Karnataka High Court
The Universtiy Of Agricultural ... vs State Of Karnataka on 25 August, 2012
Author: Vikramajit Sen
Bench: Chief Justice, Aravind Kumar
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 25th DAY OF AUGUST 2012
PRESENT
THE HON'BLE MR.VIKRAMAJIT SEN, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE ARAVIND KUMAR
Writ Appeal Nos. 2412-2431/2012
C/W
W.A.No.2432-2440/2012, 3086-3105/2012
&
W.A.No.3116-3124/2012 (S-PRO)
In WA NO 2412-2431/2012
BETWEEN:
1. THE UNIVERSTIY OF AGRICULTURAL SCIENCES
G.K.V.K. BANGALORE 65,
REPRESENTED BY ITS REGISTRAR.
BANGALORE CITY
2. THE ADMINISTRATIVE OFFICER
UNIVERSITY OF AGRICULTURAL SCIENCES
G.K.V.K. BANGALORE 65
BANGALORE CITY.
: APPELLANTS
(By Shri. M. Sreenivasa, Advocate)
2
AND:
1. STATE OF KARNATAKA
DEPARTMENT OF AGRICULTURE
REPRESENTED BY ITS RPINCIPAL
SECRETARY, VIKASA SOUDHA,
BANGALORE-560001
2. DR G.S. MAHADEVAIAH
S/O LATE SIDDARAJU
WORKING AS ASSOCIATE PROFESSOR
DEPARTMENT OF AGRICULTURAL ECONOMICS
UNIVERSITY OF AGRICULTURAL SCIENCES
G.K.V.K. BANGALORE.
3. DR. C. UMASHANKARA
S/O LATE BYRAIAH,
AGED ABOUT 48 YERS, WORKING AS ASSISTANT
PROFESSOR (SELECTION GRADE) OFFICE OF THE
DIRECTORATE OF RESEARCH,
UNIVERSITY OF AGRICULTURAL SCIENCES,
G.K.V.K, BANGALORE.
4. MR R. PARAMESH
S/O RANGAPPA
AGED ABOUT 53 YEARS,WORKING AS ASSISTANT
PROFESSOR (SELECTION GRADE)DEPARTMENT
OF SEED SCIENCE AND TECHNOLOGY
UNIVERSITY OF AGRICULTURAL SCIENCES,
G.K.V.K, BANGALORE.
5. DR. M. THIPPAIAH
S/O MALLAIAH,
AGED ABOUT 46 YEARS,
WORKING AS ASSOCIATE PROFESSOR
DEPARTMENT OF ENTOMOLOGY
COLLEGE OF AGRICULTURE, UNIVERSITY OF
AGRICULTURAL SCIENCES, G.K.V.K.BANGALORE.
6. MR.D.S.JANARDHAN
3
S/ D.N.SUBBANNA,
AGED ABOUT 52 YEARS,
WORKING AS ASSISTANT PROFESSOR
(SELECTION GRADE) E.E.U., OFRS, NAGAN-
AHALLI, MYSORE-570003.
7. MR H.P. REVANNA
S/O K.P.PUTTASWAMY
AGED ABOUT 57 YEARS,
WORKING AS ASSISTANT PROFESSOR(SELECTION
GRADE)E.E.U., OFRS, NAGANAHALLI,
MYSORE-570003.
8. MR PUTTARAMA NAIK
S/O THAVARA NAIK,
AGED ABOUT 55 YERS,(SELECTION GRADE()
WORKING AS ASSISTANT PROFESSOR
ZONAL AGRICULTURAL RESEARCH STATION
V.C.FARM, MANDYA.
9. MR PRASANNA KUMAR
S/O VENKATARAMAIAH
AGED ABOUT 51 YEARS(SELECTION GRADE)
WORKING AS ASSISTANT PROFESSOR
DEPARTMENT OF AGRICULTURA ECONOMICS,
UNIVERSITY OF AGRICULTURAL SCIENCES
G.K.V.K.BANGALORE.
10. MR SWAMY GOWDA S.N
S/O LATE NANJE GOWDA
AGED ABOUT 52 YEARS,(SELECTION GRADE)
WORKING AS ASSISTANT PROFESSOR
ZONAL AGRICULTURAL RESEARCH STATION,
V.C.FARM, MANDYA.
11. MR M. RAJU, S/O MADAIAH,
AGED ABOUT 47 YEARS, (SELECTION GRADE)
WORKING AS ASSISTANT PROFESSOR
ZONAL AGRICULTURAL RESEARCH STATION,
V.C.FARM, MANDYA.
4
12. MR. MAHADEVAIAH
S/O SIDDAIAH
AGED ABOUT 49 YEARS,
WORKING AS ASSISTANT PROFESSOR
(SELECTION GRADE) ZONAL AGRICULTURAL
RESEARCH STATION,
V.C.FARM, MANDYA.
13. MR C.K.BALACHANDRA
S/O KEMPANNA
AGED ABOUT 55 YEARS,
WORKING AS ASSISTANT PROFESSOR
KRUSHI VIKASA KENDRA,
V.C.FARM, MANDYA.
