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 passedin 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 passedin Writ Petition Nos. 25434-442/2011 dated 11.04.2012.

In Writ Appeal Nos.3086-3105/2012

BETWEEN:

1. DR.G.S.MAHADEVAIAHS/O.LATE SIDDARAJUAGED ABOUT 52 YEARSWORKING AS ASSOCIATE PROFESSORDEPARTMENT OF AGRICULTURAL ECONOMICS

UNIVERSITY OF AGRICULTURAL SCIENCESG.K.V.K., BANGALORE.

2. DR.C.UMASHANKARAS/O.LATE BYRAIAHAGED ABOUT 47 YEARS

WORKING AS ASSISTANT PROFESSOR (SELECTIONGRADE)OFFICE OF THE DIRECTORATE OF RESEARCHUNIVERSITY OF AGRICULTURAL SCIENCESG.K.V.K, BANGALORE.

3. MR.R.PARAMESHS/O.RANGAPPAAGED ABOUT 52 YEARSWORKING AS ASSISTANT PROFESSOR (SELECTIONGRADE)DEPARTMENT OF SEED SCIENCE AND TECHNOLOGY

COLLEGE OF AGRICULTUREUNIVERSITY OF AGRICULTURAL SCIENCESG.K.V.K, BANGALORE.

4. DR.M.THIPPAIAHS/O.MALLAIAH

AGED ABOUT 45 YEARSWORKING AS ASSOCIATE PROFESSORDEPARTMENT OF ENTOMOLOGY

10

COLLEGE OF AGRICULTUREUNIVERSITY OF AGRICULTURAL SCIENCESG.K.V.K, BANGALORE.

5. MR.D.S.JANARDHANS/O.D.N.SUBBANNAAGED ABOUT 51 YEARSWORKING AS ASSISTANT PROFESSOR (SELECTIONGRADE)

E.E.U., OFRS, NAGANAHALLI, MYSORE 570 003.

6. MR.H.P.REVANNAS/O.K.P.PUTTASWAMYAGED ABOUT 56 YARSWORKING AS ASSISTANT PROFESSOR (SELECTION

GRADE)E.E.U., OFRS, NAGANAHALLIMYSORE 570 003.

7. MR.PUTTARAMA NAIKS/O.THAVARA NAIK

AGED ABOUT 54 YEARSWORKING AS ASSISTANT PROFESSOR (SELECTIONGRADE)ZONAL AGRICULTURAL RESEARCH STATION, V.C.FARMMANDYA.

8. MR.PRASANNA KUMARS/O.VENKATARAMAIAHAGED ABOUT 50 YEARSWORKING AS ASSISTANT PROFESSOR(SELECTION GRADE)DEPARTMENT OF AGRICULTURAL ECONOMICS

UNIVERSITY OF AGRICULTURAL SCIENCESG.K.V.K., BANGALORE.

9. MR.SWAMY GOWDA S.N.,S/O.LATE NANJE GOWDAAGED ABOUT 51 YEARS

WORKING AS ASSISTANT PROFESSOR

11

(SELECTION GRADE)ZONAL AGRICULTURAL REASEARCH STATIONV.C.FARM, MANDYA.

10. MR.M.RAJUS/O.MADAIAHAGED ABOUT 46 YEARSWORKING AS ASSISTANT PROFESSOR (SELECTIONGRADE)

ZONAL AGRICULTURAL REASEARCH STATIONV.C.FARM, MANDYA.

11. MR.MAHADEVAIAHS/O.SIDDAIAHAGED ABOUT 48 YEARS

WORKING AS ASSISTANT PROFESSOR(SELECTION GRADE)ZONAL AGRICULTURAL REASEARCH STATIONV.C.FARM, MANDYA.

12. MR.C.K.BALACHANDRA

S/O.KEMPANNAAGED ABOUT 54 YEARSWORKING AS ASSISTANT PROFESSORKRUSHI VIKASA KENDRA, V.C.FARMMANDYA.

13. DR.M.S.GANAPATHYS/O.S.MAHADEVAIAHAGED ABOUT 46 YEARSWORKING AS ASSOCIATE PROFESSORDEPARTMENT OF AGRICLUTURAL MARKETINGCO-OPERATION AND BUSINESS MANAGEMENT

UNIVERSITY OF AGRICULTURAL SCIENCESG.K.V.K., BANGALORE.

14. DR.USHA RAVINDRAW/O.DR.RAVINDRA KAVALOORAGED ABOUT 41 YEARS

WORKING AS ASSOCIATE PROFESSOR

12

BAKERY TRAINING UNIT, DIRECTORATE OF EXTENSIONUNIVESITY OF AGRICULTURAL SCIENCESHEBBAL, BANGALORE.

15. DR.B.MOHAN RAJUS/O.LATE M.BASAVAIAHAGED ABOUT 45 YEARSWORKING AS ASSOCIATE PROFESSORDEPARTMENT OF CROP PHYSIOLOGY

UNIVERSITY OF AGRICULTURAL SCIENCESG.K.V.K., BANGALORE.

16. DR.A.MOHAN RAOS/O.LATE A.VENKATA RAOAGED ABOUT 46 YEARS

WORKING AS ASSOCIATE PROFESSORDEPARTMENT OF GENETICS AND PLANT BREEDINGAGRICULTURE COLLEGE,UNIVERSITY OF AGRICULTURAL SCIENCESG.K.V.K., BANGALORE.

