Shri Balaswamy v. The State of Karnataka

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 1143 OF 2023 (S-RES) BETWEEN:

SHRI BALASWAMY S/O LATE OBAIAH AGE 58 YEARS WORKING AS ASSISTANT PROFESSOR SAHYADRI COMMERCE & MANAGEMENT COLLEGE SHIVAMOGGA R/AT NEAR ESHWAR TEMPLE 1ST CROSS, VIDYANAGAR SHIVAMOGGA, SHIVAMOGGA DISTRICT-577203 …PETITIONER (BY SRI. VIJAYA KUMAR., ADVOCATE) AND:

¶1THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY HIGHER EDUCATION DEPARTMENT 6TH FLOOR, M.S. BUILDING BANGALORE 560 001.

¶2THE KUVEMPU UNIVERSITY REP. BY ITS REGISTRAR GNANA SAHYADRI, SHANKER GHATTA SHIVAMOGGA, SHIVAMOGGA DISTRICT-577451.

¶3THE PRINCIPAL SAHYADRI COMMERCE & MANAGEMENT COLLEGE CONSTITUENT COLLEGE OF KUVEMPU UNIVERSITY SHIVAMOGGGA, SHIVAMOGGA DISTRICT-577451.

Location: HIGH COURTOF KARNATAKA NC:(2026:KHC:10881( WP(No.(1143(of(2023( ( , ,,HC-KAR( ( (

4., THE,ACCOUNTANT,GENERAL,(,A,&,E), KARNATAKA,CIRCLE, PALACE,ROAD, BANGALORE,560,001., …RESPONDENTS, (BY,SRI.,G,RAMESH,NAIK,,AGA,FOR,R1,&,R4:,SRI,T,P, RAJENDRA,KUMAR,SUNGAY,,ADVOCATE,FOR,R2:,R3,SERVED), , THIS,WRIT,PETITION,IS,FILED,UNDER,ARTICLE,226,OF, THE, CONSTITUTION, OF, INDIA, PRAYING, TO, CALL, FOR, RECORDS, RELATING, TO, ISSUE, OF, THE, IMPUGNED, ENDORSEMENT, BEARING, NO., NO.KU.VI.MAA.SAA.NI-3, (254)., 120:2022-23, DATED, 15.06.2022, ISSUED, BY, THE, R2, VIDE, ANNEXURE,-W,AND,AFTER,PERUSAL,SET,ASIDE,THE,SAME,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,H.T.,NARENDRA,PRASAD, , ORAL(ORDER( This, writ, petition, is, filed, under, Article, 226, of, the, Constitution,of,India,,seeking,the,following,reliefs:, "(i),To,call,for,records,relating,to,issue,of,the, impugned, endorsement, bearing,, No.Ku.Vi:Maa.Saa.Ni-3(254):1204:2022-23, dated, nd15.06.2022, issued, by, the, 2 , respondent, vide, Annexure-W,,and,after,perusal,set,aside,the,same.,,

(ii), To, direct, the, respondents, to, extend, the, benefit, of, old, pension, scheme,, by, counting, the, service, rendered, by, the, petitioner, as, Assistant, Statistical, officer, with, effect, from, 21.06.2003,, for,

the purpose of determining his qualifying services under the Old Pension Scheme."

¶2The case of the petitioner is that he was initially appointed as a part-time Lecturer for the period from

10.08.1993 to 31.03.1997. Thereafter, the Government framed rules known as the Karnataka State Civil Services (Absorption of Persons Working as Part-time Lecturers in Karnataka Education Department Services (Department of Collegiate Education) (Special) Rules, *1996 (for short, *"1996 Rules"). A proposal was sent to absorb the petitioner under the said **1996 Rules.

¶3During the pendency of consideration of his case, the petitioner was appointed as an Assistant Statistical Officer in the Department of Statistics on 21.06.2003. Subsequently, on 28.10.2011 (Annexure-J), in view of the **1996 Rules, the petitioner's services were absorbed at Sahyadri Arts and Commerce College, Shivamogga.

¶4Thereafter, on 26.10.2011 (Annexure-M), the petitioner submitted his resignation seeking permission *Corrected vide Chamber order dated: 11.03.2026 **Corrected vide Chamber order dated: 15.04.2026

from the Government to join as a Lecturer at Kuvempu University College. Pursuant thereto, by order dated

31.10.2011 (Annexure-L), the resignation submitted by the petitioner was accepted under Rule 252(b) of the Karnataka Civil Services Rules (KCSRs), and he was permitted to join as a Lecturer in the second respondent– University at the third respondent–College.

¶5Since the petitioner's resignation was treated as a technical resignation and his earlier services were considered under Rule 252(b) of the KCSRs, the petitioner submitted representations dated 29.07.2013 (Annexure-R) and 03.06.2020 (Annexure-T) to the second respondent seeking consideration of his case under the Old Pension Scheme. The second respondent, by the impugned endorsement, rejected the petitioner's request. Hence, the petitioner is before this Court.

¶6The learned counsel appearing for the petitioner submits that the Government has issued several

Government Orders protecting the interests of employees who were appointed prior to 2006, enabling their cases to be considered under the Old Pension Scheme and granting them the option to submit their requisitions. Pursuant thereto, the petitioner submitted a representation to the University. The Syndicate of the University, in its meeting held on

19.07.2024, resolved to recommend the petitioner's case and forwarded the recommendation to the Government on 09.09.2024. The said recommendation has been produced along with the memo dated

21.02.2026.

¶7It is further contended that, till date, the State Government has not taken any decision on the recommendation forwarded by the University on

09.09.2024.

¶8In view of the above, it would suffice for this Court to direct the Government to consider the recommendation made by the University vide communication dated

09.09.2024 for consideration of the case of the petitioner and another, in accordance with law, without being influenced by the impugned endorsement issued by the University dated 15.06.2022 (Annexure-W), within three months from the date of receipt of a copy of this order.

Sd/- (H.T. NARENDRA PRASAD) JUDGE

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