14. DR M.S. GANAPATHY
S/O S. MAHADEVAIAH
AGED ABOUT 47 YEARS,
WORKING AS ASSOCIATE PROFESSOR,
DEPARTMENT OF AGRICULTURAL MARKETING,
CO-OPERATION AND BUSINESS MANAGEMENT,
UNIVERSITY OF AGRICULTURAL SCIENCES, G.K.V.K
BANGALORE CITY
15. R. USHA RAVINDRA
W/O DR RAVINDRA KAVALOOR,
AGED ABOUT 42 YEARS,
WORKING AS ASSOCIATE PROFESSOR,
BAKERY TRAINING UNIT, DIRECTORATE OF EXT
UNIVERSITY OF AGRICULTURAL SCIENCES
HEBBAL, BANGALORE
BANGALORE CITY
16. DR B. MOHAN RAJU
S/O LATE M. BASAVAIAH,
AGED ABOUT 46 YEARS,
WORKING AS ASSOCIATE PROFESSOR,
DEPARTMENT OF CROP PHYSIOLOGY,
UNIVERSITY OF AGRICULTURAL SCIENCES
G.K.V.K. BANGLORE, BANGALORE CITY
5
17. DR A. MOHAN RAO
S/O LATE A. VENKATA RAO,
AGED ABOUT 47 YEARS,
WORKING AS ASSOCIATE PROFESSOR,
DEPARTMENT OF GENETICS AND PLANT BREEDING,
AGRICULTURE COLLEGE, UNIVERSITY OF
AGRICULTURAL SCIENCES, G.K.V.K. BANGALORE
BANGALORE CITY
18. DR. LAKSHMIPATHAIAH O.R
S/O RANGASWAMAIAH,
AGED ABOUT 46 YEARS,
WORKING AS ASSOCIATE PROFESOR,
DEPARTMENT OF HORTICULTURE,
AGRICULTURE COLLEGE, UNIVERSITY OF
AGRICULTURAL SCIENCES, G.K.V.K.BANGALORE
BANGALORE CITY
19. DR L. KRISHNA NAIK
S/O LATE LACHMA NAIK
AGED ABOUT 50 YEARS,
WORKING AS ASSOCIATE PROFESOR,
DEPARTMENT OF AGRICULTURAL MICROBIOLOGY
AGRICULTURE COLLEGE, UNIVERSITY OF
AGRICULTURAL SCIENCES, G.K.V.K.BANGALORE
BANGALORE CITY
20. MR K.R. VASANTH
S/O K. RUPLA NAIK
AGED ABOUT 57 YEARS,
WORKING AS ASSOCIATE KPROFESSOR,
MRS HEBBAL, ZARS, GKVK
BANGALORE
AGRICULTURAL SCIENCES, G.K.V.K.BANGALORE
BANGALORE CITY
21. MR. ONKARAPPA
S/O THIPPANNA
6
AGED ABOUT 46 YEARS,
WORKING AS ASSOCIATE PROFESSOR,
AICRP HEBBAL, ZARS, GKVK, BANGALORE
BANGALORE CITY.
: RESPONDENTS
(By Shri. Basavaraj Kareddy, Principal Govt. Advocate for R1
Shri. M.S. Bhagawat, Advocate for R2 to R21)
These Writ Appeals are filed under Section 4 of the
Karnataka High Court Act praying to set aside the Order passed
in Writ Petition Nos. 12101-12120/2011 dated 11.04.2012.
In W.A.Nos.2432-2440/2012
BETWEEN:
1. THE REGISTRAR
UNIVERSITY OF AGRICULTURAL SCIENCES
GKVK CAMPUS, BANGALORE
BANGALORE CITY
2. UNIVERSITY OF AGRICULTURAL SCIENCES
GKVK CAMPUS, BANGALORE
REPRESENTED BY THE ADMINISTRATIVE
OFFICER
BANGALORE CITY
: APPELLANTS
(By Shri. R. Sridhar Hiremath, Advocate)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY
AGRICULTURE & HORTICULTURE DEPARTMENT,
M.S. BUILDING, SACHIVALAYA II,
7
BANGALORE, BANGALORE CITY
2. DR. MADHU PRASAD V.L
S/O SRI LAKSHMAIAH, AGED ABOUT 49 YEARS
ASSOCIATE PROFESSOR, DEPARTMENT OF
AGRICULTURAL EXTN., COLLEGE OF AGRICUL
TURE, GKVK, UNIVERSITY OF AGRICULTURAL
SCIENCE, BANGALORE
BANGALORE CITY
3. SRI SHIVAPPA
S/O SRI MUNIVENKATAPPA
AGED ABOUT 48 YEARS
ASSISTANT PROFESSOR (SELN. GRADE)
FARM FORESTRY, COLLEGE OF SERICULTURE
CHINTAMANI, CHICKBALLAPURA DIST
CHICKBALLAPUR
4. SRI MAHESHAPPA. K
S/O LATE SRI JAYARAMAPPA
AGED ABOUT 55 YEARS
ASSISTANT PROFESSOR (SELN. GRADE)
DEPARTMENT OF AGRICULTURAL ECONOMICS
UNIVERSITY OF AGRICULTURAL SCIENCES
GKVK, BANGALORE, BANGALORE CITY
5. SRI SRIKANTA MURTHY P.S
S/O SRI SEETARAM P.N
AGED ABOUT 52 YEARS
DEPARTMENT OF AGRIL ECONOMICS
UNIVERSITY OF AGRICULTURAL SCIENCE
GKVK, BANGALORE, BANGALORE CITY
6. DR. KRISHNAMURTHY B.V.
S/O SRI VENKATARAMANAPPA B
AGED ABOUT 53 YEARS
ASSOCIATE PROFESSOR, DEPARTMENT OF
FISHERIES, STAFF TRAINING UNIT, UAS (B)
MANGALA RAITHA BHAVANA,
HEBBAL, BANGALORE, BANGALORE CITY
8
7. DR. GOLYA NAIK. R
S/O SRI RAMADAS NAIK
AGED ABOUT 52 YEARS
ASSOCIATE PROFESSOR, DEPARTMENT OF
AGRICULTURAL EXTENSION, COLLEGE OF
SERICULTURE, CHINTAMANI,
CHIKKABALLAPUR DIST
CHICKBALLAPUR
8. SRI JAGADESSH. G.B
S/O LATE PATEL BASAPPA
AGED ABOUT 53 YEARS
ASSISTANT PROFESSOR (SELCN. GRADE)
DEPARTMENT OF HORTICULTURE EXTENSION EDU
AGRICULTURAL RESEARCH STATION, KATTALA
GERE, DAVANGERE DISTRICT
DAVANGERE
9. SRI SHARANAPPA. H.G
S/O LATE THIMMAPPA
AGED ABOUT 57 YEARS
ASSISTANT PROFESSOR, (SELN. GRADE)
EXTENSION UNIT, AGRICULTURAL RESEARCH
UNIT, HONNAVILE, BIDARE POST,
SHIMOGA DIST, SHIMOGA
SHIMOGA
10. MUNISWAMAPPA. M.V
S/O SRI VENKATAPPA
AGED ABOUT 52 YEARS
ASSISTANT PROFESSOR (SELN. GRADE)
DEPARTMENT OF STATISTICS
AGRICULTURE COLLEGE
HASSAN, HASSAN DISTRICT.
