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IN THE HIGH COURT OF KARNATAKA
Hemant Chandangoudar, J.
Gundappa - Appellant
Versus
Pri. Sec. Higher Education - Respondent
Writ Petition No. 104469 of 2021 (S-RES)
Decided On : 11-10-2022
Pension - Government Aided College - The court held that the petitioner, appointed in a Government Aided College prior to 2006 and later as an Associate Professor in a University, is entitled to count prior service for pension under Rule 224-B of the Rules, despite the provisions of Rule 2-C.
Fact of the Case:
The petitioner sought to count prior service in a Government Aided College for pension purposes. The first respondent rejected the claim, citing Rule 2-C of the Rules. The petitioner filed a writ petition challenging the rejection.
Finding of the Court:
The court found that the petitioner, appointed in the Government Aided College prior to 2006 and later as an Associate Professor in a University, is entitled to count prior service for pension under Rule 224-B of the Rules, despite the provisions of Rule 2-C. The court allowed the writ petition and quashed the impugned endorsement, directing the counting of prior service for pension purposes.
Issues: The main issue was whether the petitioner, appointed in a Government Aided College prior to 2006 and later as an Associate Professor in a University, is entitled to count prior service for pension under Rule 224-B of the Rules, despite the provisions of Rule 2-C.
Ratio Decidendi: The court held that the petitioner, having completed 23 years of service in the Government Aided College and later appointed as an Associate Professor in a University, is entitled to count prior service for pension under Rule 224-B of the Rules, as the provisions of Rule 2-C do not apply to the petitioner's situation.
Final Decision: The writ petition was allowed, the impugned endorsement was quashed, and the first respondent was directed to count the prior service rendered by the petitioner in the Government Aided Institution for the purpose of fixing pension in terms of Rule 224 of the Rules.
JUDGMENT
1. The petitioner was appointed as a Lecturer in a Government Aided Arts and Commerce College, Mudalagi on 25/9/1989, and his probationary period was declared as satisfactory on 1/10/1992. After completing 23 years of service, the petitioner submitted an application with the third respondent to appoint him as an Associate Professor. On considering his application, the petitioner was appointed as an Associate Professor in Kannada Department on 10/4/2012. The petitioner attained the age of superannuation on 28/4/2014. Thereafter, the petitioner submitted an application dtd. 2/12/2014 with the first respondent to consider the prior service rendered by him in the Government Aided College for the purpose of pension.
2. The first respondent rejected the application submitted by the petitioner stating that the prior services rendered by him in an aided institution cannot be considered for fixing the pension against which he petitioner filed a writ petition in W.P. No.104477/2015. This Court, by order dtd. 8/3/2021 quashed the endorsement rejecting the application submitted by the petitioner, and directed the first respondent to reconsider the claim of the petitioner for counting of his qualifying service for the purpose of fixing pension by taking into consideration the prior services rendered by him in the aided institution, strictly in accordance with the Rules.
3. Thereafter, the first respondent has issued the impugned endorsement dtd. 3/8/2021 rejecting the claim of the petitioner stating that the petitioner was appointed in the third respondent University after 1/4/2006 and in view of the amended rule i.e., Rule 2-C. of the Karnataka Civil Services Rules (for short, 'the Rules'), the petitioner is not entitled for counting of his services rendered in Government Aided College, against which the present petition is filed.
4. The learned counsel for the petitioner submits that the petitioner was appointed as a Lecturer in the Government Aided College on 25/9/1989, and Rule 2-C of the Rules is not applicable to the petitioner. Hence, he submits that the petitioner is entitled for counting of prior services rendered by him in the Government Aided College for the purpose of fixing pension.
5. On the other hand, the learned High Court Government Pleader appearing for the State submits that the petitioner having been appointed in the third respondent-College after 2006, the petitioner is not entitled for counting of the services rendered by him in the Government Aided Institution as specified in Rule 2-C of the Rules and as such the impugned order passed by the first respondent is in accordance with law and does not warrant any interference.
6. The learned counsel appearing for the third respondent submits that the petitioner was appointed as an Associate Professor in the year 2012 and as such, the petitioner is not entitled for counting of prior service rendered by him in Government Aided Institution as specified in Rule 2-C of the Rules.
7. I have examined the submissions made by the learned counsel for the parties.
8. A reading of Rule 224-B of the Rules indicates that every employee desirous of having the benefit of counting their previous service of additional years as qualifying service for pension, as the case may be under the Rules shall make a request in writing to the Appointing Authority within three months from the date of joining the Government service.
9. Rule 2-C of the Rules specifies that Notwithstanding anything contained in sub-rule (1) of Rule 2, Part IV of these Rules, shall not be applicable to new recruits to State Government service joining on or after 1/4/2006. In the instant case, the petitioner was appointed as a Lecturer in the Government Aided Institution in the year 1989. The petitioner is entitled to the benefit under Rule 224-B of the Rules since he was appointed in the Government Aided institution prior to 2006 and after completing 23 years of service was appointed as an Associate Professor in t
The main legal point established is that the petitioner, appointed in a Government Aided College prior to 2006 and later as an Associate Professor in a University, is entitled to count prior service ....
prohibits State Government from interfering with the internal administration of the University in absence of any provision made in the Act itself the decision of the University itself that they will ....
The National Pension Scheme governs pension benefits for employees of the Central University, excluding prior service under the 1972 Rules.
The petitioner, governed by the National Pension Scheme, cannot claim pension benefits under the CCS (Pension) Rules, 1972, as they do not apply to employees of the Central University.
Court emphasized the inclusion of prior service in pension calculations, affirming eligibility as per established rules.
Eligibility for pension under the Old Pension Scheme is contingent on service in institutions receiving 100% grants before the cut-off date of 01.11.2005, with precedents acknowledging prior unaided ....
Prior Central Government service may be recognized for pension benefits despite breaks in service under specific conditions.
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