Karnataka High Court

The State Of Karnataka vs Suresh So Totappa Dundur And Others on 4 September, 2025

Author: S.Sunil Dutt Yadav

Bench: S.Sunil Dutt Yadav

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                      HC-KAR




                               IN THE HIGH COURT OF KARNATAKA,
                                         AT DHARWAD
                           DATED THIS THE 4TH DAY OF SEPTEMBER, 2025
                                              PRESENT
                      THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV
                                                 AND
                       THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL
                             WRIT APPEAL NO. 100002 OF 2024 (S-RES)
                      BETWEEN:

                      1.    THE STATE OF KARNATAKA,
                            REPRESENTED BY ITS ADDITIONAL
                            CHIEF SECRETARY,
                            HIGHER EDUCATION DEPARTMENT COLLEGIATE,
                            M. S. BUILDING, DR. B. R. AMBEDKAR ROAD,
                            BENGALURU-560001.

                      2.    THE COMMISSIONER,
                            DEPARTMENT OF TECHNICAL EDUCATION,
                            PALACE ROAD, BENGALURU-560001.

                      3.    THE DIRECTOR,
                            TECHNICAL EDUCATION DEPARTMENT,
Digitally signed by
CHANDRASHEKAR
                            PALACE ROAD, BENGALURU-560001.
LAXMAN
KATTIMANI                                                           ...APPELLANTS
Location: High
Court of Karnataka,
Dharwad Bench
                      (BY SRI. V. S. KALASURMATH, AGA)

                      AND:

                      1.    SURESH S/O. TOTAPPA DUNDUR,
                            AGE: 62 YEARS, OCC: RETIRED PROFESSOR,
                            DEPARTMENT OF INDUSTRIAL PRODUCTION,
                            R/O. C/O. SHRI BASAVESHWAR ENGINEERING
                            COLLEGE, (AIDED), BAGALKOTE,
                            DIST. BAGALKOT-587101.

                      2.    VINOD S/O. SHANKARRAO PURANIK,
                            AGE 61 YEARS, OCC PROFESSOR,
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     DEPARTMENT OF INDUSTRIAL PRODUCTION,
     R/O. C/O. SHRI BASAVESHWAR ENGINEERING
     COLLEGE, (AIDED), BAGALKOT,
     DIST. BAGALKOT-587101.

3.   CHANNAPPA S/O. MUTHAPPA JAVALAGI,
     AGE: 56 YEARS, OCC ASSOCIATE PROFESSOR,
     DEPARTMENT OF INDUSTRIAL PRODUCTION,
     R/O. C/O. SHRI BASAVESHWAR ENGINEERING
     COLLEGE, (AIDED), BAGALKOT,
     DIST. BAGALKOT-587101.

4.   DAYANAND S/O. GURULINGAYYA MALLAPUR,
     AGE: 60 YEARS, OCC: ASSOCIATE PROFESSOR,
     DEPARTMENT OF INDUSTRIAL PRODUCTION,
     R/O. C/O. SHRI BASAVESHWAR ENGINEERING
     COLLEGE, (AIDED), BAGALKOT,
     DIST. BAGALKOT-587101.

5.   SHREESHAILAPPA S/O. RAJENDRA PHARSIYAVAR,
     AGE: 54 YEARS, OCC: ASSISTANT PROFESSOR,
     DEPARTMENT OF INDUSTRIAL PRODUCTION,
     R/O. C/O. SHRI BASAVESHWAR ENGINEERING
     COLLEGE, (AIDED), BAGALKOT,
     DIST. BAGALKOT-587101.

6.   SATISH S/O. BASAPPA HAVARAGI,
     AGE: 58 YEARS, OCC: FOREMAN,
     DEPARTMENT OF INDUSTRIAL PRODUCTION,
     R/O. C/O. SHRI BASAVESHWAR ENGINEERING
     COLLEGE, (AIDED), BAGALKOT,
     DIST. BAGALKOT-587101.

7.   PANCHAKSHARAYYA S/O. SANGAYYA BHAVIMATH,
     AGE 53 YEARS, OCC: INSTRUCTOR,
     DEPARTMENT OF INDUSTRIAL PRODUCTION,
     R/O. C/O. SHRI BASAVESHWAR ENGINEERING
     COLLEGE, (AIDED), BAGALKOT,
     DIST. BAGALKOT-587101.

8.   SHASHIDHAR S/O. VEERABHADRAPPA SORABAD,
     AGE: 59 YEARS, OCC: ASSISTANT INSTRUCTOR,
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     DEPARTMENT OF INDUSTRIAL PRODUCTION,
     R/O. C/O. SHRI BASAVESHWAR ENGINEERING
     COLLEGE, (AIDED), BAGALKOT,
     DIST. BAGALKOT-587101.

