Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Online)(Kar) 41095

THE HIGH COURT OF KARNATAKA
M. Nagaprasanna, J
Shankar P. Bagali – Appellant
Versus
State Of Karnataka – Respondent
WP No. 103754 of 2025|WP No. 103769/2025|WP No. 104120/2025|WP No. 104130/2025|WP No. 104145/2025|WP No. 104148/2025|WP No. 104568/2025|WP No. 104569/2025|WP No. 104570/2025|WP No. 104571/2025|WP No. 104572/2025|WP No. 104573/2025|WP No. 104574/2025|WP No. 104575/2025|WP No. 104587/2025|WP No. 104589/2025|WP No. 104590/2025|WP No. 104946/2025|WP No. 104951/2025|WP No. 105026/2025|WP No. 105122/2025|WP No. 105123/2025

Advocates:
For the Appellants/Petitioners: Raja Raghavendra Naik
For the Respondents: Kirthilata R. Patil

Employees who accept regularization into government service under a specific statute are bound by its terms. They cannot challenge provisions that exclude prior part-time service for pension calculation after retirement, as the statute carries a presumption of constitutionality, and the doctrine of acquiescence precludes subsequent challenges to accepted conditions.

Headnote:(A) Constitution of India - Articles 226 and 227 - Absorption of employees - Validity of statutory provisions - Employees absorbed from part-time roles to regular government service - Statutory provision denying past service for pension challenged as unconstitutional - Held: Presumption of constitutionality of legislation exists - Employees having accepted the terms of absorption upon appointment cannot challenge the same after retirement - Past part-time service does not count toward pension thresholds - Doctrine of acquiescence applies. (Para 10, 13)

(B) Statutory Interpretation - Presumption of validity - Judicial review - Courts should not interfere where policy is based on legislative wisdom - Burden of proving unconstitutionality rests on the party challenging the enactment. (Para 13)

Facts of the case:
Public sector employees working in part-time technical instruction roles sought to count their past years of service for the calculation of pension and terminal benefits after being regularized into government service through a specific legislative enactment. They challenged the constitutional validity of the provision that excluded their prior non-regular service from being counted for pensionary benefits.

Findings of Court:
The court held that when employees opt for absorption into regular service, they freely accept the terms and conditions outlined in the law. Given that these individuals were part-time employees before their regularization, their previous service does not meet the legal requirements of full-time duty necessary for pension eligibility. The legislative intent to provide job security outweighs the retrospective demand for financial benefits related to past part-time work.

Issues: Whether the statutory provision excluding past part-time service from the calculation of retirement benefits is unconstitutional, and whether absorbed government employees are entitled to pensionary benefits for their total preceding period of service.

Ratio Decidendi: There is a strong presumption in favor of the constitutionality of an legislative enactment. Individuals who exercise their option to accept absorption into service governed by specific terms and conditions are precluded from challenging those provisions after retirement, particularly when they have already benefited from the regularization process provided by the law.

Result: Petitions dismissed.

Table of Content
1. application of precedent to identical service-related disputes. (Para 1 , 2)
2. statutory absorption terms and conditions are binding. (Para 3)
3. dismissal of petition with liberty for humanitarian reconsideration. (Para 4 , 5)

IN WP NO. 103754/2025

BETWEEN:

SHANKAR P. BAGALI,

AGE. 61 YEARS, OCC. RETIRED OFFICE SUPTD ,

R/O. WARD NO.5, CHALUKYA NAGAR,

BADAMI, DIST. BAGALKOT - 587 201.

…PETITIONER

(BY SRI. RAJA RAGHAVENRA NAIK, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA,

REPRESENTED BY THE PRINCIPAL SECRETARY,

DEPARTMENT OF HIGHER EDUCATION,

M.S. BUILDING, 6TH FLOOR,

BENGALURU - 560 001.

2. THE PRINCIPAL SECRETARY,

DEPARTMENT OF SCHOOL EDUCATION,

MS BUILDING, BENGALURU - 560 001.

3. THE COMMISSIONER,

COLLEGIATE AND TECHNICAL EDUCATION,

SHESHADRI ROAD, BENGALURU - 560 001.

4. THE DIRECTOR OF VOCATIONAL EDUCATION,

SCHOOL EDUCATION DEPARTMENT/

PRE-UNIVERSITY BOARD

18TH CROSS, SAMPIGE ROAD,

MALLESHWARAM, BENGALURU - 560 012.

