Karnataka High Court
Dr. Kallappa S/O Late Mahadevappa ... vs Union Of India on 7 September, 2022
Bench: S G Pandit, Anant Ramanath Hegde
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WA No. 100383 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 7TH DAY OF SEPTEMBER, 2022
PRESENT
THE HON'BLE MR JUSTICE S G PANDIT
AND
THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
WRIT APPEAL NO. 100383/2022 (S-R)
BETWEEN:
DR. KALLAPPA S/O LATE MAHADEVAPPA HOSAMANI,
AGE. 62 YEARS, OCC.: PROFESSOR OF ORGANIC
CHEMISTRY, PG DEPARTMENT OF STUDIES IN
CHEMISTRY, KARNATAK UNIVERISTY, PAVATE NAGAR,
DHARWAD 580003, R/O. NO. 39, "SUHA SWATI SHREE"
BUILDING, 2ND MAIN, 3RD CROSS, CITB COLONY,
SRINAGAR, DHARWAD 580003.
- APPELLANT
(BY SRI. SABEEL AHMED, ADVOCATE)
AND:
1. UNION OF INDIA REPRESENTED
THROUGH ITS SECRETARY,
GOVERNMENT OF INDIA,
DEPARTMENT OF HUMAN RESOURCE AND
DEVELOPMENT, SHASHTRI BHAVAN,
NEW DELHI 110001.
Digitally signed
by John Doe
Location: High 2. THE SECRETARY,
John Court of
Karnataka,
Dharwad Bench UNIVERISTY GRANTS COMMISSION (UGC),
Doe Dharwad.
Date:
2022.09.12
10:38:46
BAHADURSHAH ZAFAR MARG,
+0530
NEW DELHI 110002.
3. STATE OF KARNATAKA
REPRESENTED BY CHIEF SECRETARY,
VIDHANA SOUDHA, AMBEDKAR VEEDHI,
BENGALURU, KARNATAKA 560001.
4. STATE OF KARNATAKA
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WA No. 100383 of 2022
REPRESENTED BY PRINCIPAL SECRETARY,
HIGHER EDUCATION DEPARTMENT,
AMBEDKAR VEEDHI, VIDHANA SOUDHA,
BENGALURU, KARNATAKA 560001.
5. THE COMMISSIONER,
THE COLLEGIATE EDUCATION,
PALACE ROAD, BANGALORE 560001.
6. THE DIRECTOR,
DEPARTMENT OF COLLEGIATE EDUCATION,
PALACE ROAD, BANGALORE 560001.
7. UNIVERISTY GRANTS COMMISSION,
SOUTH WESTERN REGIONAL OFFICE,
P.K. BLOCK, PALACE ROAD,
GANDHI NAGAR, BANGALORE 560009.
8. KARNATAKA UNIVERSITY,
PAVATE NAGAR, DHARWAD 580003,
REPRESENTED BY ITS REGISTRAR.
9. THE VICE CHANCELLOR,
KARNATAKA UNIVERSITY,
PAVATE NAGAR, DHARWAD 580003.
- RESPONDENTS
(BY SRI. G.K. HIREGOUDAR,
GOVERNMENT ADVOCATE FOR R3 & R4)
THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH
COURT ACT, 1961, PRAYING TO DIRECT CONTINUANCE OF
SERVICE OF THE APPELLANT WITH ALL SERVICE SALARY AND
OTHER CONSEQUENTIAL BENEFITS UNTIL THE DISPOSAL OF
WRIT PETITION NO. 103214/2022 (S-R) PENDING BEFORE THE
LEARNED SINGLE JUDGE OF THIS HON BLE COURT & ETC.
THIS WRIT APPEAL COMING ON FOR ORDERS ON THIS DAY,
S.G.PANDIT.J, DELIVERED THE FOLLOWING:
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WA No. 100383 of 2022
JUDGMENT
Learned counsel for the appellant with regard to office
objection at sl. No. 11 would submit that, the petitioner would not
rely upon page nos.109 and 110. Submission of the learned
counsel is placed on record.
2. Sri G.K. Hiregoudar, learned Government Advocate is
directed to take notice for respondents No.2 to 6.
3. Appellant-writ petitioner, a Professor of Organic Chemistry,
PG Department of Studies in Chemistry, Karnataka University,
Dharwad, is before this Court in this intra Court appeal under
Section 4 of the Karnataka High Court Act, 1961, questioning the
correctness and legality of the impugned interim order dated
25.08.2022 passed by the learned Single Judge in W.P. No.
103214/2022 refusing to grant interim prayer.
4. We have heard Sri Sabeel Ahmed, learned counsel for the
appellant and Sri G.K. Hiregoudar, learned Government Advocate
for respondents No.2 to 6 and perused the writ appeal papers.
5. Learned Single Judge under the impugned interim order has
observed that "the retirement of the writ petitioner shall be subject
WA No. 100383 of 2022
to the result of the writ petition or further orders", taking note of
similar interim order passed in W.P. No 13047/2022.
6. Contention of the learned counsel for the appellant is that in
view of Annexure-M dated 23.03.2007 of the Ministry of Human
Resource Development, Department of Higher Education, wherein
the Central Government has directed the Secretary, University
Grants Commission to enhance age of retirement of the teaching
staff of the Universities from 62 to 65 years and in terms of the said
letter, the UGC has issued a letter dated 04.04.2007 to the
Registrars of all Central/ Deemed Universities to enhance age of
retirement of the teaching staff from 62 to 65.
7. Learned Government Advocate submits that similar
contention was raised in W.A. No. 100198/2022 and connected writ
appeal wherein this Court has declined the prayer of the petitioner
therein to enhance age of retirement from 62 to 65.
8. Since the writ petition is pending before the learned Single
Judge, at this stage, we deem it appropriate not to give any finding
on any of the contentions of the petitioner. The learned Single
Judge has exercised his discretion and has followed the interim
order passed in one of the writ petitions. Moreover, the date of
WA No. 100383 of 2022
retirement of the appellant was 31.08.2022 and at this stage it may
not be proper to put back the appellant into service. Any finding or
any observation on merit would have adverse effect on the
contentions of the parties. Therefore, we refrain from giving any
finding on the contentions. Accordingly, writ appeal stands
disposed of. All contentions are left open.
SD
JUDGE
SD
JUDGE
BVV
