A technical resignation tendered with proper permission to take up another appointment does not constitute a break in service. Past service must be protected for pensionary benefits, and rules governing permanent absorption are inapplicable to cases of direct recruitment following such resignation.

THIS W.P IS FILED UNDER ARTICLE 226 OF THE CONSTITUITON OF INDIA PRAYING TO COMMUNICATION BEARING NO. 35844.MU/REG/EST (E-7)/60/2022 DATED 25.5.23 PRODUCED AT ANNEXURE-N ISSUED BY THE R1.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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

ORAL ORDER

In this petition, petitioner seeks the following reliefs:

“(a) Issue a writ of Certiorari or any other appropriate writ or order or direction, quashing

i) Communication bearing No.35844: MU/REG/EST(E 7)/60/2022 dated 25.05.2023 produced at ANNEXURE N issued by the 1st Respondent.

ii) Communication bearing No.ET 3/134/2008-09 dated 09.03.2023 produced at Annexure-P passed by the 2nd respondent and

iii) Communication bearing No. ED 45 UMV 2020 issued by the Government of Karnataka (Respondent No.3) dated 11.02.2022 produced at Annexure-Q, to meet the ends of justice.

(b) Issue a writ of Mandamus or any other appropriate writ or order or direction, directing the Respondents No.1, 2 and 4 to transfer the pension and service gratuity of the Petitioner which are due to him for having worked for 26 years in the 4th Respondent to the 3rd Respondent, consequent upon quashing the above orders, to meet the ends of justice.

(c) Pass such other order or orders as this Hon’ble Court deems fit in the circumstances of the case, including the costs of this litigation, to meet the ends of justice.”

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

3. A perusal of the material on record will indicate that the petitioner joined as a lecturer in History in Mysore University on 08.10.1987. On 04.04.1996, the petitioner was granted the benefit of placement as Senior Scale Lecturer. After obtaining necessary permission from the Mysore University, the petitioner tendered technical resignation under Rule 252 (b) of the KCSR for the purpose of being appointed as a Professor in respondent No.3 – Mangalore University by way of direct recruitment. In pursuance of the aforesaid technical resignation submitted by him, the petitioner was relieved from respondent No.4 and was appointed as a Professor in the respondent No.3 – Mangalore University. This was confirmed by the proceedings of respondent No.4 dated 06.01.2014 at Annexure- E. It is an undisputed fact that the petitioner reported to duty in respondent No.3 as per direction issued to him to report for duty at Annexure-F.

4. It is contended that since the petitioner has taken up employment with the respondent No.3 after submitting his application through proper channel and after getting duly relieved in accordance with law, the pension and other terminal benefits to which he is entitled to ought to have been transferred by respondent No.4 to respondent No.3, which has not been done so far by respondent No.4. The petitioner retired from service and attained the age of superannuation as Professor in respondent No.3 – Mangalore University on 31.05.2024 after completing 10 years 6 months of service. The petitioner rendered 26 years 3 months service with respondent No.4. In pursuance of the same, petitioner submitted representations dated 27.07.2020, 18.07.2022, 20.04.2023 and 06.05.2023 to respondent Nos.3 and 4 at Annexures- L, L1, L2, L3, L4, L5, M and M1. The representations submitted by petitioner was rejected by a reply dated 25.05.2023 passed by respondent No.3 at Annexure-N, communication dated 09.0