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Karnataka High Court
Mrs Sadiya Kousar vs The State Of Karnataka on 9 March, 2026
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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WP No. 203426 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 9TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
WRIT PETITION NO. 203426 OF 2025 (S-R)
BETWEEN:
MRS SADIYA KOUSAR W/O LATE KHALID SAEED,
AGED ABOUT 62 YEARS,
R/O NO. 6-2-16/A, FORT ROAD,
MANIYAR TALEEM, BIDAR-585401.
...PETITIONER
(BY SRI. AMEERAHAMAJA ABDULKADAR
GUNNAPURA, ADVOCATE)
AND:
Digitally signed by
NIJAMUDDIN
JAMKHANDI
1. THE STATE OF KARNATAKA,
Location: HIGH
COURT OF
BY ITS CHIEF SECRETARY VIDHANA SOUDHA,
KARNATAKA
BENGALURU-560 001.
2. THE STATE OF KARNATAKA,
REPRESENTED 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,
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PALACE ROAD,
BENGALURU-560 001.
4. THE DIRECTORATE OF COLLEGIATE EDUCATION,
2ND FLOOR, TECHNICAL EDUCATION DEPARTMENT
BUILDING, PALACE ROAD,
BENGALURU-560-001.
REPRESENTED BY ITS DIRECTOR.
5. KARNATAKA ARTS, SCIENCE AND
COMMERCE COLLEGE, BIDAR-585401.
REPRESENTED BY ITS SECRETARY.
6. MOULANA AZAD NATIONAL URDU UNIVERSITY,
HYDERABAD-500032, TELANGANA STATE
REPRESENTED BY ITS REGISTRAR.
...RESPONDENTS
(BY SRI VIRANAGOUDA M. BIRADAR, AGA R1 TO R4;
NOTICE TO R5 TO R6 IS SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A) TO
ISSUE WRIT OF MANDAMUS DIRECTING THE RESPONDENT
AUTHORITIES TO CONSIDER THE IMPUGNED REPRESENTATION
DATED 04.08.2020 ADDRESSED TO THE ADDITIONAL
SECRETARY, DEPARTMENT OF HIGHER EDUCATION
(GOVERNMENT OF KARNATAKA) VIDE ANNEXURE-R TO
SANTION AND REMIT HIS PENSION FOR THE TOTAL SERVICE
PERIOD OF 35 YEARS THAT HE RENDERED IN BOTH, THE
RESPONDENT NO.5 INSTITUTION (KARNATAKA ARTS, SCIENCE
AND COMMERCE COLLEGE BIDAR KARNATAKA AS A LECTURER
IN COMMERCE FROM 18.08.1980 TILL 16.09.2004) AND THE
RESPONDENT NO.6 INSTITUTION (MAULANA AZAD NATIONAL
UNIVERSITY, HYDERABAD AS PROFESSOR OF URDU FROM
17.09.2004 TILL DATE). B) TO GRANT SUCH OTHER RELIEF OR
RELIEFS AS THIS HON'BLE COURT DEEMS FIT IN THE FACTS
AND CIRCUMSTANCES OF THE CASE.
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THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
ORAL ORDER
1. Petitioner is before this Court in this writ petition filed
under Articles 226 and 227 of the Constitution of India seeking
for the following reliefs:-
"a) to issue Writ of Mandamus directing the
Respondent Authorities to consider the impugned
Representation dated 04.08.2020 addressed to the
Additional Secretary, Department of Higher
Education (Government of Karnataka) vide
Annexure-R to sanction and remit his pension for the
total service period of 35 years that he rendered in
both, the Respondent No.5 Institution (Karnataka
Arts, Science and Commerce College, Bidar,
Karnataka as a Lecturer in Commerce from
18.08.1980 till 16.09.2004) and the Respondent
No.6 Institution (Maulana Azad National University,
Hyderabad as Professor of Urdu from 17.09.2004 till
date).
b) to grant such other relief or reliefs as this Hon'ble
Court deems fit in the facts and circumstances of the
case."
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2. Heard the learned counsel for the petitioner and the
learned AGA for respondent Nos.1 to 4.
3. Petitioner's husband - Prof. Dr. Khalid Saeed, was
allegedly appointed as a Urdu Lecturer in the year 1980 and
subsequently, he was promoted to the post of Selection Grade
Lecturer in the month of September, 2015. Petitioner's husband
allegedly had retired from service after attaining the age of
superannuation. The grievance of the petitioner is that the total
service of her husband has not been considered while settling
his pension and other retirement benefits. Petitioner's husband,
who was suffering from certain old age ailments, is said to have
died on 26.05.2021. In the meanwhile, he had submitted a
representation on 04.08.2020 to respondent No.2 with a
request to consider his total service period and settle his
pension and other retirement benefits. According to the
petitioner, the said representation is not considered till date.
4. Learned AGA submits that the representation is required
to be forwarded by the Principal of the Institution in which
deceased Prof. Dr. Khalid Saeed had worked and the competent
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authority to consider the said representation is respondent
No.3. He submits that till date, if the said representation is not
considered and disposed off, respondent No.3 shall consider the
same and pass appropriate orders in accordance with law, if
respondent No.5 - Institution has forwarded the said
representation either to respondent No.2 or to respondent
No.3.
5. The said submission is placed on record. The writ petition
is disposed off with a direction to respondent No.3 to consider
the representation dated 04.08.2020 at Annexure-R if the same
is already forwarded by respondent No.5 - Institution, in
accordance with law and pass appropriate orders on the same
as expeditiously as possible but not later than a period of three
months from the date of receipt of copy of this order.
6. In the event, respondent No.5 has not forwarded the said
representation at Annexure - R dated 04.08.2020 either to
respondent No.2 or respondent No.3, then respondent No.5
shall forward the representation at Annexure - R to respondent
No.3, within a period of one month from the date of receipt of
copy of this order and respondent No.3 thereafter, shall
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consider and dispose off the representation at Annexure-R
dated 04.08.2020 as expeditiously as possible but not later
than a period of three months from the date of receipt of the
representation in accordance with law.
Sd/-
(S.VISHWAJITH SHETTY)
JUDGE
DN
List No.: 1 Sl No.: 22
