DR V R BADIGER vs THE GULBARGA UNIVERSITY AND ANR

Court
Karnataka High Court

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HC-KAR
NC: 2026:KHC-K:11545
WP No. 202717 of 2024


CNR: KAHC030087612024




IN THE HIGH COURT OF KARNATAKA


KALABURAGI BENCH

TH
DATED THIS THE 27 DAY OF OCTOBER, 2026

BEFORE

THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL


WRIT PETITION NO.202717 OF 2024 (S-RES)



BETWEEN:

DR. V. R. BADIGER
S/O. RACHAPPA I. BADIGER,
AGED ABOUT 64 YEARS,
R/AT NO.26, NGO COLONY,
KUSANOOR,
KALABURAGI-585106.
…PETITIONER








(BY SRI DANAPPA P. PANIBHATE, ADVOCATE)

Digitally signed
by SWETA
KULKARNI
Location:
HIGH COURT
OF
KARNATAKA
AND:

1. THE GULBARGA UNIVERSITY
KALABURAGI-585102,
REP. BY ITS REGISTRAR.

2. VICE CHANCELLOR
THE GULBARGA UNIVERSITY,
KALABURAGI-585102.
…RESPONDENTS

(BY SRI SUDARSHAN M., ADVOCATE)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, R PRAYING THAT
THIS HONOURABLE COURT MAY BE PLEASED TO A) QUASH
UÀÄ«PÀ/DqÀ½vÀ-
ORDER DATED 24.09.2020 BEARING NO. 1-/2022-
23/ 804 2020-21/1183, PASSED BY THE RESPONDENT NO.1
/
VIDE ANNEXURE-B. B) QUASH ORDER DATED 11.07.2022
BEARING NO. UÀÄ«PÀ/DqÀ½vÀ- 1-/ 2022-23/804 PASSED BY THE
RESPONDENT NO.1 VIDE ANNEXURE-E. C) ISSUE DIRECTION
TO RESPONDENT TO CONSIDER THE REPRESENTATION DATED
16.08.2024 SUBMITTED BY THE PETITIONER BEFORE THE
RESPONDENT NO.1 VIDE ANENXURE-C TO REGULARISE THE
SUSPENSION PERIOD FROM 16.06.2017 TO 04.07.2018 I
DISBURSE THE 50 PERCENT SALARY WITH HOLDING FOR THE
ABOVE SAID PERIOD 16.06.2017 TO 04.07.2018 TO THE
PETITIONER AND ALSO GIVE WITH HOLDING TWO ANNUAL
INCREMENTS WHICH IS DEDUCTED IN THE ANNEXURE-B,
ORDER DATED 24.09.2024 AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING
IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:

CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

ORAL ORDER

This writ petition is filed seeking following prayers:
“a) Quash order dated 24.09.2020 bearing
No. UÀÄ«PÀ/DqÀ½v -1-/2020-21/1183, passed by the
respondent No.1 vide Annexure-B.

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b) Quash order dated 11.07.2022 bearing
No. UÀÄ«PÀ/DqÀ½v -1-/2022-23/804, passed by the
respondent No.1 vide Annexure-E.
c) Issue direction to respondent to consider the
representation dated 16.08.2024 submitted by the
petitioner before the respondent No.1 vide
Annexure-C to regularise the suspension period from
16.06.2017 to 04.07.2018, I disburse the 50%
salary withholding for the above said period
16.06.2017 TO 04.07.2018 to the petitioner and also
give withholding two annual increments which is
deducted in the Annexure-B, order dated
24.09.2024.
d) To pass an such other order deem fit in the
circumstances of the case, in the interest of justice.”
2. Sri Danappa P. Panibhate, learned counsel
appearing for the petitioner submits that the petitioner
was working as an English Lecturer in respondent –
University and he retired from service on 31.01.2020,

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upon attaining superannuation. It is submitted that the
respondent - University has initiated departmental enquiry
proceedings against the petitioner. However, no charges
were proved. Despite that, two increments were withheld
and they failed to pay the remaining 50% of substance
allowance of the suspension period. It is further submitted
that as per the impugned orders at Annexures-‘B’ and
‘E’, the enquiry with regard to Charge No.3 is pending.
Therefore, there is no justification to withhold two
increments as well as withhold 50% of the subsistence
allowance required to be paid during the suspension
period. Hence, he seeks to allow the writ petition by
setting aside the impugned orders by directing the
respondent - University to consider the petitioner's case
and re-fix the pension by considering two increments and
also by directing to pay 50% of the remaining subsistence
allowance for the suspension period.
3. Per contra , Sri Sudarshan M., learned counsel
appearing for the respondent - University supports the

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action of the University and by referring to the statement
of objections submits that the grievance of the petitioner
has been considered and the decision has been taken,
wherein, it clearly indicated to the petitioner that one
increment is withheld as charge No.2 is proved against
him and it is also informed that there is no provision under
the rules to pay the remaining 50% of the subsistence
allowance for the suspension period. Hence, he seeks to
dismiss the writ petition.
4. I have heard the arguments of learned counsel
for the petitioner and learned counsel for the respondent -
University.
5. The material on record indicate that the
petitioner was working as an English Lecturer in
Kalaburagi University and he retired from services upon
attaining superannuation on 31.01.2020. The records
indicate that the petitioner was served with a show cause
notice, article of charges and was provided with an

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opportunity to hear. Thereafter, departmental enquiry
was conducted and Charge No.2 was proved. Considering
the said aspect, the University Syndicate has taken a
decision as per the communication dated 29.06.2018 at
Annexure-R4, which clearly indicate that the Syndicate by
considering the enquiry report, is of the opinion that
Charge No.2 has been proved against the petitioner and
the Syndicate has taken a decision to reinstate the
petitioner into service by transferring him to another
institute by withholding one increment. The said decision
of the University has attained finality and there is no
challenge to the same. The petitioner thereafter sent a
communication to the University seeking to pay the
subsistence allowance for the suspension period.
6. It is to be noticed that the petitioner was
suspended from duties from 16.06.2017 to 04.07.2018
and admittedly during the said period, he was paid 50% of
the subsistence allowance. The University vide order
dated 11.07.2022 at Annexure-E has assigned detailed

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reasons and declined the request of the petitioner to pay
50% of the remaining subsistence allowance by referring
to the relevant rules governing the service regulations of
the petitioner. It is to be noticed that the decision of the
University to withhold one increment has not been
challenged by the petitioner in the present writ petition
and what is challenged by the petitioner in the present
writ petition is the order dated 24.09.2020 at Annexure-B,
wherein, the pay-scale of the petitioner was fixed for the
purpose of pension after the reinstatement. In the
absence of challenge to the order to withhold increment by
the University, the later order which is a consequential
order of pay fixation cannot be challenged.
7. Insofar as challenge to the order dated
11.07.2022 is concerned, respondent No.2 by considering
Rules 99(2), 99(5) and 118(a) of Karnataka Civil Services
Rules, held that the subsistence allowance at the rate of
50% has already been paid and there is no provision to
pay the remaining 50% of the subsistence allowance as

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WP No. 202717 of 2024


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sought by the petitioner. I do not find any good ground to
interfere with the impugned orders.
The writ petition is devoid of merit and the same is
rejected .
The dismissal of this writ petition will not come in the
way of respondent - University proceeding against the
petitioner in respect of Charge No.3, if it is already not
concluded.

Sd/-
(VIJAYKUMAR A. PATIL)
JUDGE


SRT
List No.: 1 Sl No.: 32