Karnataka High Court
Dr. Nissar Ahmed I Mulla S/O Ibrahim Sab ... vs The State Of Karnataka on 19 November, 2025
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
-1-
NC: 2025:KHC-D:15863
WP No. 105772 of 2022
HC-KAR
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD
DATED THIS THE 19TH DAY OF NOVEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 105772 OF 2022 (S-RES)
BETWEEN:
DR. NISSAR AHMED I MULLA
S/O. IBRAHIM SAB MULLA,
AGED ABOUT 55 YEARS,
PRESENTLY WORKING AS PROFESSOR,
DEPARTMENT OF COMMERCE, MAULANA AZAD
NATIONAL URDU, UNIVERSITY,
HYDERABAD - 500 008,
FORMERLY WORKING AS SELECTION GRADE
LECTURER IN COMMERCE AT ANJUMAN ARTS
SCIENCE AND COMMERCE COLLEGE,
DHARWAD - 5800 01.
...PETITIONER
(BY SRI. C.R.HIREMATH &
SRI. U.G.KATTIMANE, ADVOCATES)
AND:
Digitally signed by 1. THE STATE OF KARNATAKA
RAKESH S BY ITS CHIEF SECRETARY,
HARIHAR
Location: High VIDHANA SOUDHA, BENGALURU-560 001.
Court of Karnataka,
Dharwad Bench,
Dharwad 2. THE STATE OF KARNATAKA,
REP BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF HIGHER EDUCATION,
6TH FLOOR, MULTISTORIED BUILDINGS,
BENGALURU - 560 001.
3. THE COMMISSIONER,
DEPARTMENT OF COLLEGIATE
EDUCATION, 2ND FLOOR,
TECHNICAL EDUCATION,
DEPARTMENT BUILDING,
PALACE ROAD, BENGALURU - 560 001.
-2-
NC: 2025:KHC-D:15863
WP No. 105772 of 2022
HC-KAR
4. THE DIRECTORATE OF COLLEGIATE EDUCATION,
2ND FLOOR, TECHNICAL EDUCATION
DEPARTMENT BUILDING, PALACE ROAD,
BENGALURU - 560 001, REP BY ITS DIRECTOR.
5. ANJUMAN ARTS, SCIENCE AND
COMMERCE COLLEGE, DHARWAD - 580 001,
REP BY ITS SECRETARY.
6. MAULANA AZAD NATIONAL URDU UNIVERSITY,
A CENTRAL UNIVERSITY ESTABLISHED
BY AN ART OF PARLIAMENT IN 1998,
GACHIBOWLI, HYDERABAD - 500 032,
ANDHRA PRADESH, REP BY ITS REGISTRAR.
...RESPONDENTS
(BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1 TO R4;
R5 & R6 ARE SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A
WRIT OF CERTIORARI FOR QUASHING THE ORDER PASSED BY
THE RESPONDENT NO.03 COMMISSIONER OF DEPARTMENT OF
COLLEGIATE EDUCATION, 2ND FLOOR, TECHNICAL EDUCATION
DEPARTMENT BUILDING, BENGALURU IN THE FORM OF LETTER,
DATED.20.04.2018 IN NO.KAASI E/ 501/ THRI SOW YO/ CR
1/2016-17 VIDE ANNEXURE-L AND ETC.
THIS WRIT PETITION, COMING ON FOR PRELIMINARY
HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
-3-
NC: 2025:KHC-D:15863
WP No. 105772 of 2022
HC-KAR
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)
The petitioner is before this Court seeking the following
prayer.
A. to issue a Writ of Certiorari for quashing the Order
passed by the Respondent No.03 Commissioner of
Department of Collegiate Education, 2nd floor,
Technical Education Department Building, Bengaluru in
the form of Letter, dated.20.04.2018 in no.KAASI E/
501/ THRI SOW YO/ CR 1/2016-17 vide
Annexure-L.