: RESPONDENTS
(By Shri. Basavaraj Kareddy, Prl. Govt. Advocate for R-1
Shri. B.B. Bajentri, Advocate for R2 to R10)
9
These Writ Appeals are filed under Section 4 of the
Karnataka High Court Act praying to set aside the Order passed
in Writ Petition Nos. 25434-442/2011 dated 11.04.2012.
In Writ Appeal Nos.3086-3105/2012
BETWEEN:
1. DR.G.S.MAHADEVAIAH
S/O.LATE SIDDARAJU
AGED ABOUT 52 YEARS
WORKING AS ASSOCIATE PROFESSOR
DEPARTMENT OF AGRICULTURAL ECONOMICS
UNIVERSITY OF AGRICULTURAL SCIENCES
G.K.V.K., BANGALORE.
2. DR.C.UMASHANKARA
S/O.LATE BYRAIAH
AGED ABOUT 47 YEARS
WORKING AS ASSISTANT PROFESSOR (SELECTION
GRADE)
OFFICE OF THE DIRECTORATE OF RESEARCH
UNIVERSITY OF AGRICULTURAL SCIENCES
G.K.V.K, BANGALORE.
3. MR.R.PARAMESH
S/O.RANGAPPA
AGED ABOUT 52 YEARS
WORKING AS ASSISTANT PROFESSOR (SELECTION
GRADE)
DEPARTMENT OF SEED SCIENCE AND TECHNOLOGY
COLLEGE OF AGRICULTURE
UNIVERSITY OF AGRICULTURAL SCIENCES
G.K.V.K, BANGALORE.
4. DR.M.THIPPAIAH
S/O.MALLAIAH
AGED ABOUT 45 YEARS
WORKING AS ASSOCIATE PROFESSOR
DEPARTMENT OF ENTOMOLOGY
10
COLLEGE OF AGRICULTURE
UNIVERSITY OF AGRICULTURAL SCIENCES
G.K.V.K, BANGALORE.
5. MR.D.S.JANARDHAN
S/O.D.N.SUBBANNA
AGED ABOUT 51 YEARS
WORKING AS ASSISTANT PROFESSOR (SELECTION
GRADE)
E.E.U., OFRS, NAGANAHALLI, MYSORE 570 003.
6. MR.H.P.REVANNA
S/O.K.P.PUTTASWAMY
AGED ABOUT 56 YARS
WORKING AS ASSISTANT PROFESSOR (SELECTION
GRADE)
E.E.U., OFRS, NAGANAHALLI
MYSORE 570 003.
7. MR.PUTTARAMA NAIK
S/O.THAVARA NAIK
AGED ABOUT 54 YEARS
WORKING AS ASSISTANT PROFESSOR (SELECTION
GRADE)
ZONAL AGRICULTURAL RESEARCH STATION, V.C.FARM
MANDYA.
8. MR.PRASANNA KUMAR
S/O.VENKATARAMAIAH
AGED ABOUT 50 YEARS
WORKING AS ASSISTANT PROFESSOR
(SELECTION GRADE)
DEPARTMENT OF AGRICULTURAL ECONOMICS
UNIVERSITY OF AGRICULTURAL SCIENCES
G.K.V.K., BANGALORE.
9. MR.SWAMY GOWDA S.N.,
S/O.LATE NANJE GOWDA
AGED ABOUT 51 YEARS
WORKING AS ASSISTANT PROFESSOR
11
(SELECTION GRADE)
ZONAL AGRICULTURAL REASEARCH STATION
V.C.FARM, MANDYA.
10. MR.M.RAJU
S/O.MADAIAH
AGED ABOUT 46 YEARS
WORKING AS ASSISTANT PROFESSOR (SELECTION
GRADE)
ZONAL AGRICULTURAL REASEARCH STATION
V.C.FARM, MANDYA.
11. MR.MAHADEVAIAH
S/O.SIDDAIAH
AGED ABOUT 48 YEARS
WORKING AS ASSISTANT PROFESSOR
(SELECTION GRADE)
ZONAL AGRICULTURAL REASEARCH STATION
V.C.FARM, MANDYA.
12. MR.C.K.BALACHANDRA
S/O.KEMPANNA
AGED ABOUT 54 YEARS
WORKING AS ASSISTANT PROFESSOR
KRUSHI VIKASA KENDRA, V.C.FARM
MANDYA.
13. DR.M.S.GANAPATHY
S/O.S.MAHADEVAIAH
AGED ABOUT 46 YEARS
WORKING AS ASSOCIATE PROFESSOR
DEPARTMENT OF AGRICLUTURAL MARKETING
CO-OPERATION AND BUSINESS MANAGEMENT
UNIVERSITY OF AGRICULTURAL SCIENCES
G.K.V.K., BANGALORE.
14. DR.USHA RAVINDRA
W/O.DR.RAVINDRA KAVALOOR
AGED ABOUT 41 YEARS
WORKING AS ASSOCIATE PROFESSOR
12
BAKERY TRAINING UNIT, DIRECTORATE OF EXTENSION
UNIVESITY OF AGRICULTURAL SCIENCES
HEBBAL, BANGALORE.
