Karnataka High Court
Dr. J Sannappa vs The Principal Secretary on 6 April, 2026
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2026:KHC:18634
WP No. 15599 of 2023
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF APRIL, 2026
BEFORE
THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO. 15599 OF 2023 (S-RES)
BETWEEN:
DR. J. SANNAPPA
S/O SRI JADIYAPPA,
AGED ABOUT 63 YEARS,
RETIRED PROFESSOR,
DEPARTMENT OF PG STUDIES AND
RESEARCH IN PHYSICS,
KUVEMPU UNIVERSITY,
JNANA SAHYADRI, SHANKARAGHATTA,
SHIMOGA DISTRICT - 577 451,
R/AT NO.10280, KALANIKETHANA,
4TH STAGE, 2ND PHASE, VIJAYANAGAR,
MYSORE - 32.
...PETITIONER
(BY SRI. SUBRAMANYA BHAT M., ADVOCATE)
AND:
Digitally
signed by
CHANDANA 1. THE PRINCIPAL SECRETARY
BM DEPARTMENT OF HIGHER EDUCATION (UNIVERSITY),
Location: GOVERNMENT OF KARNATAKA,
High Court of M S BUILDING,
Karnataka BENGALURU - 01.
2. ADDITIONAL CHIEF SECRETARY
FINANCE DEPARTMENT,
GOVERNMENT OF KARNATAKA,
VIDHANA SOUDHA,
BENGALURU - 01.
3. THE REGISTRAR
KUVEMPUR UNIVERSITY,
JNANA SAHYADRI,
SHANKARAGHATTA,
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NC: 2026:KHC:18634
WP No. 15599 of 2023
HC-KAR
SHIMOGA DISTRICT - 577 451.
4. THE REGISTRAR
MYSORE UNIVERSITY,
CRAWFORD HALL,
MYSORE - 570 005.
5. THE VICE CHANCELLOR
MYSORE UNIVERSITY,
CRAWFORD HALL,
MYSORE - 570 005.
6. FINANCE OFFICER
MYSORE UNIVERSITY,
CRAWFORD HALL,
MYSORE - 570 005.
...RESPONDENTS
(BY SRI. G. RAMESH NAIK, AGA FOR R1 & R2;
SRI. T.P. RAJENDRA KUMAR SUNGAY, ADV. FOR R3 TO R6)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASHING THE ORDER
BEARING NO.ED 53 UMV 2021 DATED 30/06/2023 (ANNEXURE-R),
ISSUED BY R1 AS THE SAME IS ILLEGAL, ARBITRARY, BESIDES
BEING VIOLATIVE OF ARTICLES 14, 21 AND 300-A OF THE
CONSTITUTION OF INDIA AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
In this petition, petitioner seeks the following reliefs:
"a). Issue a writ of certiorari or any appropriate writ or order or direction, quashing the order bearing No. ED 53 UMV 2021 dated 30.6.2023 (Annexure-R), issued by 1 Respondent as the same is illegal, arbitrary, besides being -3- NC: 2026:KHC:18634 WP No. 15599 of 2023 HC-KAR violative of Articles 14, 21 and 300-A of the Constitution of India;
b). Issue a writ of mandamus directing the 4th Respondent to remit/transfer the amount of Rs. 9,41,776/-
to the 3rd Respondent, which being the amount of pension contribution of the Petitioner and amount towards EL encashment accumulated to the credit of the Petitioner during the period between 10.9.1992 and 3.11.2012 as has been calculated by the Principal, Yuvaraja College, Mysore vide letter dated 3.1.2022 (Annexure-Q), along with interest at the rate of 10% per annum from for 29 years of service by reckoning the period of 18 years' service rendered by him in the 4th Respondent and release the monthly pension to the Petitioner, during the pendency of the writ petition, to meet the ends of justice;"
2. Heard learned counsel for the petitioner, learned AGA for respondent Nos.1 and 2 and learned counsel for respondent Nos.3 to 6 and perused the material on record.
