGRONOMY HRES, HAVERI
      ON DEPUTATION FOR 1 YEAR.
      DEPT OF AGRONOMY COLLEGE OF AGRICULTURE,
      DHARWAD.

17.   YASHVATHKUMAR K.H,
      S/O HANUMAPPA N. KURI,
      AGED ABOUT 37 YEARS,
      WORKING AS ASST.PROFESSOR,
      VEG SCIENCE AICRP VEGETABLES,
      DHARWAD,
      ON DEPUTATION FOR 1 YEAR
      DEPT OF HORTICULTURE, COLLEGE OF
      AGRICULTURE, DHARWAD.

18.   CHANDRAKANT KAMBLE S/O. SANGAPPA,
      AGED ABOUT 37 YEARS,
      WORKING AS ASST. PROFESSOR,
      DEPT OF VEGETABLE SCIENCE,
      HIDKALDAM,
      PRESENTLY ON DEPUTATION FOR ONE YEAR,
                            :4:



      DEPT. OF VEGETABLE SCIENCES,
      COH, BANGALORE.

19.   NAVEEN PUTTASWAMY,
      S/O PUTTASWAMY M.,
      AGED ABOUT 39 YEARS,
      WORKING AS ASST. PROFESSOR,
      FLORICULTURE, KANBARGI FARM
      PRESENTLY ON DEPUTATION FOR ONE YEAR
      AT DEPT. OF FLORICULTURE OF LANDSCAPES,
      KRC COLLEGE OF HORTICULTURE,
      ARABHAVI, GOKAK.

20.   MR. SHIVAYOGI RYALAVAD S/O. YALLAPPA,
      AGED ABOUT 41 YEARS,
      WORKING AS ASST. PROFESSOR OF
      SEED SCIENCE AND TECHNOLOGY,
      MHREC, UHS, BAGALKOT.

21.   MR. BAPURAYA GOWDA PATIL,
      S/O. BAGAVANTAGOUDA PATIL,
      AGED ABOUT 33 YEARS,
      WORKING AS ASST. PROFESSOR OF
      SEED SCIENCE AND TECHNOLOGY,
      MHREC, UHS, BAGALKOT.

22.   MR. M. A. WASEEM S/O.ABDUL WAHEED,
      AGED ABOUT 32 YEARS,
      WORKING AS ASST. PROFESSOR OF AGRIL.
      ENTOMOLOGY DIRECTORATE OF EXTENSION,
      UHS, BAGALKOT.

23.   MR. AMBRESH S/O.MALLAPPA,
      AGED ABOUT 30 YEARS,
      WORKING AS ASST. PROFESSOR OF VEGETABLE
      SCIENCE, DIRECTORATE OF EXTENSION,
      UHS, BAGALKOT.

24.   MR. SHRIPAD VISHVESHWAR,
      S/O PANDURANGA, AGED ABOUT 48 YEARS,
      WORKING AS ASST. PROFESSOR OF AGRIL.
      ECONOMICS, DIRECTORATE OF EXTENSION,
                            :5:



      UHS, BAGALKOT.

25.   MR. BASAVARAJAPPA H. R.,
      S/O RAMAPPA H. N.,
      AGED ABOUT 43 YEARS,
      WORKING AS ASST. PROFESSOR OF CIB,
      PPMC OFFICE, UHS, BAGALKOT.

26.   MR. VIRESH HIREMATH,
      S/O MALLAYYA G. HIREMATH,
      AGED ABOUT 38 YEARS,
      WORKING AS ASST. PROFESSOR OF PHT,
      DEAN PGS, UHS, BAGALKOT.
      PRESENTLY ON DEPUTATION FOR THREE YEARS,
      DEPARTMENT OF POST-HARVEST TECHNOLOGY,
      COLLEGE OF AGRICULTURE,
      VELLAYANI, TRIVENDRUM,
      KERALA.

27.   MR. SUDHEESH KULKARNI S/O.NAGESHRAO,
      AGED ABOUT 34 YEARS,
      WORKING AS ASST. PROFESSOR OF PMA,
      VC OFFICE, UHS, BAGALKOT,
      PRESENTLY ON DEPUTATION FOR ONE YEAR
      DEPARTMENT OF PMA, COLLEGE OF
      HORTICULTURE, BANGALORE.

