Karnataka High Court
Dr. N Basavaraj vs The Government Of Karnataka on 29 November, 2022
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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WP No. 100802 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 29TH DAY OF NOVEMBER, 2022
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
WRIT PETITION NO. 100802 OF 2022 (S-R)
BETWEEN:
1. DR. N BASAVARAJ
AGE. 61 YEARS,
OCC. RETIRED
R/O DHARWAD-580001
...PETITIONER
(BY SRI. SHRIHARSH A NEELOPANT, ADVOCATE)
AND:
1. THE GOVERNMENT OF KARNATAKA
REP BY THE CHIEF SECRETARY
AGRICULTURE AND HORTICULTURE DEPARTMENT,
M.S.BUILDING, BANGALORE-560001
2. THE UNIVERSITY OF AGRICULTURAL SCIENCES
KRIHINAGAR, DHARWAD-580005
KM
SOMASHEKAR REPTD. BY ITS REGISTRAR
Digitally signed by K M 3. THE UNIVERSITY OF HORTICULTURAL SCIENCE
SOMASHEKAR
Location: High court of NAVANAGAR, BAGALKOTE-587103
Karnataka, Dharwad
Bench, Dharwad
REPTD. BY ITS REGISTRAR
...RESPONDENTS
(BY SRI V S KALASURMATH, HCGP FOR R1,
SRI K L PATIL, ADVOCATE FOR R2
SRI RAVI S BALIKAI, ADVOCAE FOR R3)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO (I) ISSUE A WRIT
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WP No. 100802 of 2022
OR ORDER OR DIRECTION IN THE NATURE OF WRIT OF
CERTIORARI TO QUASH THE IMPUGNED ORDER DATED
24.11.2020 PASSED BY THE 3RD RESPONDENT AS PER
ANNEXURE-A. (II) ISSUE A WRIT OR ORDER OR DIRECTION
IN THE NATURE OF WRIT OF MANDAMUS DIRECTING 3RD
RESPONDENT TO RELEASE THE TWO ADVANCE INCREMENTS
IN FAVOUR OF THE PETITIONER GRANTED TO THE PETITIONER
ON ACCOUNT OF ACQUISITION OF PH.D DEGREE BY
ACCEPTING THE INDEMNITY BOND EXECUTED BY THE
PETITIONER DATED 23.10.2020 AS PER ANNEXURE-C,
BEARING NO.DR/UHSB/BGK/INDEMNITY
BOND/PH.D.INCREMENT/1427/2020-21.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
This writ petition is filed challenging the communication dated 24.11.2020 issued by the 3rd respondent withholding a sum of Rs.4,08,473/- payable towards two advance increments granted to the petitioner, who is holding Ph.D degree.
2. The order dated 3.3.2009 for recovering the amount paid towards two advance increments granted in favour of a person holding Ph.D degree was the subject matter in WP Nos.62720-62754/2010 (DD 22.3.2010) which was disposed of with the following relevant directions: -3- WP No. 100802 of 2022
"2. The petitioners are hereby directed to make a representation to the Government and also to the respondent No.1 with regard to the keeping aside the excess incentive increments without merging with the basic pay and grade of pay as per the interpretation made by the University of Agriculture Sciences, Bengaluru.
6. The petitioners who are retired are hereby directed to execute their indemnity bonds in favour of 1st respondent with regard to the amount excess paid to them, to the effect that, if for any reason, the 1st respondent is entitled for recovery of the said amount in accordance with law, they would pay back the said amount subject to questioning the legal entitlement of recovery by the 1st respondent in accordance with law.
9. The 1st respondent is hereby directed to restrain itself from recovering the excess amount from the petitioners till they get the clarification from the Government."
3. In pursuance of the clarification issued by the Government in the light of the order passed by this Court in WP Nos.62720-62754/2010, the 3rd respondent has passed the order dated 20.6.2022 withdrawing the Government Order dated 3.3.2009.
4. The learned counsel for the respondent - University submits that upon withdrawal of the order dated 3.3.2009, the order withholding payment has been withdrawn and the sum of Rs.4,08,473/- is released to the petitioner. Hence, the petition has become infructuous.
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5. The submission is placed on record. Writ petition is dismissed as having become infructuous.
Sd/-
JUDGE bkm List No.: 1 Sl No.: 61