9.   MAHANTAPPA S/O. SHEKHARAPPA BEWOOR,
     AGE: 55 YEARS, OCC: MECHANIC,
     DEPARTMENT OF INDUSTRIAL PRODUCTION,
     R/O. C/O. SHRI BASAVESHWAR ENGINEERING
     COLLEGE, (AIDED), BAGALKOT,
     DIST. BAGALKOT-587101.

10. PRAKASH S/O. FAKEERAPPA BHAJANTRI,
    AGE: 50 YEARS, OCC: ASSISTANT (HELPER),
    DEPARTMENT OF INDUSTRIAL PRODUCTION,
    R/O. C/O. SHRI BASAVESHWAR ENGINEERING
    COLLEGE, (AIDED), BAGALKOT,
    DIST. BAGALKOT-587101.

11. MALLAPPA S/O. VEERABHADRAPPA GOUDAR,
    AGE: 55 YEARS, OCC: ASSISTANT (HELPER),
    DEPARTMENT OF INDUSTRIAL PRODUCTION,
    R/O. C/O. SHRI BASAVESHWAR ENGINEERING
    COLLEGE, (AIDED), BAGALKOT,
    DIST. BAGALKOT-587101.

12. SALIM S/O. MUKTUMSAB IDDALAGI,
    AGE: 62 YEARS, OCC ASSOCIATE PROFESSOR,
    DEPARTMENT OF ELECTRONICS & COMMUNICATION,
    R/O. C/O. SHRI BASAVESHWAR ENGINEERING
    COLLEGE, (AIDED), BAGALKOT,
    DIST. BAGALKOT-587101.

13. PANDURANGRAO S/O. NARAYANRAO KULKARNI,
    AGE: 57 YEARS, OCC: ASSOCIATE PROFESSOR,
    DEPARTMENT OF ELECTRONICS & COMMUNICATION,
    R/O. C/O. SHRI BASAVESHWAR ENGINEERING
    COLLEGE, (AIDED), BAGALKOT,
    DIST. BAGALKOT-587101.

14. SAROJINI BASATTEPPA KULLOLLI,
    AGE: 59 YEARS, OCC: ASSOCIATE PROFESSOR,
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    DEPARTMENT OF ELECTRONICS & COMMUNICATION,
    R/O. C/O. SHRI BASAVESHWAR ENGINEERING
    COLLEGE, (AIDED), BAGALKOT,
    DIST. BAGALKOT-587101.

15. ANAND S/O. HANAMANT UNNIBHAVI,
    AGE: 47 YEARS, OCC: ASSISTANT PROFESSOR,
    DEPARTMENT OF ELECTRONICS & COMMUNICATION,
    R/O. C/O. SHRI BASAVESHWAR ENGINEERING
    COLLEGE, (AIDED), BAGALKOTE,
    DIST. BAGALKOT-587101.

16. BASAVAPRABHU S/O. GURULINGAPPA
    SHEEPARAMATTI,
    AGE: 61 YEARS, OCC ASSISTANT PROFESSOR,
    DEPARTMENT OF ELECTRONICS & COMMUNICATION,
    R/O. C/O. SHRI BASAVESHWAR ENGINEERING
    COLLEGE, (AIDED), BAGALKOT,
    DIST. BAGALKOT-587101.

17. SOMU S/O. PUNDALIK PARANDE,
    AGE: 46 YEARS, OCC: ASSISTANT PROFESSOR,
    DEPARTMENT OF ELECTRONICS & COMMUNICATION,
    R/O. C/O. SHRI BASAVESHWAR ENGINEERING,
    COLLEGE, (AIDED), BAGALKOT,
    DIST. BAGALKOT-587101.

18. SHRIDEVI CHANDRASHEKHAR HIREMATH,
    AGE: 59 YEARS, OCC: ASSISTANT PROFESSOR,
    DEPARTMENT OF ELECTRONICS & COMMUNICATION,
    R/O. C/O. SHRI BASAVESHWAR ENGINEERING
    COLLEGE, (AIDED), BAGALKOT,
    DIST. BAGALKOT-587101.

19. SHANKARAYYA S/O. GURUMURTHY KAMBALIMATH,
    AGE: 53 YEARS, OCC: ASSOCIATE PROFESSOR,
    DEPARTMENT OF ELECTRONICS & COMMUNICATION,
    R/O. C/O. SHRI BASAVESHWAR ENGINEERING
    COLLEGE, (AIDED), BAGALKOTE,
    DIST. BAGALKOT-587101.

20. VEERESH S/O. SHEKHARAPPA B.,
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    AGE: 57 YEARS, OCC: ASSISTANT PROFESSOR,
    DEPARTMENT OF ELECTRONICS & COMMUNICATION,
    R/O. C/O. SHRI BASAVESHWAR ENGINEERING
    COLLEGE, (AIDED), BAGALKOT,
    DIST. BAGALKOT-587101.

