Employees who resigned technically under government service rules to join another public institution, with prior permission, retain their continuity of service. They are entitled to the Old Pension Scheme if they initially entered public service before the cutoff date, as pension is a protected constitutional property right.

WRIT PETITION NO. 18075 OF 2025 (S-RES)

THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH NOTIFICATION BEARING NO. MIMS/SIBBANDI(1)/50/2019-20 DATED 12.05.2022 ISSUED BY THE RESPONDENT NO. 4 PRODUCED AT ANNEXURE-A AND ETC.,

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

ORAL ORDER

1. In this petition, the petitioner seeks the following reliefs:

“a) Issue an appropriate writ / order / direction quashing Notification bearing No.MIMS/Sibbandi(1)/50/2019-20 dated 12.05.2022 issued by the Respondent No.4 produced at Annexure – A;

b) Issue an appropriate writ / order / direction directing the Respondents to provide retirement benefits to the Petitioner such as pension under the Old Pension Scheme along with arrears and interest from the date of entitlement and accrual till the date of its realization, gratuity, etc.,

c) Issue an appropriate writ / order / direction as this Hon’ble Court deems fit to grant in the facts and circumstances of the case, in the interest of justice.”

2. Heard learned counsel for the petitioner, learned AGA for respondent Nos.1 to 3 and learned counsel for respondent no.4 and perused the material on record.

3. In addition to reiterating the various contentions urged in the memorandum of petition and referring to the material on record, learned counsel for the petitioner invited my attention to the order of this Court in the case of Dr. M.S. Siddegowda Vs. The State of Karnataka and others – W.P.No.22644/2024 dated 17.03.2026,, in order to contend that the present petition deserves to be allowed and disposed of in terms of the said order.

4. Per contra, learned counsel for the respondents submits that there is no merit in the petition and that the same is liable to be dismissed.

5. As rightly contended by the learned counsel for the petitioner the present petition is directly and squarely covered by a decision of this Court in the case of Dr. M.S. Siddegowda Vs. The State of Karnataka and others – W.P.No.22644/2024 dated 17.03.2026, which reads as under:

“In this petition, the petitioner seeks the following reliefs:

“1. Issue any appropriate Writ/Order quashing the endorsement dated 18.06.2024 (Annexure-A); bearing No. «ªÀiï ì/¹§âA¢(1)/209/2008-09 issued by respondent No.3.

2. Issue any appropriate Writ/Order directing the respondents to provide retirement benefits including pension, gratuity, leave encashment etc.;

3. Pass any other Writ/directions/Orders that this Hon’ble Court may deem fit under the facts and circumstances of the case interest of justice and equity.”

2. Heard learned counsel for the petitioner, learned AGA for respondent Nos.1 and 2, learned counsel for respondent Nos.3 and 4 respectively and perused the material on record.

3. A perusal of the material on record will indicate that the petitioner joined as an Associate Professor in respondent No.4-Institution on 25.01.1994 and continued to work there up to 30.10.2006. On 16.03.2005, the petitioner submitted a representation/request to respondent No.4-Institution seeking permission to apply to the post of Associate Professor of Pathology in Karnataka State Government Autonomous Institution, which was allowed/permitted by respondent No.4 vide Official Memorandum dated 28.03.2005 at Annexure-D to the petition. In pursuance of the same, the petitioner applied to respondent No.3-Institution, which appointed him as an Associate Professor with effect from 24.02.2006 and the petitioner reported to service on 31.10.2006. Subsequently, on 30.09.2023, the petitioner attained the age of superannuation and thereafter submitted a representation to respondent No.3 seeking ben