Karnataka High Court
Chidanand Reddy S Patil S/O ... vs State Of Karnataka on 17 March, 2026
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NC: 2026:KHC-D:4274
WP No. 101423 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 17TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MS. JUSTICE JYOTI M
WRIT PETITION NO. 101423 OF 2025 (S-R)
BETWEEN:
CHIDANANDA REDDY S. PATIL
S/O SANNABASANAGOUDA PATIL,
AGE. 63 YEARS, R/O. VANASHRI,
BARAKOTRI ROAD, DHARWAD-580 007.
... PETITIONER
(BY SRI. J.S. SHETTY, ADVOCATE)
AND:
1. STATE OF KARNATAKA,
BY ITS SECRETARY FINANCE DEPARTMENT,
M.S. BUILDING, BENGALURU-560 001.
2. THE PRINCIPAL SECRETARY,
DEPARTMENT OF LAW,
JUSTICE AND HUMAN RIGHTS,
GOVT. OF KARNATAKA,
VIDHANA SOUDHA,
BENGALURU-560 001.
Digitally signed by
PREMCHANDRA
MR 3. KARNATAKA STATE LAW UNIVERSITY,
Location: HIGH
COURT OF NAVANAGAR, HUBBALLI-580 025,
KARNATAKA
DIST. DHARWAD,
REPRESENTED BY ITS REGISTRAR.
4. KARNATAKA UNIVERSITY, DHARWAD,
PAVATE NAGAR, DHARWAD-580 003,
BY ITS REGISTRAR.
... RESPONDENTS
(BY SMT. GIRIJA HIREMATH, HCGP FOR R1 TO R2;
SRI. K.L. PATIL, ADVOCATE FOR R3;
SRI. SHRIHARSHA A. NEELOPANT, ADVOCATE FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS.
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NC: 2026:KHC-D:4274
WP No. 101423 of 2025
HC-KAR
THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN
'B' GROUP, THIS DAY, AN ORDER IS MADE AS UNDER:
ORAL ORDER
Sri.J.S.Shetty, counsel for the petitioner, Smt.Girija Hiremath, HCGP for respondents 1 and 2, Sri.K.L.Patil, counsel for respondent No.3 and Sri. Shriharsha A.Neelopant, counsel for respondent No.4 have appeared in person.
2. The writ petition is filed seeking the following reliefs:
"a) Issue a writ of certiorari to quash the order dated 17.12.2024 passed by the third respondent in KaRaKaVi/SiAaSuE/2024-25/2248, the copy of which has been produced and marked as Annexure A, the order dated 21.10.2024 passed in No.Law.KLM/6/2023 passed by the first respondent, the copy of which has been produced and marked as Annexure B, and the order No.Law.74/KLM/2020 dated 04.03.2021 passed by the first respondent, the copy of which has been produced and marked as Annexure C, and also the order No.Karakavisiaasuee/2023-24/3502 dated 30.03.2024 the copy of which has been produced and marked as Annexure D.
b) Further direction may kindly be issued to the third respondent to settle all the pension benefits of the petitioner under the Old Pension scheme and settle the DCRG and the benefit of the leave encashment unpaid for a period of 204 days, by also treating the 28 years -3- NC: 2026:KHC-D:4274 WP No. 101423 of 2025 HC-KAR of service of the petitioners including his service in the fourth respondent university.
c) Further it may be declared that the benefit of the pay protection given to the petitioner by treating his past service in the fourth respondent University and benefit of Pay Protection, granted in favour of the petitioner as per the Resolution passed by the Syndicate, in its 40th Meeting held on 06-11-2014 vide resolution on Item No.23, which has been produced at Annexure-P and order No.KaRaKaVi/CAaSuE/2021-
22/0242, dated 21-5-2021, is proper and correct, and the respondent authorities are not having any authority to cancel the said benefit and recover any amount, from the petitioner.
d) Further direction may also be issued to third respondent to settle the pension, DCRG and leave encashment and other retirement and service benefits of the petitioner, with interest at the rate of 18% per annum for the delayed payment.
e) Any other relief which this Honourable Court deems fit to grant, in the facts and the circumstances of the case, may kindly be granted in favour of the petitioner, by allowing this writ petition with cost, in the ends of justice and equity".
3. Counsel for the respective parties presented several contentions.
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NC: 2026:KHC-D:4274 WP No. 101423 of 2025 HC-KAR Counsel for the petitioner submits that the action of Respondents 1 and 2 is contrary to Rule 252(b) of the Karnataka Civil Services Rules. On this basis, counsel seeks appropriate relief from this Court.
4. Heard the arguments and perused the records with due care.
5. The Hon'ble Apex Court has settled the legal position on such issues, holding that movement through a proper channel cannot be construed as a resignation or a fresh appointment, and that past service must be protected. In view of the settled law, the impugned endorsement dated 17.12.2024 issued by the third respondent (Annexure-A), the impugned endorsement dated 21.10.2024 issued by the first respondent (Annexure-B), the impugned endorsement dated 04.03.2021 issued by the first respondent (Annexure-C), and the impugned endorsement dated 30.03.2024 (Annexure-D) are hereby quashed.
Respondents 1 and 2 are directed to extend the benefit of the Old Pension Scheme to the petitioner by reckoning the past -5- NC: 2026:KHC-D:4274 WP No. 101423 of 2025 HC-KAR service rendered, in accordance with law, within a period of eight weeks from the date of receipt of a certified copy of this order.
6. With the above observation, the Writ Petition is allowed.
Sd/-
(JYOTI M) JUDGE MRP LIST NO.: 2 SL NO.: 14