B. to issue writ of Mandamus directing the Respondents
Government of Karnataka No.04 to consider the
Representation dated 27.08.2021 vide Annexure-P to
reckon/count the 17 years of past services that the
Petitioner has rendered in the Respondent No.05
Anjuman Arts, Science and Commerce College,
Dharwad 580001 as a Lecturer in Commerce from
27.07.19889 till 04.07.2005 with the present existing
post of Petitioner including all pro-rata Pensionary
benefits and all benefits associated therewith.
C. to issue Writ of mandamus directing the Respondent
No.4 Government of Karnataka to transfer pro-rata
pension and gratuity of the Petitioner to the registrar
of Maulana Azad National Urdu University, Hayerabad
for pensioner benefits during his service at Anjuman
Arts, Science and Commerce College, Dharwad and
further direct the Respondents to keep under GPF cum
old pension scheme.
D. to grant such other relief or relies as this Hon'ble
Court deems fit in the facts and circumstances of
the case.
2. The prayer of the petitioner is calling in question a
communication dated 20.04.2018 which denies 17 years of his
NC: 2025:KHC-D:15863
HC-KAR
past service. A direction is sought by issuance of a writ in the
nature of mandamus seeking to reckon those services and other
consequential benefits. This very petitioner and against the same
parties had approached this Court in Writ Petition
No.46328/2019. In the said writ petition, the prayer reads as
follows.
(a) to issue a Writ of Certiorari for quashing the Order
passed by the Respondent No.03-The
Commissioner of Department of Collegiate
Education, Bengaluru in the form of letter,
dated:20-04-2018 in No.KAASI E/501/THRI SOW
YO/CR 1/2016-17 vide "Annexure-D".
(b) to issue Writ of Mandamus directing the
Respondent No.2/The Government of Karnataka to
reckon/count the 17 years of past services that the
petitioner has rendered in the Respondent No.05-
Anjuman Arts, Science and Commerce College,
Dharwad as a Lecturer in Commerce from 27-07-
1988 till 04-07-2005 with the present existing post
of petitioner including all pro-rata pensionary
benefits and such other benefits associated
therewith.
(c) to grant such other relief or reliefs as this Hon'ble
Court deems fit in the facts and circumstances of
the case.
3. The Co-ordinate Bench of this Court on the said
prayer passes the following order.
"2. Question for consideration in the present petition is,
"whether the petitioner is entitled to retiral benefits
with reference to the date of the initial appointment
NC: 2025:KHC-D:15863
HC-KAR
till grant-in-aid to the post held by the petitioner or
not?"
3. Despite giving sufficient time, petitioner could not
produce any documents like Rules, Executive order
or Circular so as to extend retiral benefits from the
date of initial appointment up to the date of grant-
in-aid.
4. Infact the State has enacted the Karnataka Private
Aided Educational Institutions Employees
(Regulation of Pay, Pension and other benefits) Act,
2014 ('Act' for short), in respect of aided
Institutions under Section 3 which denies certain
benefits. Extract of Section 3 is reproduced here
under:
"3. Sanction of Grant-in-Aid at the minimum
in the time scale, time bond advancement, career
advancement and finalization of the pensionary
benefits by non-reckoning servicerendered in non-
grant period as qualifying years and
extinguishment of claims if any.-
(1) Notwithstanding anything contained in.
the Karnataka Education Act, 1983, any order of
the Government or rules governing service
conditions of employees of any Educational
Institution or any other Law Governing Grant-in-aid
to the above employees or any judgment, decree or
order of any Court or Tribunal or Authority, Grant-
in-aid that may be sanctioned to a post held by an
employee of a Private Aided Educational Institution
shali be fixed and calculated at the minimum of pay
in the time scale allowed to the post from the date
of admission to grant-in-aid and the service
rendered prior to admission for grant-in-aid shall
not be reckened for purpose of pay, leave, seniority
and pension and finalization of the pensionary
benefits shall be by non-reckoning service rendered
in non-grant period as qualifying years and the
financial liability of the Government in respect of
Automatic Advancement Scheme and Career
Advancement Scheme extended, if any, to such
NC: 2025:KHC-D:15863
HC-KAR
employee shall be limited to the quantum of Grant-
in-Aid sanctioned to the post.
