Court emphasized the inclusion of prior service in pension calculations, affirming eligibility as per established rules.

ORDER :

1. The petitioner has filed this writ petition seeking for the following reliefs:

"(i) To quash the pension proposal dated nil forwarded by the respondent No.4 to respondent No.2 vide Annexure-B;

(ii) To direct the respondents to include the temporary services rendered by the petitioner for a period of eight (8) years as qualified service and fix the pension;

(iii) To direct the respondents to settle the pension and pensionary benefits entitled to by the petitioner forthwith, with interest at 18 percent per annum for the delayed period.

(iv) Allow the writ petition with costs.

(v) Grant such other relief/s as this Hon'ble Court deems fit to grant in the circumstances of the case in the interest of justice and equity."

2. Brief facts leading rise to the filing of this writ petition are as follows.

3. The petitioner was appointed by respondent No.3 as a Stop-gap Lecturer on temporary basis on 15.04.1991. The petitioner's services were regularised on 05.06.1998. He retired from service on attaining the age of sup on 30.05.2020. Respondent Nos.4 and 5 did not include in the pension proposal, the temporary service rendered by the petitioner from 1990 to 1998, for the fixation of pension, which the petitioner is entitled to, as per Rule No.226 of the KARNATAKA CIVIL SERVICES RULES . However, the respondents did not settle the pensionary benefits. Hence, the petitioner filed a writ petition in W.P. No.7094 of 2021. This Court vide order dated 20.04.2021, issued a direction to the respondents to settle the pensionary benefits of the petitioner.

4. The respondents are not settling the pensionary benefits entitled to by the petitioner despite the direction issued by this Court to settle the pension and pensionary benefits.

5. Respondent Nos.4 and 5, instead of complying the directions issued by this Court in W.P. No.7094 of 2021, initiated a departmental enquiry. A Charge Memo was issued to the petitioner. Hence, the petitioner filed a writ petition in W.P. No.35731 of 2019 challenging the validity of the enquiry proceedings initiated against the petitioner and the writ petition came to be dismissed vide order dated 20.04.2021. Though the departmental enquiry was initiated against the petitioner in 2019, it was concluded in the month of February 2022 itself, and respondent Nos.4 and 5 have not taken any action to settle the pension and pensionary benefits of the petitioner.

6. It is contended that the non-inclusion of the temporary services rendered by the petitioner as a qualifying service to fix the pension by respondent Nos.4 and 5 is arbitrary and erroneous. The petitioner aggrieved by the endorsement issued by respondent No.2 vide Annexure 'B', filed this writ petition.

7. The respondent-State filed a statement of objections contending that the writ petition filed by the petitioner is not maintainable. It is contended that the College authorities have initiated a disciplinary enquiry proceedings against the petitioner. It is also contended that the enquiry officer submitted a report against the petitioner. It is contended that the petitioner has filed a writ petition in W.P. No.35731 of 2019. In the meanwhile, the petitioner has retired from service on obtaining the age of superannuation on 30.05.2020. The said writ petition was dismissed.

8. It is contended that the College authorities have not submitted the pension papers to the concerned authorities. As such, he made a representation and thereafter, the College authorities replied to the said representation of the petitioner stating that an enquiry is initiated against him. The petitioner filed a writ petition challenging the e