28.   MR. ANSUBAI HOSAGOUDAR,
      S/O. SHIVANAND N. HOSAGOUDAR,
      AGED ABOUT 32 YEARS,
      WORKING AS ASST. PROFESSOR OF
      FLORICULTURE, MHREC, UHS, BAGALKOT.

29.   MR. ANAND NANJAPPANAVAR,
      S/O GURUPADAPPA, AGED ABOUT 42 YEARS,
      WORKING AS ASST. PROFESSOR OF
      FRUIT SCIENCE, MHREC, UHS, BAGALKOT.

30.   MR. SATEESH PATTELPUR S/O.VASUDEV
      AGED ABOUT 43 YEARS,
      WORKING AS ASST. PROFESSOR OF
      FRUIT SCIENCE, MHREC, UHS, BAGALKOT.
                            :6:



      PRESENTLY ON DEPUTATION FOR ONE YEAR
      DEPARTMENT OF FRUIT SCIENCE,
      COLLEGE OF HORTICULTURE, BAGALKOT.

31.   MRS. NAMITA RAUT W/O. ARUN KAMBLE,
      AGED ABOUT 38 YEARS,
      WORKING AS ASST. PROFESSOR OF
      VEGETABLE SCIENCE, COH, BAGALKOT.

32.   MR. ARUN KAMBLE S/O.KADESH,
      AGED ABOUT 39 YEARS,
      WORKING AS ASST. PROFESSOR OF FRUIT
      SCIENCE, COH, BAGALKOT.

33.   MR. BASAVARAJ PADASHETTI S/O.SANGAPPA,
      AGED ABOUT 41 YEARS,
      WORKING AS ASST. PROFESSOR OF FRUIT
      SCIENCE, COH, BAGALKOT.

34.   RAMESH W/O.KESHAPPA,
      AGED ABOUT 30 YEARS,
      WORKING AS ASST. PROFESSOR OF
      PLANT PATHOLOGY, MHREC, UHS, BAGALKOT.

35.   MRS. VIJAYA HOSAMANI W/O.BAPANNA,
      AGED ABOUT 50 YEARS,
      WORKING AS ASST. PROFESSOR OF AGRIL.
      EXTENSION, COH, BAGALKOT.

36.   MRS. REKHA CHITTAPUR W/O.BHEEMAPPA
      AGED ABOUT 38 YEARS,
      WORKING AS ASST. PROFESSOR OF CIB,
      COH, BAGALKOT.

37.   MR. SIDDANAGOUDA YADACHI,
      S/O.GADLAPPA YADACHI,
      AGED ABOUT 31 YEARS,
      WORKING AS ASST. PROFESSOR OF
      AGRIL. ENGINEERING, CHEFT,
      UHS,BAGALKOT.
                            :7:



38.   MR. Y. C. VISHWANATH,
      S/O. Y. B. CHANDRASHEKARAPPA,
      AGED ABOUT 41 YEARS,
      WORKING AS ASST. PROFESSOR OF
      PMA, COH, BAGALKOT.

39.   MRS. NETHRAVATHI,
      D/O. PANDIT NOOLA,
      AGED ABOUT 29 YEARS,
      WORKING AS ASST. PROFESSOR OF PHT,
      COH, BAGALKOT.

40.   MRS. SANDHYARANI NISHANI,
      W/O. SHESHACHARYA,
      AGED ABOUT 39 YEARS,
      WORKING AS ASST. PROFESSOR,
      KRCCH, ARABHAVI.

41.   DR. VIJAYKUMAR RATHOD,
      S/O DONDIBA, AGED ABOUT 37 YEARS,
      WORKING AS ASST. PROFESSOR,
      KRCCH, ARABHAVI.

42.   MR. KIRANKUMAR GORBAL,
      S/O RANGAPPA, AGED ABOUT 42 YEARS,
      WORKING AS ASST. PROFESSOR,
      KRCCH, ARABHAVI.

43.   MRS. LAXMIDEVAMMA T. N.,
      W/O. T.H.NARAYANREDDY,
      AGED ABOUT 41 YEARS,
      WORKING AS ASST. PROFESSOR,
      KRCCH, ARABHAVI.