21. ASHOK S/O. VEERAPPA SUTAGUNDAR,
    AGE 45 YEARS, OCC: ASSISTANT PROFESSOR,
    DEPARTMENT OF ELECTRONICS & COMMUNICATION,
    R/O. C/O. SHRI BASAVESHWAR ENGINEERING
    COLLEGE, (AIDED), BAGALKOT,
    DIST. BAGALKOT-587101.

22. MAMATA KRISHNAPPA DASANAGOUDAR,
    AGE: 50 YEARS, OCC: ASSISTANT PROFESSOR,
    DEPARTMENT OF ELECTRONICS & COMMUNICATION,
    R/O. C/O. SHRI BASAVESHWAR ENGINEERING
    COLLEGE, (AIDED), BAGALKOT,
    DIST. BAGALKOT-587101.

23. AMARESH S/O. PARAPPA NAGUR,
    AGE: 61 YEARS, OCC: FOREMAN,
    DEPARTMENT OF ELECTRONICS & COMMUNICATION,
    R/O. C/O. SHRI BASAVESHWAR ENGINEERING
    COLLEGE, (AIDED), BAGALKOT,
    DIST. BAGALKOT-587101.

24. SHIVAKUMAR S/O. SANGAYYA BHAVIMATH,
    AGE: 56 YEARS, OCC: INSTRUCTOR,
    DEPARTMENT OF ELECTRONICS & COMMUNICATION,
    R/O. C/O. SHRI BASAVESHWAR ENGINEERING
    COLLEGE, (AIDED), BAGALKOTE,
    DIST. BAGALKOT-587101.

25. PRASAD S/O. PRALHADRAO UMARJI,
    AGE: 52 YEARS, OCC: ASSISTANT INSTRUCTOR,
    DEPARTMENT OF ELECTRONICS & COMMUNICATION,
    R/O. C/O. SHRI BASAVESHWAR ENGINEERING
    COLLEGE, (AIDED), BAGALKOT,
    DIST. BAGALKOT-587101.

26. RAVIRAJ S/O. SHASHIDHAR HONNYAL,
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    AGE: 54 YEARS, OCC: MECHANIC,
    DEPARTMENT OF ELECTRONICS & COMMUNICATION,
    R/O. C/O. SHRI BASAVESHWAR ENGINEERING
    COLLEGE, (AIDED), BAGALKOT,
    DIST. BAGALKOT-587101.

27. GURUPADAPPA SO BHIMAPPA CHALAVADI,
    AGE: 52 YEARS, OCC: ASSISTANT (HELPER),
    DEPARTMENT OF ELECTRONICS & COMMUNICATION,
    R/O. C/O. SHRI BASAVESHWAR ENGINEERING
    COLLEGE, (AIDED), BAGALKOTE,
    DIST. BAGALKOT-587101.

28. SHRISHAIL S/O. SIDDAPPA BAGALI,
    AGE: 57 YEARS, OCC: ASSISTANT (HELPER),
    DEPARTMENT OF ELECTRONICS & COMMUNICATION,
    R/O. C/O. SHRI BASAVESHWAR ENGINEERING
    COLLEGE, (AIDED), BAGALKOT,
    DIST. BAGALKOT-587101.

29. SANTOSH S/O. JALAPPA MUNDARAGI,
    AGE: 37 YEARS, OCC: ASSISTANT (HELPER),
    DEPARTMENT OF ELECTRONICS & COMMUNICATION,
    R/O. C/O. SHRI BASAVESHWAR ENGINEERING
    COLLEGE, (AIDED), BAGALKOT,
    DIST. BAGALKOT-587101.

30. ANANT S/O. SUSHILENDRA OMKAR,
    AGE: 55 YEARS, OCC: SUPERINTENDENT,
    DEPT. OF ADMINISTRATION,
    R/O. C/O. SHRI BASAVESHWAR ENGINEERING
    COLLEGE, (AIDED), BAGALKOT,
    DIST. BAGALKOT-587101.

31. SHEKHARAPPA S/O. ANDANEPPA HALLUR,
    AGE: 60 YEARS, OCC: RETIRED FDA,
    DEPT. OF ADMINISTRATION,
    R/O. C/O. SHRI BASAVESHWAR ENGINEERING
    COLLEGE, (AIDED), BAGALKOT,
    DIST. BAGALKOT-587101.

32. SHIVANAND S/O. KOTRAPPA BUGATI,
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    AGE: 52 YRS, OCC: SDA, DEPT. OF ADMIN,
    R/O. C/O. SHRI BASAVESHWAR ENGINEERING
    COLLEGE, (AIDED), BAGALKOT,
    DIST. BAGALKOT-587101.