3. A perusal of the material on record will indicate that the petitioner joined as a lecturer in Yuvaraja College, Mysore, which is a constituent college of respondent No.4-Mysore University on 10.09.1992. On 04.08.2010, the petitioner was granted the benefit of placement as Senior Scale Lecturer with effect from 11.09.1998 and as a Selection Grade Lecturer with effect from 11.09.2003. -4-
NC: 2026:KHC:18634 WP No. 15599 of 2023 HC-KAR After obtaining necessary permission from the Mysore University, the petitioner tendered technical resignation under Rule 252(b) of the KCSR from Yuvaraja College for the purpose of being appointed as a Reader in respondent No.3 -Kuvempu University by way of direct recruitment. In pursuance of the aforesaid technical resignation submitted by him, the petitioner was relieved from respondent No.4 and was appointed as an Associate Professor in the respondent No.3 - Kuvempu University, which was ratified by the syndicate of respondent No.4 and the lien of the petitioner in the post of Associate Professor of Physics, Yuvaraja College was maintained/retained for a period of one year from 03.11.2010 to 02.11.2011 and thereafter, extended for a period of one more year from 13.01.2012 to 02.11.2012.
4. It is an undisputed fact and a matter of record that the petitioner reported to duty in respondent No.3 - Kuvempu University on 04.11.2011. The petitioner retired from service and attained the age of superannuation as Professor in respondent No.3 - Kuvempu University pursuant to which, he called upon respondent Nos.4 to 6 - Mysore University to grant him the benefit under the old pension scheme. In pursuance of the said request -5- NC: 2026:KHC:18634 WP No. 15599 of 2023 HC-KAR made by the petitioner, respondent Nos.4 to 6 - Mysore University addressed a communication to respondent Nos.1 and 2 - State at Annexure - P dated 16.06.2022 to respondent Nos.1 and 2 seeking further guidance in the matter. It is the grievance of the petitioner that despite him being entitled to the benefit under the old pension scheme since he had tendered technical resignation within the meaning of Rule 252(b) of the KCSR, the respondent Nos.1 and 2 have rejected the claim of the petitioner by issuing the impugned response/reply at Annexure-R dated 30.06.2023 to respondent Nos.4 to 6 - Mysore University on the erroneous premise that the petitioner was not entitled to the benefit of pension under the old pension scheme for the service rendered by him in Mysore University by wrongly invoking Rule 235A of the KCSR, which were not applicable to the petitioner.
5. In support of his submission, learned counsel for the petitioner has placed reliance upon the judgment of the co-ordinate bench of this Court (Dharwad Bench) in the case of Dr. Ratna R. Bharamgoudar Vs. the State of Karnataka - W.P.No.101347/2026 and submits that while dealing with Rule -6- NC: 2026:KHC:18634 WP No. 15599 of 2023 HC-KAR 252B of the KCSR, and in relation to the National Pension Scheme (NPS), co-ordinate bench of this Court held as under:
"1. The petitioner has approached this Court assailing the legality of denying the benefit of Old Pension Scheme ('OPS' for short) by respondents No.1 and 2-State, wherein by the impugned order, the State Government proceeds on an assumption that technical resignation under Rule 252 (b) of the Karnataka Civil Services Rules, (for short 'KCSR') is inapplicable to the respondent No.3-Law University, treating her appointment as a fresh appointment governed by National Pension Scheme (NPS).
2. Brief facts:
The petitioner joined the Government service on
02.02.1999 as a lecturer under the Karnataka University, Dharwad well prior to the cut off date 01.04.2006. While in continuous service, she applied through proper channel to respondent No.3 - University. Upon selection, was relieved on 17.07.2013 under Rule 252(b) of the KCSR by way of technical resignation and she joined respondent No.3-Law University on the very same day without any break in service.
Considering the continuity of service, and the representation of the petitioner, the Syndicate of respondent No.3-Law University exercising powers under Rule 30 (xiii) of the Karnataka State Law University Act, 2009, resolved in its 40th meeting -7- NC: 2026:KHC:18634 WP No. 15599 of 2023 HC-KAR dated 30.10.2014, to extend the benefit of OPS. Pursuant thereto order dated 30.01.2015 was issued. After audit objection, the matter was reconsidered in the 86th Syndicate meeting dated 20.03.2021 and again resolved in favour of extending OPS, culminating in order dated 21.05.2021. However, respondent No.1 by the impugned dated 21.10.2024 rejected the claim holding that Rule 252(b) KCSR is not applicable to autonomous bodies and universities. Aggrieved, the petitioner is before this Court.
