IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 3^RD DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE M.I.ARUN AND THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI WRIT APPEAL NO. 100044 OF 2025 (S-RES)

BETWEEN:

1. THE PRINCIPAL SECRETARY (TECHNICAL), HIGHER EDUCATION DEPARTMENT, M.S. BUILDING, BANGALORE-560 001.

2. THE DIRECTOR (COMMISSIONERATE), TECHNICAL EDUCATION DEPARTMENT, (HIGHER EDUCATION) PALACE ROAD, BENGALURU-560 001.

3. THE SECRETARY TO GOVERNMENT (EXPENDITURE), FINANCE DEPARTMENT, BANGALORE-01.

… APPELLANTS (BY SRI G.K. HIREGOUDAR, PGA)

AND:

Digitally signed by V N BADIGER Location: HIGH DR. PUNDARIKA G. S/O GANGA NAIK, COURT OF KARNATAKA AGE. 58 YEARS, OCC. PRINCIPAL, DHARWAD BENCH R/O. DR. B. ANNURAJA MIG-54, KHB COLONY, DODDANAYAKANNAKOPPA, K.C. PARK, DHARWAD-580 008.

… RESPONDENT (BY SRI SANJAY CHANAL, ADVOCATE FOR SOLE RESPONDENT)

THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING TO CALL FOR RECORDS; SET ASIDE THE ORDER DATED 16.11.2022 PASSED BY THE LEARNED SINGLE JUDGE IN W.P. NO.103058/2022 (S-RES).

THIS APPEAL IS COMING ON FOR FURTHER HEARING, THIS DAY, JUDGMENT WAS DELIVERED THE FOLLOWING:

CORAM: THE HON'BLE MR. JUSTICE M.I.ARUN AND THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI

ORAL JUDGMENT

(PER: THE HON'BLE MR. JUSTICE M.I.ARUN)

1. Aggrieved by the order passed by the learned Single Judge in W.P. No.103058/2022, the State has preferred the present writ appeal.

2. The respondent was appointed as a Lecturer in the Mechanical Engineering Department at BMS Engineering College, Bengaluru a Government-aided institution, on 31.03.1992. Thereafter, he resigned from the said college and was appointed as Principal of Government Engineering College, Ramanagara on 29.11.2010.

3. Subsequently, the respondent made an application dated 17.06.2021 requesting the State to take into consideration the services rendered by him in BMS Engineering College for the purpose of determining his pensionary benefits. The said request was considered and rejected by the State. Aggrieved by the same, the respondent preferred the writ petition.

4. The learned Single Judge, on the following grounds has allowed the writ petition and has passed the impugned order as under:

“7. 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.

8. 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^st April, 2006. In the instant case, the petitioner was appointed as a Lecturer in BMS Engineering College, a Government Aided Institution, in the year 1992. 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 18 years of service was appointed as an Associate Professor in the third respondent-University.

Accordingly, I pass the following:

ORDER

i) The writ petition is allowed.

ii) The impugned endorsement dated 08.02.2022 issued by respondent No.1, at Annexure-G, is hereby quashed.

iii) Respondent No.3 shall count the prior service rendered by the petitioner in the Government Aided Institution for the purpose of fixing pension in terms of Rule 224-B of the Rules and pass appropriate orders expeditiously within a period of three months from the date of receipt of certified copy of this order.”

5. Aggrieved by the same, the State has preferred the present appeal.

6. The case of the appellant-State is that the impugned order has been passed without taking into consideration Rule 223 of the Karnataka Civil Services Rules (for short ‘the Rules’) and by erroneously interpreting Rule

224 o