Dr N Lakshmi v. State of Karnataka

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 4767 OF 2026 (S-RES) BETWEEN:

DR. N. LAKSHMI SENIOR PROFESSOR AND DEAN (ACADEMIC) KARNATAKA STATE OPEN UNIVERSITY MUKTHAGANGOTRI, MYSURU MYSURU-570006 R/AT NO.162, MOOV AND C.S LAYOUT, PANDAVANA ROAD, KUMPEVUNAGAR MYSURU-570023. …PETITIONER (BY SRI. A D RAMANAND, ADVOCATE)

AND:

¶1STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HIGHER EDUCATION, VIDHANASOUDHA, BENGALURU-560001.

¶2THE PRINCIPAL SECRETARY TO GOVERNMENT HIGHER EDUCATION DEPARTMENT M.S. BUILDING, AMBEDKAR VEEDHI BENGALURU-560001.

Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA

¶3THE REGISTRAR KARNATAKA STATE OPEN UNIVERSITY MUKTHAGANGOTRI UNIVERSITY, MYSORE MYSORE-570006.

¶4UNION OF INDIA REPRESENTED ITS SECRETARY MINISTRY OF HUMAN RESOURCES AND DEVELOPMENT, DEPARTMENT OF HIGHER EDUCATION SHASTRI BHAVAN, NEW DELHI-110001.

¶5UNIVERSITY GRANTS COMMISSION REPRESENTED BY ITS SECRETARY O/O BAHADUR SHAH ZAFAR MARG, NEW DELHI-110002. …RESPONDENTS (BY SRI. H.R. SHOWRI, ADVOCATE FOR R5; SRI. G. RAMESH NAIK, AGA FOR R1 AND R2; SRI. T.P. RAJENDRA KUMAR SUNGAY, ADV. FOR R3; SRI. JAGADISH G. KUMBAR, CGC FOR R4)

THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO PAY SALARY REGULARLY FROM JULY 2025 ONWARDS AS PER THE LAST DRAWN SALARY OF RS.3,79,179/- TILL DISPOSAL OF WP NO. 16396/2025 OR TILL ATTAINMENT OF 65 YEARS OF AGE AND ETC.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI

ORAL ORDER

The petitioner filed this writ petition seeking for mandamus directing the respondents to pay salary regularly from July 2025 onwards as per the last drawn salary of Rs.3,79,179/- till disposal of W.P.No.16396/2025 or till attainment of 65 years of age and also sought for quashing the endorsement issued by respondent No.3 dated

30.06.2025 fixing unorthodox salary of Rs.25,000/- to the petitioner.

¶2The petitioner filed this writ petition stating that the petitioner filed a writ petition in W.P.No.16396/2025 seeking extension of service of retirement age from 62 to 65 years as per UGC Regulation which is a pending issue for consideration before the Hon'ble Apex Court and referential matter before the larger bench of this Court. He submits that this Court granted an interim order in W.P.No.16396/2025 staying the operation of the execution

of notice of retirement on 30.06.2025 of the petitioner by extending her service. The petitioner submits

a representation dated 17.06.2025 to pay the salary from July 2025 onwards as per the last drawn salary of Rs.3,79,179/-. Respondent No.3 issued an endorsement dated

30.06.2025 fixing unorthodox salary of Rs.25,000/- to the petitioner. The endorsement issued by the petitioner is contrary to the orders passed by the Hon'ble Apex Court in the case of RAM CHET VARMA VS. STATE OF UP AND OTHERS reported in (2019)15 SCC 1588. Hence, this writ petition.

¶3Heard the arguments of the learned counsel for petitioner and also learned counsel for respondent No.3.

¶4Learned counsel for the petitioner submits that the petitioner filed a writ petition seeking for an extension of service from 62 to 65 years and an interim order was

granted in the said writ petition and the petitioner is discharging his duty and entitled for last drawn salary. But respondent No.3 has fixed the unorthodox salary of Rs.25,000/-. He submits that the impugned endorsement issued by respondent No.3 is contrary to the orders passed by the Hon'ble Apex Court. Thus, he submits that the impugned endorsement is liable to be set aside. Hence, on these grounds, he prays to allow the writ petition.

¶5Per contra, learned counsel for respondent No.3 submits that respondent No.3 will reconsider the case of the petitioner and pass an appropriate order in accordance with the law.

¶6Perused records and considered submissions of the learned counsel for the parties.

¶7It is an undisputed fact that the petitioner was working in respondent No.3 University and he was about to retire from the service at the age of 62 years. The

petitioner approached this Court in W.P.No.16396/2025 seeking for extension of retirement age from 62 to 65 years. This Court granted an interim order staying the execution and operation of the Retirement notice dated

30.06.2025. Pursuant to interim order dated

09.06.2025, the petitioner continued in service till March 2026. The petitioner submitted a representation to pay the salary from July 2025 to March 2026. Respondent No.3 issued an endorsement dated 30.06.2025 fixing the unorthodox salary of Rs.25,000/- per month. The petitioner has produced the several orders passed by the Hon'ble Apex Court. As far as the extension of age of retirement, the issue is pending before the Hon'ble Apex Court. Without considering the said aspect, respondent No.3 has issued an endorsement. The endorsement issued by respondent No.3 is unwarranted in view of the pendency of the proceeding before the Hon'ble Apex Court. Learned counsel for respondent No.3 submits that respondent No.3 will reconsider the case of the petitioner.

¶8In view of the above discussion, I proceed to pass the following: ORDER i. The Writ Petition is allowed.

ii. The endorsement dated 30.06.2025 issued by respondent No.3 vide Annexure –J is hereby quashed.

iii. Respondent No.3 is directed to consider the case of the petitioner as per the representation dated.17.06.2025 vide Annexure-H and pass an appropriate order in accordance with the law within a period of one month from the date of the receipt of the copy of this order.

iv. Liberty is reserved to the petitioner to make a fresh representation within a period of one week. If such a representation is made, respondent No.3 is directed to consider the set of representation vide Annexure-H and fresh representation to be submitted by the petitioner and pass an appropriate order in accordance

with the law within a period of one month from the date of the receipt of the copy of this order. v. Pending applications, if any, stand disposed off accordingly.

Sd/- (ASHOK S.KINAGI) JUDGE

SSB