3. Learned counsel for the petitioner relying upon Rule 252 (b) of the KCSR submits that the petitioner had joined Government service prior to 01.04.2006 and therefore, falls under OPS regime. It is submitted that, her appointment was through proper channel and by way of technical resignation under Rule 252(b) of the KCSR. It is submitted that, Rule 252(b) clearly stipulates that, the resignation to take up another appointment with proper permission is not a resignation from public service. It is submitted that the action of respondent No.1 in treating the appointment as fresh appointment is contrary to Rule 252(b) of KCSR and settled law. In support of his contention, he has relied upon the following decisions 3.1. In the case of Ramesh Chandra Sharma vs. Punjab National Bank1 , (Ramesh Chandra Sharma), wherein it has been held that where an employee moves from one post to another -8- NC: 2026:KHC:18634 WP No. 15599 of 2023 HC-KAR with permission and through proper channels, the said appointment cannot be construed as a resignation or a fresh appointment, but has to be treated as a past service, which needs to be protected.
3.2. Further, he relies upon the decision of the Apex Court in the case of G. Rabinathan vs. State of Karnataka2 (G. Rabinathan) to contend that the resignation tendered to take up another appointment with prior permission retains the character of technical resignation, preserving the service benefits.
3.3. He also takes support of the decision of the Apex Court in the case of C. Lalitha vs. State of Karnataka3 (C.Lalitha) to contend that the past service cannot be ignored for pensionary benefits.
3.4. He also submits that, based on the judgment of the Apex Court, this Court has held in the case of Dr S.N.Vasudevan vs. State of Karnataka and others4 (Dr. S.N.Vasudevan) and in the case of Sri H.Siddalinga Murthy vs. State of Karnataka and others5 , (Sri H.Siddalinga Murthy), observing that the technical resignation under Rule 252 (b) of the KCSR must be treated as a continuity of service for determining pensionary benefits including applicability of OPS.
-9-NC: 2026:KHC:18634 WP No. 15599 of 2023 HC-KAR
4. Learned Additional Government Advocate appearing for the respondent-State submits that respondent No.3-Law University is an autonomous body, it does not come within the purview of Rule 252(b) of the KCSR and the impugned order is justified, and the petitioner's appointment in respondent No.3 must be treated as fresh appointment governed by NPS.
5. This Court has carefully considered the rival contentions urged and perused the material available on record.
6. The point that would arise for consideration is:
'Whether the impugned order denying the benefit of Old Pension Scheme to the petitioner treating her appointment as fresh appointment is contrary to Rule 252(b) of the KCSR and whether the same warrant any interference by this Court ?'
7. In order to answer the point for consideration, it is relevant to extract Rule 2(1) of the KCSR, which reads as under;
"2. Application.--(1) Save as otherwise provided in these rules, this shall apply to all the persons appointed to civil services and serving in connection with the affairs of the State of Karnataka".
8. It is also relevant to state the provision of 252(b) of the KCSR, which reads as under:
"252. (a). x x x x x x 252(b) Resignation of an appointment to take up, with proper permission, another appointment, whether permanent or temporary, service in which counts in full or in part, is not a resignation of public service."
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NC: 2026:KHC:18634 WP No. 15599 of 2023 HC-KAR
9. Rule 2(1) of the KCSR makes the rules applicable to the persons appointed to the civil servants serving in connection with the affairs of the State. The material on record establishes that the petitioner joined Government Service prior to 01.04.2006, she applied through proper channel, she was relieved under 252(b) KCSR and she joined respondent No.3 on the same day without breaking service.
10. It has also brought to the notice of this Court that the Statute Governing Delegation Of Administrative And Financial Powers, 2021, wherein under the powers conferred under Section 46 (20) read with Section 53 of the Karnataka State Law University Act, 2009, the Syndicate of Karnataka State Law University has framed a statute namely;
"1. Title and Commencement-- x x x x 2 to 13. x x x x
14. Financial Mattes not specifically covered under this Statute shall be governed by the relevant principles of the Karnataka Financial Code, KCSR, Karnataka Treasury code, the Karnataka Contingency Manual, Karnataka Pension Manual and other financial rules of Government of Karnataka. The Administrative/Service matters not specifically covered under this Statute shall be governed by the Karnataka Civil Services (Classification, Control and Appeal) rules, 1957, the Karnataka Civil Services (conduct) Rules, 2021 and any other rules, in mutatis mutandis, framed in this regard by the Government of Karnataka issued from time to time."
