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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
ASHOK S.KINAGI
R. Das Moses S/o Late M. Rajarathnam – Appellant
Versus
State of Karnataka – Respondent
| Table of Content |
|---|
| 1. petitioner's pension relief. (Para 1 , 2) |
| 2. background of pension entitlement. (Para 3 , 4 , 9) |
| 3. claim for pension includes prior service. (Para 6 , 12 , 14) |
| 4. respondents' arguments against the petition. (Para 7 , 8 , 19 , 20) |
| 5. conditions for counting past service fulfilled. (Para 17 , 24) |
| 6. order to reconsider pension proposal. (Para 26) |
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 appointe
Court emphasized the inclusion of prior service in pension calculations, affirming eligibility as per established rules.
Past temporary services of employees must be considered for pension calculation under the Bihar Pension Rules, ensuring fair treatment and preventing undue hardship.
Prior temporary service must be counted for pension benefits, as established by law, regardless of regularization date.
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