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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 18^TH DAY OF JUNE, 2021

PRESENT

THE HON'BLE MR. JUSTICE SATISH CHANDRA SHARMA

AND

THE HON'BLE MR. JUSTICE NATARAJ RANGASWAMY

WRIT PETITION NO.7609/2020 (S-KSAT)

BETWEEN

1.

THE STATE OF KARNATAKA

REPRESENTED BY ITS SECRETARY

DEPARTMENT OF PERSONNEL AND

ADMINISTRATIVE REFORMS (DPAR)

VIDHANA SOUDHA, BENGALURU 560001

2.

THE SECRETARY

FINANCE DEPARTMENT,

GOVERNMENT OF KARNATAKA,

VIDHANASOUDHA, BENGALURU 560001

...PETITIONERS

(BY SMT.SHILPA S.GOGI, HCGP)

AND

DR G VISHWANATHA

AGED ABOUT 43 YEARS,

S/O G SHARANAIAH,

WORKING AS COMMERCIAL

TAX OFFICER VIGILANCE-II,

O/O THE JOINT COMMISSIONER

OF COMMERCIAL TAXES (VIGILANCE)

A BLOCK, 3RD FLOOR,

KORAMANGALA, BENGALURU 560047.

PRESENTLY WORKING AS

THE TAHSILDAR GRADE-2,

O/O THE PRINCIPAL SECRETARY

TO GOVERNMENT

2

REVENUE DEPARTMENT,

5TH FLOOR, SERVICE-3,

M S BUILDING GATE NO 2,

BENGALURU 560001

...RESPONDENT

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227

OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE

IMPUGNED

ORDER

DATED

22.03.2019

IN

APPLICATION

NO.4741/2014 PASSED BY KARNATAKA STATE ADMINISTRATIVE

TRIBUNAL VIDE ANNEXURE-C AND ETC.

THIS WRIT PETITION COMING ON FOR PRELIMINARY

HEARING THIS DAY, SATISH CHANDRA SHARMA. J., MADE THE

FOLLOWING:

ORDER

The State of Karnataka through its functionaries has

filed the present writ petition being aggrieved by the order

dated

22.03.2019

passed

by

the

Karnataka

State

Administrative

Tribunal,

Bangalore,

in

application

No.4741/2014.

2. The undisputed facts reveal that the respondent

employee before this Court was a regular employee in the

Department of Geological Survey of India. He has joined as

an Assistant Geologist Grade-I by an order dated 27.08.2001

and reported to duty on 21.11.2001. The respondent

employee appeared in the examination of KSPC Gazetted

Probationers Examination, 1998 and the result of the

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examination was declared only in the year 2006. Meaning

thereby, the respondent employee, by the time of declaration

of result during the year 2006, was serving as an Assistant

Geologist under the Government of India. He submitted a

proper application to the Controlling Authority on 08.05.2006

seeking permission to join to the post of Commercial Tax

Inspector under the State of Karnataka. He has subsequently

joined the State of Karnataka on 09.05.2006. The

respondent-employee thereafter submitted a representation

on 10.05.2006 requesting the State of Karnataka to grant

him the benefit of the past services rendered w.e.f.

21.11.2001 i.e. the services rendered as an Assistant

Geologist in the Government of India along with pay

protection and the representation was rejected by a

communication dated 30.08.2008. It is pertinent to note

that Rule 224(b) of Karnataka Civil Service Rules (hereinafter

referred to as 8KCSR9 for short) was brought to the statute

book by way of an amendment on 08.05.2006. According to

which an opportunity to the employees, who were earlier

employed in the Department of Geological Survey of India

and the other Government departments, was granted to

submit a representation within three years of their joining,

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for counting past services under Rule 417 of the KCSR. He

again submitted a representation and it was rejected on

13.08.2013. The Tribunal has allowed the application and

the State of Karnataka has filed the present writ petition

stating that Karnataka Civil Services (Extra Ordinary

Pension)(I amendment) Rules, 2010 (hereinafter referred to

as 8Rules of 20109 for short) came into force on 19.11.2010

and the aforesaid Rules provided that new recruitees to the

State of Karnataka joining on or before 01.04.2006 shall not

be entitled for pension.

3. The provisions which are necessary for deciding the

present case are reproduced as under:

Rule

214:

(1)

(a)

Withholding

or

withdrawing

pen