11. Statute 14 of 2021 statute of respondent No.3 specifically adopts KCSR and related financial rules mutatis mutandis. Therefore, the contention that - 10 - HC-KAR NC: 2026:KHC-D:2851 WP No. 101347 of
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NC: 2026:KHC:18634 WP No. 15599 of 2023 HC-KAR 2026 KCSR is inapplicable to respondent No.3 is unsustainable.
12. The Apex Court in the case of Ramesh Chandra Sharma (supra), has categorically held that, movement through a proper channel could not be construed as a resignation or a fresh appointment and past service must be protected. Similarly in G. Rabinathan (supra) and C. Lalitha (supra) the Apex Court has recognized protection of past service and pensionary benefits.
13. This Court in Dr. S.N.Vasudevan and Sri H.Siddalinga Murthy (supra), has held that a technical resignation serves as a strategic tool within organizational framework, enabling seamless internal talent mobility while aligning with the broader talent management objectives. When an employee tenders a technical resignation, the calculation of past services is a critical aspect for determining entitlements such as pension benefits, which the respondent No.1 has arbitrarily denied. The syndicate of respondent No.3 twice resolved to extend OPS benefits. The State cannot override a valid statutory resolution without authority of law. Therefore, the impugned order proceeds on an erroneous assumption that Rule 252(b) is inapplicable to Universities and is contrary to statutory provisions and settled legal principles.
14. Accordingly, the point framed for consideration is answered and this Court pass the following:
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NC: 2026:KHC:18634
WP No. 15599 of 2023
HC-KAR
ORDER
i. Writ petition is allowed.
ii. The impugned order dated 21.10.2024
(Annexure-R) issued by respondent No.1 is hereby quashed.
iii. The respondents No.1 and 2 are directed to extend the benefit of 'Old Pension Scheme' to the petitioner reckoning the past service rendered, in accordance with law."
6. Per contra, learned AGA would support the impugned communication at Annexure-R dated 30.06.2023 and submits that there is no merit in the petition. Further, in addition to reiterating the various contentions urged in the statement of objections and referring to the material on record, learned counsel for the respondent Nos.4 to 6 - Mysore University, fairly submits that they would take necessary steps pursuant to any decision to be taken by the respondent Nos.1 and 2 in this regard and would act accordingly.
7. Before averting to the rival contentions, it would be necessary to extract the communication at Annexure-P dated
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NC: 2026:KHC:18634 WP No. 15599 of 2023 HC-KAR 16.06.2022 submitted by the respondent Nos.4 to 6 - Mysore University to the respondent Nos.1 and 2 - State as hereunder:
"ªÉÄʸÀÆgÀÄ «±Àé«zÁ央AiÀÄ (40 ¸ÉÌî£À 3.47 ¹f¦JAiÉÆA¢UÉ ªÀÄgÀÄ ªÀiÁ£ÀåvÉ ¥ÀqÉ¢zÉ.) (J£ï LDgï - 2020 «±Àé«zÁ央AiÀÄ «¨sÁUÀzÀ°è 27£Éà ¸ÁÜ£À ªÀÄvÀÄÛ MmÁÖgÉ «¨sÁUÀzÀ°è 47£Éà ¸ÁÜ£À) ºÀtPÁ¸ÀÄ C¢üPÁjUÀ¼À PÀbÉÃj «±Àé«zÁ央AiÀÄ PÁAiÀÄð¸ËzsÀ ªÉÄʸÀÆgÀÄ - 570 005 C¥ÀgÀ ªÀÄÄRå PÁAiÀÄðzÀ²ðUÀ¼ÄÀ , ¢£ÁAPÀ: 16-06-2022 DyðPÀ E¯ÁSÉ, «zsÁ£À¸ËzsÀ, ¨ÉAUÀ¼ÀÆgÀÄ.