44.   MR. RUDRAGOUDA T. PATIL,
      S/O. TAMMANGOUDA S. PATIL,
      AGED ABOUT 41 YEARS,
      WORKING AS ASST. PROFESSOR,
      KRCCH, ARABHAVI.

45.   MR. JAGADISHCHANDRA HIREMATH,
      S/O. SOMAYYA HIREMATH,
                             :8:



      AGED ABOUT 37 YEARS,
      WORKING AS ASST. PROFESSOR,
      KRCCH, ARABHAVI.

46.   MR. ANIL I. SABARAD S/O. ISHWAR,
      AGED ABOUT 40 YEARS,
      WORKING AS ASST. PROFESSOR,
      KRCCH, ARABHAVI.

47.   MRS. MANJULA KARADIGUDDI W/O.BALAPPA,
      AGED ABOUT 37 YEARS,
      WORKING AS ASST. PROFESSOR,
      KRCCH, ARABHAVI.

48.   MR. SAYEED ALMAS R. MULLA,
      S/O RAJESAHEB, AGED ABOUT 45 YEARS,
      WORKING AS ASST. PROFESSOR,
      KRCCH, ARABHAVI.

49.   MR. SRIKANTH PRASAD D. S/O. DAS P. S.,
      AGED ABOUT 33 YEARS,
      WORKING AS ASST. PROFESSOR,
      KRCCH, ARABHAVI.

50.   DR. PUSHPA T. N.,
      D/O. NARAYANSWAMY T. N.,
      AGED ABOUT 31 YEARS,
      WORKING AS ASST. PROFESSOR,
      KRCCH, ARABHAVI.

51.   MRS.RENUKA B. HIREKURUBAR /O.BASAPPA,
      AGED ABOUT 37 YEARS,
      WORKING AS ASST. PROFESSOR,
      KRCCH, ARABHAVI.

52.   MR. NATARAJ K. H.,
      S/O. HANUMANTHRAYAPPA K. H.,
      AGED ABOUT 41 YEARS,
      WORKING AS ASST. PROFESSOR,
      KRCCH, ARABHAVI.
                             :9:



53.   MRS. SUHASINI JALAWADI W/O.SHANTAVVA,
      AGED ABOUT 31 YEARS,
      WORKING AS ASST. PROFESSOR,
      KRCCH, ARABHAVI.

54.   MR. SREENATHA S/O.ANJINAPPA
      AGED ABOUT 44 YEARS,
      WORKING AS ASSISTANT PROFESSOR,
      KRCCH, ARABHAVI,
      PRESENTLY ON DEPUTATION FOR 3 YEARS
      AT: DIVISION OF FWD SCIENCES AND
      POST-HARVEST TECHNOLOGY, IARC
      PUSA, NEW DELHI- 110 012.

55.   DR. ITIGI PRABHAKAR,
      S/O.ITIGI NAGENDRAPPA,
      AGED ABOUT 32 YEARS,
      WORKING AS ASSISTANT PROFESSOR
      OF AGRIL. EXTENSION, COH, KOPPAL.
                                             ...PETITIONERS
      (BY SRI A.S.PATIL, ADVOCATE)

AND

1.    STATE OF KARNATAKA
      BY ITS PRINCIPAL SECRETARY TO GOVT.,
      DEPARTMENT OF AGRICULTURE,
      GOVERNMENT OF KARNATAKA,
      VIKAS SOUDHA, BENGALURU-560 001.

2.    UNIVERSITY OF HORTICULTURAL SCIENCES,
      UDYANAGIRI, NAVANAGAR,
      BAGALKOT-587 104.
                                          ..RESPONDENTS

(BY SRI V.S.KALASURMATH, HCGP FOR RESPONDENT NO.1)
(BY SRI RAVI S.BALIKARI, ADVOCATE FOR RESPONDENT NO.2)

     THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH (I) ORDER/OFFICE
NOTE    BEARING    NO.AHKA/CSHA-1/INCENTIVE/1593/2017-18
DATED 19.06.2017 (UNDER ANNEXURE-K TO THE WRIT PETITION)
                                  : 10 :



ISSUED BY THE 2 RESPONDENT (II) RESOLUTION IN
PROCEEDINGS DATED 22.02.2018 OF THE 24 AND 25 CO-
ORDINATION COMMITTEE MEETING OF FARM UNIVERSITIES OF
KARNATAKA HELD ON 11.03.2016 AND 08.03.2017 IN SO FAR AS
IT CONCERNS ITEM-8 (UNDER ANNEXURE-L TO THE WRIT
PETITION) BY ISSUE OF A WRIT IN THE NATURE OF CERTIORARI
AND ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING
THE RESPONDENTS TO FORTHWITH GRANT TWO ADVANCE
INCREMENTS TO THE PETITIONERS FROM THE DATE OF THEIR
RESPECTIVE ENTRY AS ASSISTANT PROFESSORS IN THE 2
RESPONDENT/UNIVERSITY.