33. SHIVAYOGI S/O. FAKEERAPPA MADIWALAKAR,
    AGE: 47 YEARS, OCC: SDA,
    DEPT. OF ADMINISTRATION,
    R/O. C/O. SHRI BASAVESHWAR ENGINEERING
    COLLEGE, (AIDED), BAGALKOT,
    DIST. BAGALKOT-587101.

34. SHIVAYYA S/O. ANDANAYYA HIREHAL,
    AGE: 58 YEARS, OCC: GROUP-D,
    DEPT. OF ADMINISTRATION,
    R/O. C/O. SHRI BASAVESHWAR ENGINEERING
    COLLEGE, (AIDED), BAGALKOT,
    DIST. BAGALKOT-587101.

35. RAVINDRA S/O. PARVATEPPA GALAPAGOL,
    AGE: 63 YEARS, OCC: GROUP-D (RETIRED),
    DEPT. OF ADMIN,
    R/O. C/O. SHRI BASAVESHWAR ENGINEERING
    COLLEGE, (AIDED), BAGALKOT,
    DIST. BAGALKOT-587101.

36. THE PRINCIPAL,
    BASAVESHWAR ENGINEERING COLLEGE (AIDED)
    VIDYANAGAR, BAGALKOT-587102.
                                          ...RESPONDENTS
(NOTICE TO R1 TO R7 AND R9 TO R36 SERVED;
      R8-DECEASED)

     THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH
COURT ACT, 1961, PRAYING TO ALLOW THE WRIT APPEAL AND
SET ASIDE THE IMPUGNED ORDER DATED 07-12-2022 PASSED
BY THE LEARNED SINGLE JUDGE OF THIS HON BLE COURT IN
WP NO.105373/2022 (S-RES).

    THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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CORAM:      THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV
             AND
             THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL


                           ORAL JUDGMENT

(PER: THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL)

This appeal is filed by the State challenging the order of

the learned Single Judge dated 07.12.2022 passed in

W.P.No.105373/2022 and connect matter (S-RES). The operative

portion of the direction issued by the learned Single Judge reads

as under:

"i. The writ petitions are allowed.

ii. The 1st respondent is hereby directed to include the teaching and non-teaching staff working in the Industrial Production and Electronic and Communication Engineering Courses run by the 2nd petitioner - College with salary grant w.e.f. 4.6.2010 and release the monetary benefits to the petitioners and in case six persons, who were initially found to be ineligible, the 1st respondent to consider their case for extending the salary grant as per proposal dated 4.2.2020 submitted by the 3rd respondent at Annexure-K. If the 1st respondent finds that the six persons are also entitled for salary grant, the 1st respondent to release all the

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monetary benefits to the said six persons w.e.f. 4.6.2010.

iii. The said exercise shall be completed within four months from the date of receipt of certified copy of this order."

2. Learned AGA appearing for the appellant - State

submits that the State has raised various contentions to

challenge the order of the learned Single Judge. However, during

the pendency of the appeal, the State complied with the direction

issued by the learned Single Judge and the same was reported in

contempt proceedings and accordingly, the contempt

proceedings were closed. He submits that in view of the

compliance with the order of the learned Single Judge by the

appellant - State, he seeks to dispose of the appeal.

3. We have heard the arguments of the learned AGA

and perused the material available on record.

4. The appellant - State filed an affidavit in

CCC.No.100281/2023 and the contempt proceedings were closed

by the Co-ordinate Bench vide order dated 14.02.2024. The

relevant observations in the aforesaid order read as under:

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"4. Today, affidavit dated 13.02.2024, of accused No.2 is filed enclosing three documents i.e., Annexure-R1 - Government Order No.ED 47 TEC 2024, Bengaluru, dated 09.02.2024, sanctioning grant-in-aid to 29 teaching and non-teaching staff from 04.06.2010 on certain terms and conditions and rejected the case of six non-teaching staff to admit them to grant stating that they do not possess the qualification as on that date. The said affidavit - 10 - NC: 2024:KHC-D:3475-DB CCC No.100281 of 2023 is taken on record. This Court, in its order dated 07.12.2022 has made it clear that if respondents find that if six persons are also entitled for salary grant, the 1st respondent to release all the monetary benefits to the said six persons w.e.f. 4.6.2010. In terms of the said order, discretion was vested with the respondents-accused to verify their entitlement. We are of the considered opinion that there is substantial compliance of the order of this Court. If the complainants are aggrieved, they are at liberty to challenge the said order before the appropriate forum. All contentions are kept open.

With the above, contempt proceedings dropped."

5. It is brought to our notice that the said contempt

proceedings were revived and further compliance memo was

filed by the appellant after such revival and the same was placed

on record and the Co-ordinate Bench vide order dated

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22.08.2024 closed the contempt proceedings. We have also

perused the order of the learned Single Judge. The learned

Single Judge taking note of the rival contentions at paragraph

No.10 has recorded a clear finding and allowed the petition. We