5. THE JOINT DIRECTOR OF COLLEGIATE EDUCATION,

MINI VIDHAN SOUDHA, DHARWAD - 580 001.

6. THE DEPUTY DIRECTOR,

SCHOOL EDUCATION AND PRE-UNIVERSITY DEPARTMENT

RODDA ROAD, DHARWAD - 580 001.

…RESPONDENTS

(BY SMT. KIRILATA R. PATIL, HCGP FOR RESPONDENT/STATE)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS FROM THE RESPONDENTS PERTAINING TO THE IMPUGNED ORDER. ISSUE A WRIT IN THE NATURE OF WRIT CERTIORARI DECLARING THAT SECTION 5(1) OF THE KARNATAKA PART-TIME JOB ORIENTED COURSE EMPLOYEES ABSORPTION ACT 2011 AS UNCONSTITUTIONAL AND UNENFORCEABLE (ANNEXURE-B) AND CONSEQUENTLY QUASH THE IMPUGNED CONDITION NO.1 IN THE ABSORPTION ORDER DATED 31.08.2015 (ANNEXURE-C). BEARING NO. KA.SHI.E/127/KHAHUMA/2011-12/NEPAVI-2(BHAG-3), BANGALORE INSOFAR PETITIONER CONCERNED. ISSUE A WRIT OR ORDER DIRECTING THE RESPONDENTS TO RECKON THE SERVICE OF THE PETITIONER FROM THE DATE OF INITIAL ENTRY TILL THE DATE OF REGULARIZATION FOR THE PURPOSE OF FIXATION OF PAY, PENSIONARY BENEFITS AND FURTHER DIRECT THEM TO PAY ALL CONSEQUENTIAL MONETARY BENEFITS INCLUDING PENSION FORTHWITH AND ETC.,

IN WP NO. 103769/2025

BETWEEN:

SOUBHAGYA K C/O. VEERAPPA N.,

AGE. 61 YEARS, OCC. RETIRED WORKER TEACHER,

R/O: 146, 6TH WARD, MATTERA ONI HARAPANAHALLI,

DIST. VIJAYANAGAR – 583 131.

...PETITIONER

(BY SRI. RAJA RAGHAVENRA NAIK, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA,

R/BY THE PRINCIPAL SECRETARY,

DEPARTMENT OF SCHOOL EDUCATION AND LITERACY,

2ND GATE, 6TH FLOOR, M.S. BUILDING,

DR AMBEDKAR VEEDHI BENGALURU – 560 001.

2. THE COMMISSIONER OF PUBLIC INSTRUCTION,

DEPARTMENT OF SCHOOL EDUCATION

NRUPATUNGA ROAD, BENGALURU 560 001.

3. THE DIRECTOR OF VOCATIONAL EDUCATION,

DEPARTMENT OF SCHOOL EDUCATION (PRE-UNIVERSITY)

18TH CROSS, MALLESHWARAM, BENGALURU 560 012.

4. THE DEPUTY DIRECTOR PUBLIC INSTRUCTIONS,

(SCHOOL EDUCATION AND LITERACY)

VIJAYANAGAR DIST VIJAYANAGAR.

5. THE BLOCK EDUCATION OFFICER,

HARAPANAHALLI TALUK,

DIST VIJAYANAGAR – 583 131.

...RESPONDENTS

(BY SMT. KIRILATA R. PATIL, HCGP FOR R1 TO R3, R5)

IN WP NO. 104120/2025

BETWEEN:

SHIVAPPA BHIMAPPA BADAGI,

AGE: 61, OCC: RETIRED,

R/O. DYAMAVVANA GUDI ONI, PO. NAVALGUND

DIST. DHARWAD 582208.

...PETITIONER

(BY SRI. RAJA RAGHAVENRA NAIK, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA,

REPT. BY THE PRINCIPAL SECRETARY

DEPARTMENT OF HIGHER EDUCATION MS BUILDING,

6TH FLOOR, BENGALURU 560001.

2. THE PRINCIPAL SECRETARY,

DEPARTMENT OF SCHOOL EDUCATION,

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2025 Supreme(Online)(Kar) 41095

Cases Referred (9)