A technical resignation tendered to take up another appointment through proper channel as per Rule 252(b) of the Karnataka Civil Services Rules constitutes continuity of service, entitling the employee to count their entire previous tenure for pensionary benefits under the Old Pension Scheme.

THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 TO PROVIDE THE ENTIRE PENSIONARY BENEFITS TO THE PETITIONER FOR THE 25 YEARS OF CONTINUOUS SERVICE (FROM 27.08.1996 TO 31.05.2021) THAT THE PETITIONER PUT IN WITH THE RESPONDENTS-UNIVERSITIES 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, petitioner seeks the following reliefs:

“a. Issue a writ of mandamus or any other appropriate writ directing the respondent No.1 to provide the entire pensionary benefits to the petitioner for the 25 years of continuous service (from 27/08/1996 to 31/05/2021) that the petitioner put in with the respondents-Universities.

b. Issue a writ of mandamus or any other appropriate writ directing the Respondent No.2 to remit the pensionary benefits payable to the petitioner to respondent No.1 for the years of continuous service (from 27/08/1996 to 25/10/2013) that the petitioner had put in with the respondents 2 and 3-Universities.

c. Issue a writ of mandamus directing the respondents 1 and 3 to pay appropriate interest for overdue pension and compensation for the delay in the payment of pension to the petitioner in accordance with law.

d. Pass such other orders as the Court may deem fit in the interest of justice and equity.”

2. Heard learned counsel for the petitioner and learned counsel for the respondents and perused the material on record.

3. A perusal of the material on record will indicate that the petitioner was appointed as Assistant Professor of Fisheries (Aquaculture) in Extension Education Unit at the University of Agricultural Sciences (UAS-D) on 27.08.1996 and reported to duty on 29.08.1996 and from that day onwards, the petitioner served in various designation / cadre in UAS-D upto 22.12.2010 and as a result of bifurcation of UAS-Dharwad into UAS-Raichur, petitioner continued to work at UAS-Raichur between 23.12.2010 and 25.10.2013. Meanwhile, petitioner made an application to the post of Professor (Food Processing Technology) at UAS-Bangalore, which was forwarded by the UAS-Raichur to the Administrative Officer of UAS-Bangalore vide Annexure – D dated 22.01.2013. Based on the said application forwarded by the petitioner by way of technical resignation in terms of Rule 252(b) of the Karnataka Civil Service Rules (for short, ‘KCSRs’), which is applicable to the respondent-Universities, the 1st respondent-UAS-Bangalore appointed the petitioner as Professor (Food Processing Technology) on 24.09.2013, pursuant to which, the technical resignation submitted by the petitioner was accepted by UAS-Raichur and petitioner was relieved from his duties and reported to UAS-Bangalore on 28.10.2013.

4. Subsequently, after attaining the age of superannuation on 31.05.2021, the petitioner submitted a representation on 19.08.2020 requesting 1st respondent – UAS-Bangalore to reckon / consider his past services and apply the Old Pension Scheme (OPS) instead of the New Pension Scheme (NPS) since he had continuity of service due to technical resignation submitted by him to UAS-Raichur, which was forwarded by the UAS- Raichur to 1st respondent / UAS-Bangalore, while still working in UAS Raichur. It is the grievance of the petitioner that despite repeated representations submitted by him even after retirement, requesting the 1st respondent to consider his past service and grant him pensionary benefits under the Old Pensio