15. DR.B.MOHAN RAJU
S/O.LATE M.BASAVAIAH
AGED ABOUT 45 YEARS
WORKING AS ASSOCIATE PROFESSOR
DEPARTMENT OF CROP PHYSIOLOGY
UNIVERSITY OF AGRICULTURAL SCIENCES
G.K.V.K., BANGALORE.
16. DR.A.MOHAN RAO
S/O.LATE A.VENKATA RAO
AGED ABOUT 46 YEARS
WORKING AS ASSOCIATE PROFESSOR
DEPARTMENT OF GENETICS AND PLANT BREEDING
AGRICULTURE COLLEGE,
UNIVERSITY OF AGRICULTURAL SCIENCES
G.K.V.K., BANGALORE.
17. DR.LAKSHMIPATHAIAH O.R
S/O.RANGASWAMAIAH
AGED ABOUT 45 YEARS
WORKING AS ASSOCIATE PROFESSOR
DEPARTMENT OF HORTICULTURE
AGRICULTURE COLLEGE, UNIVERSITY OF
AGRICULTURAL
SCIENCES
G.K.V.K., BANGALORE.
18. DR.L.KRISHNA NAIK
S/O.LATE LACHMA NAIK
AGED ABOUT 49 YEARS
WORKING AS ASSOCIATE PROFESSOR
DEPARTMENT OF AGRICULTURAL MICROBIOLOGY
AGRICULTURE COLLEGE, UNIVERSITY OF
AGRICULTURAL SCIENCES
G.K.V.K., BANGALORE.
13
19. MR.K.R.VASANTH
S/O.K.RUPLA NAIK
AGED ABOUT 56 YEARS
WORKING AS ASSOCIATE PROFESSOR
MRS.HEBBAL, ZARS, GKVK
BANGALORE.
20. MR.ONKARAPPA
S/O.THIPPANNA
AGED ABOUT 45 YEARS
WORKING AS ASSOCIATE PROFESSOR
AICRP, HABBEL, ZARS
GKVK, BANGALORE. ....APPELLANTS
(BY SRI M.S.BHAGWAT, ADV. )
AND:
1. THE UNIVERSITY OF AGRICULTURAL SCIENCES
REPRESENTED BY ITS ADMINISTRATIVE OFFICER
GKVK, BANGALORE 560 065.
2. THE UNIVERSITY OF AGRICULTURAL
SCIENCES
REPRESENTED BY ITS REGISTRAR
G.K.V.K, BANGALORE 560 065.
3. THE STATE OF KARNATAKA
DEPARTMENT OF AGRICULTURE
REPRESNTED BY ITS PRINCIPAL SECRETARY
VIKASA SOUDHA
BANGALORE 560 001.
...RESPONDENTS
(SRI BASAVARAJ KAREDDY, PRL.GA FOR R3,
BY M.SREENIVASA, ADV. FOR R1 AND R2 (VK FILED)
THESE WRIT APPEALS FILED UNDER SECTION 4 OF
THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE
14
THE ORDER PASSED IN THE WRIT PETITION NO.22101-
120/2011 DATED 11.04.2012.
IN WRIT APPEAL NOs.3116-24/2012
BETWEEN:
1. DR.MADHU PRASAD V.L.,
S/O.LAKSHMAIAH
AGED ABOUT 49 YEARS
ASSOCIATE PROFESSOR
DEPARTMENT OF AGRICULTURAL EXTENSION
COLLEGE OF AGRICULTURE
GKVK, UNIVERSITY OF AGRICULTURAL SCIENCE
BANGALORE 560 065.
2. SRI SHIVAPPA
S/O.MUNIVENKATAPPA
AGED ABOUT 47 YEARS
ASSISTANT PROFESSOR (SELECTION GRADE)
FARM FORESTRY, COLLEGE OF SERICULTURE
CHINTAMANI 563 125.
CHIKKABALLAPURA DISTRICT.
3. SRI SRIKANTAMURTHY P.S.,
S/O.SEETARAM P.N.,
AGED ABOUT 51 YEARS
DEPARTMENT OF AGRICLUTURAL ECONOMICS
GKVK, UNIVERSITY OF AGRICULTURAL SCIENCE
BANGALOE 560 065.
4. DR.KRISHNAMURTHY B.V.,
S/O.VENKATARAMANAPPA B.,
AGED ABOUT 52 YEARS
ASSOCIATE PROFESSOR
DEPARTMENT OF FISHERIES
STAFF TRAINING UNIT, UAS (B),
MANGALA RAITHA BHAVANA
HEBBAL, BANALORE.
15
5. DR.GOLYA NAIK R.,
S/O.SRI RAMADAS NAIK
AGED ABOUT 51 YEARS
ASSOCIATE PROFESSOR
DEPARTMENT OF AGRICULTURAL EXTENSION
COLLEGE OF SERICULTURE
CHINTAMANI 563 125,
CHIKKABALLAPURA DISTRICT. ...APPELLANTS
(BY SRI B.B.BAJENTRI, ADV. )
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY IS PRINCIPAL SECRETARY
AGRICULTURAL & HORTICULTURAL DEPARTMENT
M.S.BUILDING, SACHIVALAYA-II
BANGALORE 560 001.
2. THE REGISTRAR
UNIVERSITY OF AGRICULTURAL SCIENCE
GKVK CAMPUS
BANGALORE 560 065.
3. THE UNIVERSITY OF AGRICULTURAL SCIENCES
GKVK CAMPUS
BANGALORE 560 065,
REPRESENTED BY ITS ADMINISTRATIVE OFFICER
4. SRI MAHESHAPPA K.,
S/O.LATE SRI JAYARAMAPPA
AGED ABOUT 55 YEARS
ASSISTANT PROFESSOR (SELECTION GRADE)
DEPT. OF AGRICULTURAL ECONOMICS
GKVK, UNIVESITY OF AGRICULTURAL SCIENCE
BANGALORE 560 065.