17. DR.LAKSHMIPATHAIAH O.RS/O.RANGASWAMAIAHAGED ABOUT 45 YEARSWORKING AS ASSOCIATE PROFESSORDEPARTMENT OF HORTICULTUREAGRICULTURE COLLEGE, UNIVERSITY OF

AGRICULTURALSCIENCESG.K.V.K., BANGALORE.

18. DR.L.KRISHNA NAIKS/O.LATE LACHMA NAIK

AGED ABOUT 49 YEARSWORKING AS ASSOCIATE PROFESSORDEPARTMENT OF AGRICULTURAL MICROBIOLOGYAGRICULTURE COLLEGE, UNIVERSITY OFAGRICULTURAL SCIENCESG.K.V.K., BANGALORE.

13

19. MR.K.R.VASANTHS/O.K.RUPLA NAIKAGED ABOUT 56 YEARS

WORKING AS ASSOCIATE PROFESSORMRS.HEBBAL, ZARS, GKVKBANGALORE.

20. MR.ONKARAPPAS/O.THIPPANNA

AGED ABOUT 45 YEARSWORKING AS ASSOCIATE PROFESSORAICRP, HABBEL, ZARSGKVK, BANGALORE. ….APPELLANTS

(BY SRI M.S.BHAGWAT, ADV. )

AND:

1. THE UNIVERSITY OF AGRICULTURAL SCIENCESREPRESENTED BY ITS ADMINISTRATIVE OFFICERGKVK, BANGALORE 560 065.

2. THE UNIVERSITY OF AGRICULTURALSCIENCESREPRESENTED BY ITS REGISTRARG.K.V.K, BANGALORE 560 065.

3. THE STATE OF KARNATAKA

DEPARTMENT OF AGRICULTUREREPRESNTED BY ITS PRINCIPAL SECRETARYVIKASA SOUDHABANGALORE 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 OFTHE 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 YEARSASSOCIATE PROFESSORDEPARTMENT OF AGRICULTURAL EXTENSIONCOLLEGE OF AGRICULTUREGKVK, UNIVERSITY OF AGRICULTURAL SCIENCEBANGALORE 560 065.

2. SRI SHIVAPPAS/O.MUNIVENKATAPPAAGED ABOUT 47 YEARSASSISTANT 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 ECONOMICSGKVK, UNIVERSITY OF AGRICULTURAL SCIENCEBANGALOE 560 065.

4. DR.KRISHNAMURTHY B.V.,S/O.VENKATARAMANAPPA B.,

AGED ABOUT 52 YEARSASSOCIATE PROFESSORDEPARTMENT OF FISHERIESSTAFF TRAINING UNIT, UAS (B),MANGALA RAITHA BHAVANAHEBBAL, BANALORE.

15

5. DR.GOLYA NAIK R.,S/O.SRI RAMADAS NAIKAGED ABOUT 51 YEARS

ASSOCIATE PROFESSORDEPARTMENT OF AGRICULTURAL EXTENSIONCOLLEGE OF SERICULTURECHINTAMANI 563 125,CHIKKABALLAPURA DISTRICT. …APPELLANTS

(BY SRI B.B.BAJENTRI, ADV. )

AND:

1. THE STATE OF KARNATAKAREPRESENTED BY IS PRINCIPAL SECRETARY

AGRICULTURAL & HORTICULTURAL DEPARTMENTM.S.BUILDING, SACHIVALAYA-IIBANGALORE 560 001.

2. THE REGISTRARUNIVERSITY OF AGRICULTURAL SCIENCE

GKVK CAMPUSBANGALORE 560 065.

3. THE UNIVERSITY OF AGRICULTURAL SCIENCESGKVK CAMPUSBANGALORE 560 065,

REPRESENTED BY ITS ADMINISTRATIVE OFFICER

4. SRI MAHESHAPPA K.,S/O.LATE SRI JAYARAMAPPAAGED ABOUT 55 YEARSASSISTANT PROFESSOR (SELECTION GRADE)

DEPT. OF AGRICULTURAL ECONOMICSGKVK, UNIVESITY OF AGRICULTURAL SCIENCEBANGALORE 560 065.

5. SRI JAGADEESH G.B.,S/O.LATE PATEL BASAPPA

AGED ABOUT 52 YEARS

16

ASSISTANT PROFESSOR (SELECTION GRADE)DEPARTMENT OF HORTICULTUREEXTENSION EDUCATION UNIT

AGRICULTURAL RESEARCH STATIONKATTALAGEREDAVANGERE DISTRICT.

6. SRI SHARANAPPA H.G.,S/O.LATE THIMMAPPA

AGED ABOUT 56 YEARSASSISTANT PROFESSOR (SELECTION GRADE)EXTENSION UNIT, AGRI.RESEARCH UNITHONNAVILE, BIDARE POSTSHIMOGASHIMOGA DISTRICT.

7. SRI MUNISWAMAPPA M.V,S/O.SRI VENKATAPPAAGED ABOUT 52 YEARSASSISTANT PROFESSOR (SELECTION GRADE)DEPARTMENT OF STATISTICS

AGRICULTURAL COLLEGEHASSAN 573 225HASSAN 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 passedin Writ Petition Nos. 25434-442/2011 dated 11.04.2012.

These Writ Appeals having been heard and reserved forpronouncement of Judgment, this day, the Chief Justicedelivered 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.

35

2.4 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