[Cites 2, Cited by 0]
Karnataka High Court
Smt. Shakuntala W/O Shreshailappa ... vs The State Of Karnataka on 17 March, 2026
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NC: 2026:KHC-D:4269
WP No. 101520 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 17TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MS. JUSTICE JYOTI M
WRIT PETITION NO. 101520 OF 2026 (S-RES)
BETWEEN:
1. SHRI. PRAKASH S/O. IRAPPA PATTAR
AGE. 60 YEARS,
OCC. LECTURER (RETD.),
KARNATAKA AREA COMMITTEE OF
S.P. MANDAL KOLHAPUR'S,
SHRI. VIVEKANAND KALA MANDIR,
RAIBAG, R/O. VIDYA NAGAR, RAIBAG-591317,
TQ. RAIBAG, DIST. BELAGAVI.
2. SHRI. VEERABHADRAPPA D. SALI,
AGE. 62 YEARS,
OCC. PRINCIPAL (RETD.),
KARNATAKA AREA COMMITTEE OF
S.P. MANDAL KOLHAPUR'S,
SHRI. VIVEKANAND KALA MANDIR,
RAIBAG, R/O. UGARGOL-5911,
TQ. SAUNDATTI, DIST. BELAGAVI.
3. SHRI. H.M. VISHWANATH
Digitally signed by
PREMCHANDRA S/O. SHRI. GURUSIDDAMURTHY HIREMATH,
MR
Location: HIGH AGE. 60 YEARS,
COURT OF
KARNATAKA OCC. LECTURER (RETD.),
MAHESH ARTS SCHOOL, MUDHOL,
R/O. KADASIDDESHWAR COLONY,
5TH CROSS, JAMAKHANDI-587301,
TQ. JAMAKHANDI, DIST. BAGALKOT.
4. SHRI. GIRISH S/O. VEERABHADRAPPA HAMPANNAVAR,
AGE. 61 YEARS, OCC. LECTURER (RETD.),
MAHESH ARTS SCHOOL, MUDHOL,
R/O. 4TH CROSS, KADASIDDESHWAR COLONY,
JAMAKHANDI-587301, TQ. JAMAKHANDI,
DIST. BAGALKOT.
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WP No. 101520 of 2026
HC-KAR
5. SHRI. SOMALINGAPPA S. BIRADAR,
AGE. 62 YEARS, OCC. LECTURER (RETD.),
SHRI. REVANASIDDESHWAR VIDYA
VARDHAK SANGHA'S
ARTS COLLEGE, HUVINAHIPPARAGI,
R/O. KARIBHANTANAL-586208,
TQ/DIST. VIJAYAPURA.
6. SHRI. SUBHAS S/O. NEELAPPA BANAPPANAVAR,
AGE. 61 YEARS, OCC. PEON (RETD.),
KARNATAKA AREA COMMITTEE OF
S.P. MANDAL KOLHAPUR'S
SHRI. VIVEKANAND KALA MANDIR,
RAIBAG, R/O. SAVADATTI-591317,
TQ. SAVADATTI, DIST. RAIBAG.
...PETITIONERS
(BY SRI. SUHAS.K.HOSAMANI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
R/BY ITS SECRETARY,
TO THE DEPARTMENT OF COLLEGIATE EDUCATION,
VIDHAN SOUDHA, BENGALURU-560001.
2. THE COMMISSIONER,
DEPARTMENT OF COLLEGIATE AND
TECHNICAL EDUCATION,
SHESHADRI ROAD,
BENGALURU-560001.
3. THE REGIONAL JOINT DIRECTOR,
DEPARTMENT OF COLLEGIATE EDUCATION,
MINI VIDHAN SOUDHA,
D. C. COMPOUND,
DHARWAD-580001,
TQ/DIST. DHARWAD.
4. THE PRINCIPAL,
KARNATAKA AREA COMMITTEE OF
S. P. MANDAL KOLHAPUR'S
SHRI. VIVEKANAND KALA MANDIR,
RAIBAG-591317,
TQ. RAIBAG, DIST. BELAGAVI.
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WP No. 101520 of 2026
HC-KAR
5. THE PRINCIPAL,
JAY VIJAY MAHILA MULTIPURPOSE
EDUCATIONAL ASSOCIATION'S
THE MAHESH ARTS SCHOOL, MUDHOL,
MUDHOL-587313, TQ. MUDHOL,
DIST. BAGALKOT.
6. THE PRINCIPAL,
SHRI. REVANASIDDESHWAR
VIDYA VARDHAK SANGHA'S
ARTS COLLEGE HUVINAHIPPARAGI-586208,
TQ. HUVINAHIPPARAGI,
DIST. VIJAYAPURA.
...RESPONDENTS
(BY SMT. GIRIJA HIREMATH, HCGP FOR R1 TO R3;
NOTICE TO R4 TO R6 IS SERVED AND UNREPRESENTED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 227 OF THE
CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS.
THIS WRIT PETITION IS LISTED FOR ORDERS, THIS DAY, AN
ORDER IS MADE AS UNDER:
ORAL ORDER
Sri.Suhas K.Hosmani, counsel for the petitioners and
Smt.Girija Hiremath, HCGP for respondents 1 to 3 have appeared
in person.
2. The short facts are as follows:
The petitioners 1 to 5 were appointed as Lecturers in
respondents' 4 to 6 colleges and their appointment was approved
and sanctioned with a grant in aid with respondents 1 to 3.
Petitioner No.6 was appointed as Attender in respondent No.4
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HC-KAR
College and his appointment was also approved and sanctioned
with the granting aid. During 2024 and 2025 all the petitioners
after attaining the age of superannuation are retired from
services.
As the matter stood thus in 2025, the third respondent
issued impugned communications/ orders by re-fixing the pay
scale of the petitioners and further ordered to withhold and
recover the excess amount paid to the petitioners from their
terminal benefits. Under these circumstances, they are before
this court.
3. Counsel for the respective parties urged several
contentions.
HCGP urging other contentions, justified the action on the
part of the Government and submits that petition is devoid of
merits and the same may be dismissed.
4. Heard the arguments and perused the papers with
care.
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HC-KAR
5. The excess salary paid to the petitioners is not on
account of the fault of the petitioners. The law is settled by the
Hon'ble Apex Court in STATE OF PUNJAB AND OTHERS VS.
RAFIQ MASIH (WHITE WASHER) AND OTHERS reported in
(2015) 4 SCC 334. The Hon'ble Apex Court has held that the
right of a State as employer to recover amount paid in excess to
employee without any fault of employee is impermissible. Hence,
the impugned communications are liable to be quashed.
6. The Writ of certiorari is ordered. The order
dated:28.04.2025 issued by respondent No.3 vide Annexure-H
and the impugned communications dated:11.08.2025,
22.05.2025, 22.05.2025, 02.09.2025 and 16.01.2025 issued by
respondent No.3 vide Annexures-H1 to H5 are quashed.
7. Accordingly, the Writ Petition is allowed.
Sd/-
(JYOTI M)
JUDGE
MRP
List No.: 2 Sl No.: 4