any (2) Notwithstanding anything contained
in order of the Government or any judgment of any
Court or Tribunal, the claims of employees of
Private Aided Educational Institution for release of
Grant-in-Aid by counting the increments drawn
prior to the date of admission of post to grant-in-
aid and finalization of the pensionary benefits by
reckoning service rendered in non-grant period as
qualifying years shall stand extinguished and
accordingly.-
(i) the orders issued by the
Government directing to take into increments
earned by an employee or for account the
payment of additional amount on extension
of Time bound Advancemment Scheme or
Automatic Promotion Advancement Scheme
of a Private Aided or Career Educational
Institution, prior to the date of admission of
post to Grant-in-aid, while releasing grant-in-
aid and for finalization of the pensionary
benefits by reckoning service rendered in
non-grant period as qualifying years shall
stand cancelled:
Provided that any amount paid
as per the order now cancelled and
towards Time Bound Advancement, or
Automatic promotion er Automatic
Advancement, Career Advancement
Schemes and Pensionary benefits shall
not be recovered.
(ii) No suit or other proceedings shall
be maintained or continued in any court
against the Government by any employee of
Private Aided Educational Institutions
claiming for release of Grant-in-aid taking
into account the increments earned in the
post prior to the date of admission of Grant-
in-aid or for payment of additional amount
on the extension of the Time Bound
NC: 2025:KHC-D:15863
HC-KAR
Advancement Scheme or Automatic
Promotion Scheme or the Automatic
Advancement Scheme and Career
Advancement Scheme and for finalization of
the pensionary benefits by reckoning service
rendered in non-grant period as qualifying.
years to such employee except the quantum
of Grant-in-aid sanctioned to the post.
(iii) No Court shall enforce any decree
or order directing release of Grant-in-aid
taking into account the increments earned in
the post, prior to the date of admission of
grant-in-aid in favour of any employee of a
Private Aided Educational Institutions and for
payment of additional amount of the
extension of the Time Bound Advancement or
Automatic Promotion or Automatic
Advancement Scheme Advancement Scheme
to such employce and ог Career finalization
of the pensionary benefits by reckoning
service rendered in non-grant period as
qualifying years except the quantum of
grant-in-aid sanctioned to the post."
5. Act, 2014 was subject matter of writ petition.
Learned Single Judge's order i.e.,
W.P.No.21216/2014 disposed off on 10.07.2015 is
the subject matter of the writ appeal.
6. Thus, petitioner has not made out a case so as to
count the service from 27.07.1988 to 04.07.2005
rendered by the petitioner in the fifth respondent-
Institution.
7. In the absence of any statutory Rule, petitioner is
not entitled to count the service from 22.07.1988 to
04.07.2005 for refixation of pensionary benefits.
Accordingly, petition stands dismissed."
4. The petitioner challenges the said order before the
Division Bench. Before the Division Bench files a memo on
NC: 2025:KHC-D:15863
HC-KAR
07.01.2020 seeking to withdraw the petition and pursuing of
other remedies available in law. The writ appeal is dismissed by
the following order.
"In view of the memo filed in the Court today, the
appeal is dismissed as withdrawn, with a liberty to pursue
such remedy as available in law."
5. After the dismissal of the writ appeal, the present
petition is preferred. In the writ petition that was dismissed by
the Co-ordinate Bench, the petitioner's prayer is verbatim similar
to what is prayed in the subject petition. The dismissal has
become final, as the petitioner has withdrawn the writ appeal to
pursue other remedies available in law. Availability of other
remedy in law would not mean filing a second writ petition on
the same prayer which has already stood decided and the
decision having become final.
6. In that light, no indulgence can be shown
notwithstanding any law declared by this Court in a
contemporaneous case to entertain the subject petition and
grant this relief that he has lost and the loss having become
final.
NC: 2025:KHC-D:15863
HC-KAR
7. The petition on the aforesaid score would not become
entertainable all over again. I deem it appropriate to reiterate
that it is open to the petitioner to pursue his remedies available
in law.
Sd/-
(M.NAGAPRASANNA)
JUDGE
RSH/CT-ASC