5. SRI JAGADEESH G.B.,
S/O.LATE PATEL BASAPPA
AGED ABOUT 52 YEARS
16
ASSISTANT PROFESSOR (SELECTION GRADE)
DEPARTMENT OF HORTICULTURE
EXTENSION EDUCATION UNIT
AGRICULTURAL RESEARCH STATION
KATTALAGERE
DAVANGERE DISTRICT.
6. SRI SHARANAPPA H.G.,
S/O.LATE THIMMAPPA
AGED ABOUT 56 YEARS
ASSISTANT PROFESSOR (SELECTION GRADE)
EXTENSION UNIT, AGRI.RESEARCH UNIT
HONNAVILE, BIDARE POST
SHIMOGA
SHIMOGA DISTRICT.
7. SRI MUNISWAMAPPA M.V,
S/O.SRI VENKATAPPA
AGED ABOUT 52 YEARS
ASSISTANT PROFESSOR (SELECTION GRADE)
DEPARTMENT OF STATISTICS
AGRICULTURAL COLLEGE
HASSAN 573 225
HASSAN DISTRICT. ...RESPONDENTS
(BY SRI BASAVARAJ KAREDDY, PRL.GA
FOR R1,
SRI R.SRIDHAR HIREMATH, ADVOCATE FOR R2 & R3)
These Writ Appeals are filed under Section 4 of the
Karnataka High Court Act praying to set aside the Order passed
in Writ Petition Nos. 25434-442/2011 dated 11.04.2012.
These Writ Appeals having been heard and reserved for
pronouncement of Judgment, this day, the Chief Justice
delivered the following :
17
JUDGMENT
Vikramajit Sen, C.J.
Writ Petition Nos.22101-22120/2011 contain a prayer to quash the Order/Notification dated 23.04.2011 and for restoration of the Respondent University's Orders dated 16.11.2009, 03.02.2010, 06.02.2010 and 31.03.2010 with all consequential monetary benefits. Writ Petition Nos.25434- 25442/2011 also prays for setting aside of Orders dated 23.04.2011; as also a direction to the Respondent-UAS to amend its Notification No.AO/RT/CAS-96/2005-06 dated 15.07.2005 so as to incorporate therein the counting of past services rendered by the Petitioners as Instructor/Research Assistants/Extension guides in terms of the direction issued by the Government vide Orders dated 26.07.2005 and 10.01.2006; and for restoration of Orders dated 03.02.2010 and 06.02.2010.
2. It will be relevant to advert to a Single Bench decision rendered in the case of six writ petitioners placed in almost identical positions to those of the contesting petitioners. This decision is dated 14.12.1994 in WP Nos.6305, 6314, 6316, 6319, 6601 and 6608/1993 which we shall refer to as Dr. 18 Murali Mohan Rao. Of the six Petitioners, five had been awarded Doctorates and one was a Post-Graduate. In 1994, the learned Single Judge M.F. Saldanha J was called upon to interpret Article 30(4-C) of the Statutes of University of Agricultural Sciences, Bangalore. Article 30(4-C) and (4-D) reads as follows;
" 30(4-C) Notwithstanding the above provisions, teachers in the cadre of Assistant Professors shall also be appointed to the cadre of Associate Professors through promotion as indicated below:-
1. Teachers in the cadre of Assistant Professors doing teaching, research and Extension work with Ph.D and 12 years of experience or without Ph.D with 15 years of experience may be considered eligible for promotion to the cadre of Associate Professor, provided their work in teaching/research/extension and the confidential records are satisfactory as evaluated by a Screening Committee constituted by the Vice-Chancellor consisting of three experts in the concerned subject drawn from outside the University.
The following note is added to the Statute 30(4-C) as an explanation to the word "experience":-
19
Note: Experience includes and covers the service rendered by the Assistant Professor as Instructor/Research Assistant/Extension Guide in the University or as Demonstrator/ Tutor in Degree Colleges/Post Graduate Departments and the service rendered in equivalent posts in the Department of Agriculture, Horticulture, Forestry, Sericulture, Animal Husbandry, Marketing and Co- operation and Fisheries for reckoning the total service while determining the eligibility for promotion as Associate Professor."
2. . . . .
3. . . . .
" 30(4-D) Notwithstanding the above provisions, teachers in the cadre of instructors may also be appointed to the cadre of Assistant Professors through promotion as indicated below:-
1. Teachers in the cadre of Instructors, doing teaching research and extension work with 5 years of continuous service in the University of which 3 years shall be after the Master's degree and possessing requisite qualification for the post of Assistant Professor may be considered eligible for promotion to the cadre of Assistant Professor provided their work in teaching/research/extension and the confidential reports are satisfactory and evaluated by a Screening Committee constituted by the Vice-Chancellor 20 consisting of three experts in the concerned subjects drawn from outside the University.
Provided that in the case of teachers who are already working in the University on the date of commencement of this Statute in the cadre of Instructors and holding only Bachelor's Degree shall also be promoted to the cadre of Assistant Professor if they have put in 10 years of continuous service in the University. However, they shall not be eligible for any further promotion under this scheme.
No additional extra staff be provided in the category of posts from which a person has received promotion to the next higher post consequent on the implementation of the scheme. The work load should therefore be adjusted suitably without seeking additional posts.
A person, who is not recommended for promotion by the Screening Committee once, may request for reconsideration of this case for promotion again after one year."
Article 30(4-C) in its entirety has been deleted vide Notification No.R.B.D.Statutes Amendment/2000 dated 13.01.2000 and which was published in the Karnataka Gazette on 14.01.2000 and the extant provisions now read as follows: 21
"The scheme of Career Advancement shall be stipulated by the URC ICAR from time to time."