ªÀiÁ£ÀågÉÃ, «µÀAiÀÄ: ªÉÄʸÀÆgÀÄ «±Àé«zÁ央AiÀÄzÀ°è ¢£ÁAPÀ 10-09- 1992 jAzÀ 31-11-2010gÀ ªÀgÉUÉ ¸ÉÃªÉ ¸À°è¹ PÀĪÉA¥ÀÄ «±Àé«zÁ央AiÀÄPÉÌ £ÉêÀÄPÀªÁzÀ qÁII eÉ. ¸ÀtÚ¥Àà EªÉjUÉ ºÀ¼ÉAiÀÄ ¸ÉêÁªÀ¢üAiÀÄ ¦AZÀt ¸Ë®¨sÀåUÀ¼À ªÀUÁðªÀuÉ PÀÄjvÀÄ.
G¯ÉèÃR: 1. ªÉÄʸÀÆgÀÄ «±Àé«zÁ央AiÀÄ ¦AZÀt C¢ü¤AiÀĪÀÄ 1979
2. DyðPÀ E¯ÁSÉAiÀÄ DzÉñÀ ¸ÀASÉå J¥sï.r.
(J¸ï.¦.J¯ï)01 ¦AZÀt 2007 ¢£ÁAPÀ:
12-07-2007.
3. ¸ÀPÁðgÀzÀ C¢üãÀ PÁAiÀÄðzÀ²ð G¥À ²PÀët E¯ÁSÉ EªÀgÀ ¥ÀvæÀ ¸ÀASÉå Er53/AiÀÄÄ.JA.AiÀÄÄ.2021 ¢£ÁAPÀ: 18- 09-2021.
4. ªÉÄʸÀÆgÀÄ «±Àé«zÁ央AiÀÄ ¹ArPÉÃmï ¸À¨sÉAiÀÄ ¢£ÁAPÀ 01-02-2022gÀ ¤tðAiÀÄUÀ¼ÀÄ.
5. ¸ÀPÁgÀzÀ C¢ü£À PÁAiÀÄðzÀ²ð G¥À ²PÀët E¯ÁSÉ EªÀgÀ ¥ÀvæÀ ¸ÀASÉå Er 45 AiÀÄÄ.JA.AiÀÄÄ. 2020 ¢£ÁAPÀ 11-02-2022.
6. ¸ÀPÁðgÀzÀ C¥ÀgÀ ªÀÄÄRå PÁAiÀÄðzÀ²ð G£ÀßvÀ ²PÀët E¯ÁSÉ, EªÀgÀ ¥ÀvæÀ ¸ÀASÉå.
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NC: 2026:KHC:18634 WP No. 15599 of 2023 HC-KAR Er05/AiÀÄÄ.JA.J£ï. 2013 ¢£ÁAPÀ 19- 12-2019.
****** ªÉÄïÁÌt¹zÀ «µÀAiÀÄ PÀÄjvÀAvÉ F PɼÀPÀAqÀ CA±ÀUÀ¼À£ÀÄß vÀªÀÄä CªÀUÁºÀ£ÉUÉ ¸À°è¹zÉ.
qÁII eÉ. ¸ÀtÚ¥Àà, ¥ÁæzsÁå¥ÀPÀgÀÄ ¨sËvÀ±Á¸ÀÛç «¨sÁUÀ, PÀĪÉA¥ÀÄ «±Àé«zÁ央AiÀÄ, ²ªÀªÉÆUÀÎ EªÀgÀÄ ªÉÄʸÀÆgÀÄ «±Àé«zÁ央AiÀÄ WÀlPÀ PÁ¯ÉÃeÁzÀ AiÀÄĪÀgÁd PÁ¯ÉÃf£À°è ¢£ÁAPÀ 10-09-1992 jAzÀ 03-11-2010gÀ ªÀgÉUÉ ¸ÉÃªÉ ¸À°è¹ ¸ÉêÉAiÀÄ°ègÀĪÁUÀ¯Éà ¸Àé»vÁ±ÀQÛ¬ÄAzÀ PÀĪÉA¥ÀÄ «±Àé«zÁ央AiÀÄPÉÌ AiÀÄÄPÀÛ «zsÁ£À¢AzÀ £ÉêÀÄPÀUÆ É ArgÀÄvÁÛgÉ. ¢£ÁAPÀ 31-05-2021gÀ°è ªÀAiÉÆà ¤ªÀÈvÀÛgÁVgÀĪÀÅzÁV w½¹ ªÉÄʸÀÆgÀÄ «±Àé«zÁ央AiÀÄzÀ°è ¸À°è¹zÀ ¸ÉêÁ CªÀ¢üUÉ ¸ÀA§A¢ü¹zÀ ¦AZÀt ¸Ë®¨såÀ UÀ¼À£ÄÀ ß PÀĪÉA¥ÀÄ «±Àé«zÁ央AiÀÄ, ²ªÀªÉÆUÀÎ E°èUÉ ªÀUÁð¬Ä¸À®Ä PÉÆÃjgÀÄvÁÛgÉ.