    THIS PETITION COMING ON FOR PRELIMINARY HEARING B
GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

                                 ORDER

It is not in dispute that the orders impugned in

this writ petition were also the subject matter in the

Writ Petition No.201652/2019 (S-RES), which had

been filed before the Kalburgi Bench of this Court.

2. It is also not in dispute that the said writ

petition has been allowed on the basis of the

Judgment rendered in Writ Petition No.201448/2021,

which was disposed of in the following terms :

"By taking note of the arg uments ad vanced by the learned counsel for the parties, it is not in dispute that the petitioners herein are the teaching staff of

various Universities hold ing post-graduate degree. The Government of India, by letter dated 31 s t December, 2008 addressed to the University Grants Commissioner to extend the said benefit to p rofessional course such as LL.M./M.Tech. etc. recognized by the relevant Statutory Body/Council. As per Annexure-D, ICAR by letter dated 06 t h March, 2009, at Clause 4.2 held as follows:

"4.2 Candidates who hold M.Phil/ M.Tech/M.Sc.(Ag.)/M.V.Sc. degree (with 4 years bachelor and 2 years master's p rogramme) at the time of recruitment on or after 01.09.2008 as Scientist shall be given to non-

compound ed advance increments."

Perusal of the Government Order dated 24 t h March, 2010 (Annexure-E) stipulates that the said incentive is extended to those who possessed Post Graduate Deg ree in a p rofessional course recognised by the relevant Statutory Body/Council. In this reg ard, the University Grants Commission, following the d irections of the Central Government, by its letter d ated 30 t h June, 2010, extended the said benefit to the

Teaching Staff who possessed Post Grad uate Degree in professional course. The ICAR, by its letter dated 06 t h Octob er, 2016 (Annexure-G) has approved that Und er-Grad uate Deg rees in Agriculture and allied subjects like (Agriculture, Horticulture, Agricultural Engineering, Dairy Technology, Forestry, Veterinary and Animal Science, Food Technology, Bio Technolog y, Fisheries, Sericulture, Home/ Community Science and Food Nutrition and Dietics) as Professional Degree Courses. It is evident from the aforementioned ord er passed by the ICAR that the discipline referred to ab ove be considered as Professional Degree Courses and therefore, the benefit which had been extended by University Grants Commission is to be extended to the teaching staff of the aforementioned Professional Deg ree Courses. In this reg ard, recommendation has been made to the Government to take app ropriate d ecision in the matter. It is also borne from the records that the Dep artment of Finance has accorded permission to extend the said benefit to the similarly placed teaching staff of the aforementioned discipline. In that view of

the matter, the endorsement Annexure-V dated 22 n d February, 2021 issued by the respondent-University is contrary to the decision taken by the Ministry of Human Resource Development and University Grants Commission. I have also noticed that this Court, in Writ Petition No.32248 of 2014 and connected writ petitions decided on 24 t h July, 2019, quashed the similar endorsement issued by Principal Secretary to Government, Animal Husb and ry and Fisheries Dep artment. In the result, the endorsement Annexure-V nd dated 22 February, 2021 is quashed and respondent-Government is directed to reconsid er the grievance of the petitioners for extend ing two non compounded ad vanced increments at the entry level, in terms of the discussion mad e above."

3. In view of the above, this writ petition is also

allowed in the same terms. Consequently,

Annexures-K and L are quashed.

4. The State Government is directed to

reconsider the grievances of the petitioners for

extension of non-compounded advanced increments

at the entry level, as has been held in the above writ

petition. The State Government shall consider the

same within a period of three months. If the State

Government has already considered the same, the

same benefit shall be granted to the petitioners

herein also.

SD JUDGE CKK