3. In the 'Dr. Murali Mohana Rao' petitions it was noted that the petitioners had been promoted to the post of Assistant Professors with effect from 26.02.1987. Construing the then existing Article 30 (4-C) of the Statutes which has been extracted above, the learned Single Judge had noted that the promotion of those petitioners was purely personal and that the post held by those candidates was notionally upgraded with no addition to the number of posts existing in the higher cadre of Associate Professor. The arguments of University of Agricultural Sciences, Bangalore (UAS) that the period of 12 years experience in the case of those holding Doctorates, and 15 years experience for those possessing post-graduate/Master degree qualification is not restricted to services rendered in the cadre of Assistant Professor, but would include services rendered in the lower cadre of "Instructors". It would be fatal to lose sight of the fact that the Explanation to the then Article 30 (4-C) clarified this state of affairs. Article 30 contemplates the 22 existence of four Grades or cadres namely Professor at the apex, followed next by Associate Professor, next by Assistant Professor with Instructor at the lowest grade. The automatic promotion under the Career Advancement Scheme (CAS) from 'Instructor' to 'Assistant Professor' required five years of continuous service with Master's Degree, together with the satisfaction and favourable evaluation of a Screening Committee constituted by the Vice Chancellor.
4. Adverting to the decision of the learned Single Judge, which it will be relevant to mention attained finality since no appeal had been preferred by the UAS, it was repeatedly clarified that promotions effected under the Career Advancement Scheme (CAS) or the Time Bound Promotion Scheme (TBPS) did not have the effect of creating additional posts either in the cadre of Assistant Professors or Associate Professors; no supernumerary posts came into being in either of these cadres. In that case, as well as in the case before us, it has not been contended by the UAS that the Service Record or Confidential Reports of any of the Petitioners was unsatisfactory. The argument that is now proffered on behalf of 23 UAS is that the criteria of 12/15 years experience has to commence from the date on which each Petitioner had assumed the responsibilities and duties in the Assistant Professor Cadre, disregarding the earlier experience in the cadre of Instructor. The learned Single Judge in Dr. Murali Mohan Rao relied heavily on the note of Article 30(4-C) which clarify that the computation of experience must include the cadre of Instructor/Research Assistant/Extension Guide. The Writ Petitions were allowed by Saldanha J interalia with directions to the UAS to effect deemed promotion together with all consequential benefits on the completion of total and combined period of 12/15 years experience. The UAS sought to Review the decision immediately on its being pronounced on the ground that it would require the creation of additional posts in the cadre of Associate Professor and that the financial implications of compliance with the directions of the learned Single Judge were of the widest proportions. Both these contentions were summarily rejected.
5. Several Teachers of the UAS Bangalore have now filed fresh Writ Petitions in this Court which can be segregated 24 into two batches. The first batch are WP.Nos 1739-1743/2011 C/W WP Nos. 888-892/2011, 935-937/2011, 6953/2011, 35961-35962/2010, 36562-36566/2010, 36850/2010, 37360- 37368/2010, 38935-38942/2010 and 40722-40724/2010; and the second batch are WP.Nos. 22101-22116/2011, 22117- 22120/2011, 17998/2011, 25434/2011 and 30679/2011. In the first batch, the Teachers had claimed entitlement for promotion as per the Orders passed by the Vice Chancellor which was subsequently not followed by the Board of the UAS, as those Orders were found to be in variance to the Guidelines in the Career Advancement Schemes 1996. The prayer in the first batch of the Writ Petitions was for quashing the Order of the Registrar of the University of Agricultural Sciences dated 28.08.2010 and to direct the UAS to grant benefit of Government Order dated 26.07.2005, corrigendum dated 10.01.2006 and to re-fix their pay by granting Career Advancement Schemes 1996 as per the Government Order dated 15.07.2005.
6. In the second batch, viz., WP.Nos. 22101- 22120/2011, 17998/2011, 25434-25442/2011 and 25 30679/2011, the prayer of the Writ Petitioners-Teachers was for quashing of Orders dated 23.04.2011 passed by the Board of the UAS., withdrawing the earlier promotion Orders which were predicated on counting the entire past services rendered in the Cadre of Instructor/Research Assistant/Extension Guide and, further ordering the initiation of steps to recover the excess salary paid to them.
7. The learned Single Judge (Anand Byrareddy J) by his Orders dated 07.03.2011 disposed off the first batch of the writ petitions by remanding the matter to the Board of UAS for taking "an early decision in the matter", but maintaining the statu-squo that was existing on that date namely, the continuance of the Petitioners' promotions to the cadre of Associate Professors and restraining the recovery of so-called excess of salary paid as a consequence of their reversion. The learned Single Judge (H.N. Nagmohan Das J) by his Orders dated 11.04.2012 allowed the second batch of the Writ Petitions and thereby quashed the impugned Order dated 23.04.2011 passed by the Board of the UAS; and yet again remanded the entire dispute to the Respondent-University to take final 26 decision as directed by this Court in the earlier Orders dated 07.03.2011 passed in the first batch of the Writ Petitions and keeping in view the Government Orders dated 26.07.2005 and 10.01.2006 and also the University Statutes 30 (7) in Chapter- IV and further directed the University to continue the benefit extended to the Teachers until the Board had taken its decision. It is these Orders dated 23.04.2011 which were the subject matter of the second (actually third if the Orders dated 14/21- 12-1994 are kept in mind) salvo of litigation. All the Petitioners- Teachers have assailed the second remand Order contending before us that there was sufficient material for sustaining their previous Orders of promotion with consequential benefits. On the other hand, the University affirms the legal correctness of its decision dated 23.04.2011.
8. The Order dated 23.04.2011 is on the subject of "withdrawal of promotion orders issued under CAS-1996 by counting the past service". It took note, interalia, of the Orders dated 07.03.2011 passed in the first batch of Writ Petitions; and after the examination of the cases of the Teachers, decided to 27 extend the benefit only to the candidates found eligible as per the CAS-1996 Guidelines.