ªÉÄʸÀÆgÀÄ «±Àé«zÁ央AiÀÄ ¦AZÀt C¢ü¤AiÀĪÀÄ 1979gÀ (®UÀvÀÄÛ-1) C£ÀéAiÀÄ F jÃw ¦AZÀt ¸Ë®¨såÀ UÀ¼À£ÄÀ ß ªÀUÁð¬Ä¸À®Ä CªÀPÁ¸À«gÀĪÀÅ¢®è. F PÀÄjvÁV "The Mysore University Pension Status - 1979" PÉÌ wzÀÄÝ¥Àr ºÉÆA¢gÀĪÀ C¢ü¤AiÀĪÀĪÀ£ÄÀ ß PÀįÁ¢ü¥ÀwUÀ¼À CAQvÀ ¥ÀqÉAiÀÄ®Ä PÀ¼ÀÄ»¸À¯ÁV G¯ÉèÃR 6gÀ ¥Àvæz À À£éÀAiÀÄ (®UÀvÄÀ Û-2) F wzÀÄÝ¥Àr C¢ü¤AiÀĪÀĪÀÅ gÁdå ¸ÀPÁðgÀzÀ DyðPÀ ¤ÃwUÉ «gÀÄzÀÞªÁVzÀÄÝ GzÉÝòvÀ wzÀÄÝ¥Àr ¥Àj¤AiÀĪÀiÁªÀ½AiÀÄ£ÀÄß M¥Àà®Ä ¸ÁzsåÀ «®èªÉAzÀÄ »A¢gÀÄV¹gÀÄvÁÛgÉ.
ªÀÄÄAzÀĪÀgÉzÀÄ G¯ÉèÃR 3 gÀ ¥ÀvÀæzÀ£ÀéAiÀÄ "qÁII eÉ. ¸ÀtÚ¥Àà, ¥ÁæzsÁå¥ÀPÀgÀÄ, ¨sËvÀ±Á¸ÀÛç «¨sÁUÀ, PÀĪÉA¥ÀÄ «±Àé«zÁ央AiÀÄ, ²ªÀªÉÆUÀÎ EªÀjUÉ ªÉÄʸÀÆgÀÄ «±Àé«zÁ央AiÀÄ ¸ÉêÁªÀ¢üAiÀÄ ¦AZÀt ºÁUÀÆ EvÀgÀ ¸Ë®¨sÀåUÀ¼À£ÀÄß ¤AiÀĪÀiÁ£ÀĸÁgÀ ©qÀÄUÀqÉUÆ É ½¹ ¸À°è¸ÄÀ ªÀAvÉ" ¸ÀÆa¸À¯ÁVgÀÄvÀÛzÉ. (®UÀvÀÄÛ-3)
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NC: 2026:KHC:18634 WP No. 15599 of 2023 HC-KAR G¯ÉèÃR (4)gÀ ªÉÄʸÀÆgÀÄ «±Àé«zÁ央AiÀÄ ¹ArPÉÃmï ¸À¨sÉ ¢£ÁAPÀ 01-02-2022gÀ°è qÁII eÉ. ¸ÀtÚ¥Àà, ¤ªÀÈvÀÛ ¥ÁæzÁs å¥ÀPÀgÄÀ , ¨sËvÀ±Á¸ÀÛç «¨sÁUÀ, PÀĪÉA¥ÀÄ «±Àé«zÁ央AiÀÄzÀ AiÀÄĪÀgÁd PÁ¯ÉÃf£À°è ¸À°è¹gÀĪÀ ¸ÉêÁªÀ¢üAiÀÄ ¦AZÀt ºÁUÀÆ EvÀgÀ ¸Ë®¨såÀ UÀ¼À£ÀÄß ¤AiÀĪÀiÁ£ÀĸÁgÀ ©qÀÄUÀqÉUÆ É ½¸À®Ä ¸ÀASÉå. En12/115/2017-18 ¢£ÁAPÀ 30-10-2021gÀ ªÀÄÄSÉãÀ DzÉñÀ ºÉÆgÀr¹gÀĪÀÅzÀ£ÀÄß ¸À¨sÉAiÀÄÄ C£ÀĸÀªÄÀ yð¹vÀÄ.
