IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17^TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 22644 OF 2024 (S-R)

BETWEEN:

DR M. S. SIDDEGOWDA, S/O. SIDDEGOWDA,, AGED ABOUT 60 YEARS, RESIDING AT NO. 249, SHIVAKRUPA, 2^ND CROSS, NEAR CAUVERY GIRLS SCHOOL, SHIVANANJAPPA LAYOUT, MANDYA – 571 401.

…PETITIONER (BY SRI. GAURAV G.K., ADVOCATE)

AND:

1. THE STATE OF KARNATAKA DEPARTMENT OF HEALTH AND FAMILY WELFARE (MEDICAL EDUCATION), M.S. BUILDING, Digitally signed by BENGALURU - 560 001, CHANDANA REPRESENTED BY ITS PRINCIPAL SECRETARY.

B M Location:

2. DIRECTORATE OF MEDICAL EDUCATION High Court of Karnataka REPRESENTED BY DEPARTMENT OF HEALTH AND FAMILY WELFARE, M.S. BUILDING, ANAND RAO CIRCLE, BENGALURU – 560 001, REPRESENTED BY ITS DIRECTOR.

3. MANDYA INSTITUTE OF MEDICAL SCIENCES MYSORE-BANGALORE ROAD, MANDYA – 571 401 REPRESENTED BY ITS DIRECTOR.

4. KIDWAI MEMORIAL INSTITUTE OF ONCOLOGY DR. M. H. MARIGOWDA ROAD, BENGALURU – 560 029, REPRESENTED BY ITS DIRECTOR.

…RESPONDENTS (BY SRI. G. RAMESH NAIK, AGA FOR R1 & R2;

SRI. N. JAGADISH BALIGA, ADVOCATE FOR R3; SRI. ARAVIND V. CHAVAN, ADVOCATE FOR R4)

THIS W.P. IS FILED UNDER ARTICLE 226 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT DTD. 18.06.2024 (ANNX-A) BEARING NO. «ªÀiïì/¹§âA¢(1)/209/2008-09 ISSUED BY RESPONDENT NO.3 AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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

ORAL ORDER

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. «ªÀiïì/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 benefit of Old Pension Scheme on the ground that the resignation submitted by the petitioner to respondent No.4 for the purpose of getting appointed in respondent No.3-Institution was a technical resignation in terms of Section 252(b) of the Karnataka Civil Service Rules (for short “the KCSRs) and consequently, the petitioner would be entitled to continue under the Old Pension Scheme as being applicable to all employees who have joined prior to 31.03.2006. The said request made by the petitioner for granting him benefit under the Old Pension Scheme was rejected by respondent No.3 vide impugned endorsement at Annexure-A dated 18.06.2004, which is assailed in the present petition.

4. Learned counsel for the petitioner in addition to reiterating the various contentions urged in the present petition submits that having regard to the material on record which would indicate that the petitioner had submitted te