9. The arguments addressed before the learned Single Judge who passed the impugned Orders had been reiterated before us. We shall briefly revert to the Orders of Saldanya J dated 14/21-12-1994 who issued direction similar to those that had been prayed for in the batch of writ petition from which the present Appeals arise. The Orders dated 14.12.1994 have attained finality. The same conclusion could have been arrived at subsequently by the two learned Single Judges but for the fact that Article 30 (4-C) of the Statute stood deleted with effect from 14.01.2000. It will be recalled that Article 30 (4-C) had contained Note by way of an explanation to the word "experience" clarifying that it covers service rendered by Assistant Professors while in the cadre of Instructor for reckoning the total service for determining the eligibility for promotion to the cadre of Associate Professor. The deletion of this Article, as we have already mentioned, simultaneously saw the introduction of Article 30 (7), which is the bedrock of the 28 arguments of learned counsel for the Assistant Professors- Petitioners, and reads thus:-
"30(7). Ordinarily teachers shall be started on the minimum of the grade. But, the Board may when necessary to meet the best interest of the University give a higher starting salary after recording the reason therefore.
**In case of Instructors/Research Assistants/Extension Guides in the University shall be in the pay scale of Rs.5575-125-5700- 150-7200-200-8800-260-10620, with effect from 1-4-1998 and as amended by the State Government from time to time."
10. The annuls of the legal nodes before us may be briefly recounted. On 05.06.2003, the University of Agricultural Sciences Bangalore (UAS) had addressed a letter to the State Government enquiring as to whether Assistant Professors could be promoted under the CAS. A subsequent letter of the UAS to the State Government dated 06.06.2005 informed the State Government that if the services rendered by the Assistant Professor while in the cadre of Instructor was taken into reckoning for implementation of the CAS 1996, the 29 cost involved would be approximately Rs.1,40,00000/-. The Government Order dated 26.07.2005 as amended on 10.01.2006 reads as follows:-
"Government Order No:KRUTHOE 51 KRUVV 2000, Bangalore dated 26.07.2005:
In the preamble it is explained that the period of service of Instructors/Research Assistant /Extension Guides who worked earlier in the University of Agricultural Sciences and now working as Assistant Professors, has to be considered under Career Development Scheme for the post of Assistant Professor's post, has been received and ordered as hereunder some conditions.
1) This benefit is not available to those who have got similar benefit of counting the service rendered as Research Assistant/Instructor/Extension Guide for the purpose of TBP or MUS.
2) The services rendered by the Research Assistant/Instructor/Extension Guide will be counted as qualifying service. Promotions will be given only after obtaining Master Degree.
3) Fixation of pay on promotion under Career Advancement Scheme by counting the service 30 rendered in the Cadre of Research Assistant/Instructor/Extension Guide shall be notional and monetary benefit shall be admissible from 14.01.2000.
4) The service rendered in the cadre of Research Assistant/Instructor/Extension Guide shall not count for seniority in the cadre of Assistant Professor".
(underlining added by us) Contrary to the submissions made before us by the learned counsel for the Teachers the above Government Order clarifies that previous experience will not be added on in the cadre of Assistant Professor. This Government Order militates against the case of the Teachers and fortifies the contentions put forth on behalf of the UAS, Bangalore.
11. A perusal of letter dated 02.01.2008 of the UAS Dharwad evidences that the University had given effect to the CAS 1996 by upgrading the post held by the incumbents by way of "personal position" only. Similar Orders have been passed by the University of Horticultural Sciences, Bagalkot by Orders 31 dated 23.11.2009. Neither of these Orders clarifies that the services rendered by the Assistant Professor while in the cadre of Instructor was taken into account for reckoning the qualifying service for promotion to that higher cadre. However, this was the assertion made by the learned counsel for the Assistant Professors/Petitioners and since it is not controverted by the learned counsel for the Respondent-University, we shall assume the position that the services rendered in the cadre of Instructors/Research Assistants/Extension Guides was included in the reckoning of 12 or 15 years for further 'promotion' to the cadre of Associate Professor.
12. We have perused Annexure-T which is the Notification dated 15.07.2005 issued by the Respondent-UAS on the subject "Implementation of Career Advancement Scheme for Teachers in the UAS, Bangalore - Guidelines for Career Advancement Scheme". The relevant extracts of the said Notification are reproduced below:-
"1. Career Advancement:
(a) Minimum length of service for eligibility to move into the grade of Lecture (Senior Scale)/Assistant 32 Professor (Senior Scale) would be four years for those with Ph.D., five years of those with M.Phil, and six years for others as Assistant Professor/Lecturer and for eligibility to move into the grade of Assistant Professor (Selection Grade)/Lecturer (Selection Grade)/ Associate Professor/Reader, the minimum length of service as Lecturer (Sr. Scale)/Assistant Professor (Sr. Scale) shall be uniformly five years.
b) For movement into grades of Associate
Professor/Reader and above, the minimum
eligibility criterion would be Ph.D. Those
Teachers without Ph.D. can go up to the level of Assistant Professor (Selection Grade)/Lecturer (Selection Grade).
c) An Associate Professor/Reader with a minimum of eight years of service will be eligible for consideration for appointment as a Professor.
d) The Selection Committee for Career Advancement shall be the same as those for direct recruitment for each category.
e) The existing scheme of Career Advancement for non - academic staff namely - Assistant Director of Physical Education/Assistant Registrar/ Assistant Librarian would continue (This Scheme is not implemented in the University).33
2. ELIGIBILITY CRITERIA:
2.1 . . . . . .