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NC: 2026:KHC:18634 WP No. 15599 of 2023 HC-KAR
8. As can be seen from the aforesaid communication, the respondent Nos.4 to 6 have recorded the undisputed fact that the petitioner had joined Yuvaraja College, Mysore as a lecturer in the year 1992 and that he had tendered technical resignation and joined the services of the respondent No.3 -Kuvempu University and reported his duty there on 04.11.2011 and accordingly, the respondent Nos.4 to 6 - Mysore University has sought for necessary instructions/guidance from respondent Nos.1 and 2 in this regard for the purpose of granting the benefit under the old pension scheme in favour of the petitioners. However, in response to the said communication at Annexure - P made by respondent Nos.4 to 6, the respondent Nos.1 and 2 - State has summarily rejected the claim of the petitioner on the erroneous premise that Section 235A operates as a bar for the petitioner to claim the benefit under the old pension scheme. The said reason assigned by the respondent Nos.1 and 2 in the impugned communication at Annexure - A is clearly incorrect and erroneous in view of the plain reading of Rule 235A, which reads as under:
"(i) A Government servant on permanent transfer to, or absorption in a Board or Corporation or Public Under
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NC: 2026:KHC:18634 WP No. 15599 of 2023 HC-KAR taking or Government Industrial concern (hereinafter referred to as the said Organizations) shall be eligible for Pro-rata Pension and Deathcum-Retirement Gratuity, as the case may be, with reference to the pension rules by which he was governed immediately before such transfer or absorption. If, at the time of such transfer or absorption, the employee has put in less than ten years of qualifying service, he is not entitled to pension and therefore the question of proportionate pension will not arise. He will be eligible for only the proportionate service gratuity in lieu of pension and for Death-cum-Retirement Gratuity based on the length of his service.
(ii) The amount of pension/ gratuity and the Death- cumRetirement Gratuity shall be worked out and intimated to the employee as well as to the said organizations as and when he is so transferred or absorbed.
(iii) The Pro-rata Pension, Gratuity, and Death- cumRetirement Gratuity admissible in respect of the service rendered under Government would be disbursable only from
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(a) the date on which the employee would have normally superannuated if he had continued in Government Service;
Or
(b) the date on which he actually retired from the service of the said organization whichever is later.
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NC: 2026:KHC:18634 WP No. 15599 of 2023 HC-KAR Provided that in cases of voluntary retirement from the service of the said organizations as under rule 285 of the Karnataka Civil Services Rules and those of retirement on Invalid Pension as under rules 273 to 283 of the Karnataka Civil Services Rules, the Pro-rata Pension, Gratuity etc., admissible in respect of the service rendered in the Government will be disbursable on the date on which the employee actually retires from the service of the said organization.
(iv) Resignation from the service of the said organization will, for the purpose of these rules, be treated as resignation from Government Service, entailing forfeiture of the earlier service under Government and the loss of the pensionery benefits under these rules.
(v) Any further liberalization of pension rules decided upon by Government with effect from a date after the permanent absorption of the employee in the said organizations will not be extended to him.
(vi) Where an employee receives pension under clause (iii) above, and wishes to commute a portion of the pension, such commutation will be regulated in accordance with the rules in force at the time of such commutation.
(vii) In respect of the deputationist Government employee who opts for absorption in any of the said organizations such organization should take over the liability in regard to leave on average pay or earned leave that the Officer has to his credit at the time of leaving Government service and, in return, the Government shall pay to the said
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NC: 2026:KHC:18634 WP No. 15599 of 2023 HC-KAR organization a lumpsum equal to leave salary for the leave on average pay/earned leave due to the Government employee on the date of his permanent absorption in the said organization.
(viii) The conditions mentioned in this rule will apply only where the permanent transfer from Government service to or absorption in the said organization is in public interest. In all other cases, Government will not accept the liability to pay any retirement benefits for the period of service rendered by the employee before his transfer.