2.2 Lecturer/Assistant Professor (Selection Grade):
Lecturer/Assistant Professor in the Senior scale who do not have a Ph.D, degree or equivalent published work, and do not meet the scholarship and research standards, but fulfill the other criteria given above for the post of Reader/Associate Professor and have a good record in teaching and preferably, have contributed in various ways such as to the corporate life of the institution, examination work or through extension activities, will be placed in the Selection Grade, subject to the recommendations of the Selection Committee which is the same as for promotion to the post of Reader/Associate Professor. They will be designated as Lecturers/Assistant Professors in the Selection Grade. They would offer themselves for fresh assessment after obtaining Ph.D. and/or fulfilling other requirements for promotion as Reader/Associate Professor, if found suitable could be given the designation of Reader/Associate Professor.
2.3 Reader/Associate Professor (Promotion):-34
A Lecturer/Assistant Professor in the Senior Scale will be eligible for promotion to the post of Reader/Associate Professor, if he/she has:
(i) Completed five years of service in the Senior Scale.
(ii) Obtained Ph.D. degree or has equivalent published work.
(iii) A lecture (Senior Scale)/Assistant Professor (Senior Scale) who acquires Ph.D. at any time within 9 years of service is eligible for promotion to the post of Reader/Associate Professor after completion of 9 years service in Lecturer/Lecturer (Sr. Scale)/Assistant Professor/Assistant Professor (Sr. Scale) or equivalent;
(iv) Made some mark in the areas of scholarship and research as evidenced e.g. self - assessment, reports of referees, quality of publications, contribution in educational innovation, design of new courses and curricula and extension activities;
(v) After placement in the Senior Scale, participated in two refresher courses/summer institutes of approved duration or engaged in other appropriate continuous education programmes of comparable quality as may be specified or approved by the University Grants Commission/ICAR. And
(vi) Possesses consistently good performance appraisal reports.
352.4 Promotion to the post of Reader/Associate Professor will be brought through a process of selection by a Selection Committee to be set up under the Statutes/Ordinances of the University or other similar Committees set up by the appointing authorities.
2.5 . . . . . .
2.6 . . . . . .
3. COUNTING OF PAST SERVICE:
Previous service, without any break as a lecturer or equivalent, in a University college, National Laboratory or other scientific organization e.g. CSIR, ICAR, UGC, DRDO, ICSSR, ICHRI and as a UGC Research Scientist, should be counted for placement of lecturer Senior Scale/Selection grade provided that;
(i) The post was in an equivalent grade/scale of pay as the post of a Lecturer/Assistant Professor.
(ii) The qualifications for the post were not lower than the qualifications prescribed by the UGC for the post of Lecturer/Assistant Professor.
(iii) The candidates who apply for direct recruitment should apply through proper channel.
(iv) The concerned Lecturers/Assistant Professors possessed the minimum qualification prescribed by the UGD.36
(v) The post was frilled in accordance with prescribed selection procedure as laid down by the University/State Government /Central Government / Institution's regulation.
(vi) The appointment was not Ad-hoc or in a leave vacancy of less than one year duration. Ad-hoc service of more than one year duration can be counted provided: a) the Ad-hoc service was of more than one year duration, b) the incumbent was appointed on recommendation of duly constituted Selection Committee; and c) the Incumbent was selected to the permanent post in continuation of the adhoc service, without any break.
(vii) * The past service rendered as Reader, Associate Professor in the pay scale of Rs.3700-5700 (Pre -
revised) or Rs.12,000 - 18300 (revised) in any other recognized University/College under National Academy of Agricultural Sciences (NAAS) be counted for promotion to the post of Professor under Career Advancement Scheme".
These provisions substantially deal with the question of equivalence and do not clarify the conundrum before us. 37
13. We have also perused the "Scheme for Career Advancement of ARS Scientists under ICAR effective from 01.01.1996". The sundry clauses clarify that the minimum service that has to be taken into account is "service without any break" and in the previous cadre, as in the hierarchy of cadres.
14. Learned counsel for the Assistant Professors/Petitioners has not disclosed any Government Orders under Article 30 (7) which indicates that services rendered in the lower cadre shall be taken into account and added for calculation of eligibility for 'personal promotion' under the CAS-1996 in the next cadre also. We cannot lose sight of the fact that with the deletion of Article 30 (4-C), the explanatory note appended thereto stood deleted. As has been already noted, the Respondent-UAS had not assailed those Order dated 14.12.1994 of the learned Single Judge which permitted the addition of service in the lower cadre for reckoning eligibility for "personal promotion" to the next cadre. In that case, the years of service as Instructor were added to the number of years of service as Assistant Professors for meeting the criteria of 12 or 15 years as the case demanded. The 38 Career Advancement Scheme brings into effect artificial promotion because of lack or dearth of promotional avenues; it seeks to combat and alleviate stagnation in a particular cadre. There has to be strong reasons therefore to take into account services rendered in any previous cadre since those services have already been accounted for while effecting 'promotion', on purely personal basis, to the next cadre. The Rules of the ICAR also point in this direction inasmuch as, it refers to "service in that grade". If this was not the position, the deletion of Article 30 (4-C) and with its clarificatory Note, should not have been effected nor should have been substituted by Article 30 (7). We reiterate that our attention has not been brought to bear on any Government Order or Notifications subsequent to 14.01.2000 which is indicative of the resolve to include the services rendered in the lower cadre for promotion under the CAS 1996 to the next higher cadre. The deletion of Article 30 (4-C) points in the opposite direction. It is for these reasons that we must conclude that the stand adopted by the UAS Bangalore cannot be found fault with. The effect is that those desirous of taking advantage of the CAS 1996 for seeking advancement or 39 'promotion' from the cadre of Assistant Professors to the next higher cadre of Associate Professors, should have to their credit service in the cadre of Assistant Professor for 12 or 15 years as the case may be.
In these circumstances the Writ Petitions filed by the Teachers/Petitioners are devoid of merit. The Writ Appeals filed on behalf of the University of Agricultural Sciences Bangalore are allowed by affirming the Order dated 23.04.2011 bearing No.AO/RT/CAS-96/Prom/Withdrawal/2011-12, and consequences that flow there from shall follow.
Parties shall bear their respective costs.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE VR