(ix) If a Government Servant permanently absorbed in the said organization is continued in service or re-employed after the date mentioned in condition (iii) above, his pay shall be refixed as re-employed pensioner with effect from the date from which he becomes entitled to draw the Pro-rata retirement benefits.
(x) The parent Department of the Government servant shall be consulted before the issue of the order of absorption
(xi) It is not necessary to tender formal resignation in cases where it is declared by Government that the absorption of the employee is in public interest and the employee in turn gives his consent to such absorption.
[(xii)(a) The family of the Government servant, who has been permanently absorbed in the said organization shall also be eligible for family pension from the date following the date of death of the employee in addition to the
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NC: 2026:KHC:18634 WP No. 15599 of 2023 HC-KAR benefit of family pension, if any, admissible under the rules of the organization:
Provided that, the benefit under this rule is also available to the eligible past cases of death while in service or after retirement, where the family pension has been settled as per the then existing rules. However, the financial benefits in past cases will be eligible with effect from the first of the month following the date of publication of this rules in the Official Gazette.]
(b) The benefit of Family Pension will be admissible only to the families of those who were/are actually entitled to pension from the Government after their absorption in the said organization. This benefit will not be admissible to the families of those who get only the service gratuity, i.e., who are absorbed before rendering ten years of qualifying service under the Government.
[(c) XXX]
(d) The family pension admissible under the provisions of the Karnataka Government Servants' (Family Pensions) Rules, 1964 2 [or Karnataka Government Servants' (Family Pension) Rules,2002 as the case may be ] as in force on the date of absorption taking into account the pay as on the date of transfer/ absorption. [xxx]
(e) It will be the responsibility of the pension sanctioning authority to process the claim for family pension and forward it to the Audit Office for issue of necessary authority. [xxx]
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NC: 2026:KHC:18634 WP No. 15599 of 2023 HC-KAR
(xiii) In all cases of absorption with the benefits of Pro- rata retirement benefits, the Finance Department should be counsulted before the issue of orders.]"
9. A plain reading of Rule 235A of KCSR will clearly indicate that the same would be applicable only to persons transferred or absorbed and the said Rule would have no application to the petitioner, who submitted technical resignation at the respondent Nos.4 to 6 - University while working as a lecturer in Yuvaraja College and was thereafter appointed as Associate Professor in respondent No.3 - Kuvempu University by way of direct recruitment. In other words, the petitioner was appointed as Associate Professor in respondent No.3 - Kuvempu University by way of direct recruitment, the Rule 235A would have no application since the same would apply only to cases of transfer or absorption and consequently, the impugned communication at Annexure-R issued by the State Government, deserves to be quashed and necessary directions be issued to the respondent Nos.1 and 2 - State to take appropriate decisions/pass appropriate orders pursuant to Annexure - P dated 16.06.2022 submitted by the
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NC: 2026:KHC:18634 WP No. 15599 of 2023 HC-KAR respondent Nos.4 to 6 - Mysore University within a stipulated time frame.
10. In my considered opinion, the aforesaid judgment of the co-ordinate Bench while dealing with Rule 252B is directly and squarely applicable to the facts of the instant case.
11. In the result, I pass the following:
ORDER
i) The petition is hereby allowed.
ii) The impugned order dated 30.06.2023 at Annexure-R issued by respondent No.1 is hereby quashed.
iii) Respondent Nos.1 and 2 - State is directed to take appropriate decisions/pass appropriate orders pursuant to the communication at Annexure - P dated 16.06.2022 submitted by the respondent Nos.4 to 6 - Mysore University and proceed further and pass appropriate orders and communicate the same to the respondent Nos.4 to 6 - Mysore University within a period of two months from the date of receipt of a copy of this order.
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NC: 2026:KHC:18634 WP No. 15599 of 2023 HC-KAR
iv) Immediately upon respondent Nos.1 and 2 taking appropriate decision and passing appropriate orders as stated supra and communicating the same to respondent Nos.4 to 6 as stated supra, respondent Nos.4 to 6 shall proceed further and communicate the same to the petitioner within a period of 1 month from the date of receipt of communication from respondent Nos.1 and 2 - State.
v) All other contentions urged by the petitioner including contentions regarding payment of interest for delayed pension etc., are kept open and no opinion is expressed on the merits of the said contention.
Sd/-
(S.R.KRISHNA KUMAR) JUDGE MDS List No.: 1 Sl No.: 46