[Cites 6, Cited by 0]
Karnataka High Court
Sri. Mahadevaswamy vs State Of Karnataka on 16 December, 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF DECEMBER, 2025
PRESENT
THE HON'BLE MRS. JUSTICE ANU SIVARAMAN
AND
THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
WRIT APPEAL NO. 984 OF 2024 (S-RES)
C/W.
CIVIL CONTEMPT PETITION NO. 218 OF 2024
WRIT APPEAL NO. 1549 OF 2023 (S-RES)
IN WA NO. 984 OF 2024:
BETWEEN:
1. THE STATE OF KARNATAKA
REPRESENTED BY THE PRINCIPAL SECRETARY
DEPARTMENT OF EDUCATION
(HIGHER EDUCATION)
GOVERNMENT OF KARNATAKA
M.S. BUILDING
BENGALURU-560 001
2. THE COMMISSIONER
FOR COLLEGIATE EDUCATION
SHESHADRI ROAD
BENGALURU-560 001
3. THE ACCOUNTANT GENERAL
OF KARNATAKA (A AND E)
PARK HOUSE, BENGALURU-560 001
4. THE PRINCIPAL SECRETARY
FINANCE DEPARMTENT
GOVERNMENT OF KARNATAKA
M.S. BUILDING
BENGALURU-560 001
...APPELLANTS
-
2
(BY SMT. MAMATHA SHETTY, AGA)
AND:
1. SRI. MAHADEVASWAMY
AGED ABOUT 58 YEARS
S/O LATE GORAVASETTI
R/AT. AARUSHI, 4TH CROSS
SHRINIDHI LAYOUT
SAPTHAGIRI EXTENSION
TUMAKURU-572 102
(HUSBAND OF LATE SMT. RAVIKALA K.L.
WHO DIED ON 28.07.2016 WHILE WORKING
AS ASSOCIATE PROFESSOR)
2. SMT. T.L. ANASUYAMMA
AGED ABOUT 59 YEARS
W/O LATE DR. ESHWAR H.Y.
R/AT. POOJA NILAYA
1ST FLOOR, 4TH MAIN
4TH CROSS, MAHALAXMI NAGAR
TUMAKURU-572 102
(WIFE OF LATE DR. ESHWAR H.Y.
WHO DIED ON 08.01.2019
WHILE WORKING AS AN
ASSOCIATE PROFESSOR)
3. DR. JAYARAMU M.
AGED ABOUT 65 YEARS
S/O LATE H. MARI GOWDA
R/AT. No.KT 249/A, 13TH CROSS
CHAMUNDESHWARI NAGAR
KEB COLONY, MANDYA-571 401
(RETIRED ON 30.09.2016
AS ASSOCIATE PROFESSOR)
4. SRI. HONNESHAIAH
AGED ABOUT 60 YEARS
S/O LATE HONAPPA
R/AT. NITHYASHREE NILAYA
BEHIND AYYAPPA SWAMY TEMPLE
BALAGINAGARA
-
3
OORKERE POST
TUMAKURU-572 106
(RETIRED ON 31.03.2020
AS SUPERINTENDENT)
5. SRI. RAMACHANDRAPPA
AGED ABOUT 64 YEARS
S/O THIMMAIAH
R/AT. SIDDARAMESHWARA NILAYA
3RD CROSS, KRISHANAGARA
SIT, TUMAKURU-572 102
(RETIRED ON 30.11.2016 AS PEON)
6. SRI. K. RAMACHANDRAPPA
ASSOCIATE PROFESSOR
AGED ABOUT 58 YEARS
S/O KARIYAPPA
WORKING AT TUMKUR UNIVERSITY
B.H. ROAD, TUMAKURU-572 103
7. SRI. KARIYANNA B.
ASSOCIATE PROFESSOR
AGED ABOUT 54 YEARS
S/O BADEERAPPA
WORKING AT TUMKUR UNIVERSITY
B.H. ROAD, TUMAKURU-572 103
8. SRI. HARIPRASAD T.N.
ASSOCIATE PROFESSOR
AGED ABOUT 51 YEARS
S/O L. NARASIMHAIAH
WORKING AT TUMKUR UNIVERSITY
B.H. ROAD, TUMAKURU-572 103
9. SMT. DAKSHAYANI G.
ASSOCIATE PROFESSOR
AGED ABOUT 52 YEARS
W/O RAMANJINAIAH B.
WORKING AT TUMKUR UNIVERSITY
B.H. ROAD, TUMAKURU-572 103
-
4
10 . DR. B.L. MUKUNDAPPA
ASSOCIATE PROFESSOR
AGED ABOUT 58 YEARS
S/O K. LINGANNA
WORKING AT TUMKUR UNIVERSITY
B.H. ROAD, TUMAKURU-572 103
11 . SMT. SHALINI B.R.
ASSOCIATE PROFESSOR
AGED ABOUT 53 YEARS
W/O K.L. ANANDKUMAR
WORKING AT TUMKUR UNIVERSITY
B.H. ROAD, TUMAKURU-572 103
12 . DR. ASIYA NUZHAT F.B.
ASSOCIATE PROFESSOR
AGED ABOUT 55 YEARS
D/O LATE M.A. REHMAN
WORKING AT TUMKUR UNIVERSITY
B.H. ROAD, TUMAKURU-572 103
13 . DR. SHET PRAKASH M.
ASSOCIATE PROFESSOR
AGED ABOUT 51 YEARS
S/O MAHABALESHWAR P. SHET
WORKING AT TUMKUR UNIVERSITY
B.H. ROAD, TUMAKURU-572 103
14 . DR. SREENIVASA S.
ASSOCIATE PROFESSOR
AGED ABOUT 54 YEARS
S/O SWAMY T. SREEVARI
WORKING AT TUMKUR UNIVERSITY
B.H. ROAD, TUMAKURU-572 103
15 . SMT. SHABEENA ANJUM K.S.
ASSISTANT PROFESSOR
AGED ABOUT 47 YEARS
W/O MOHAMMED KHALID RABBANI
WORKING AT TUMKUR UNIVERSITY
B.H. ROAD, TUMAKURU-572 103
-
5
16 . DR. J. MALLESHAPPA
ASSISTANT PROFESSOR
AGED ABOUT 47 YEARS
S/O JANGAMAPPA
WORKING AT TUMKUR UNIVERSITY
B.H. ROAD, TUMAKURU-572 103
17 . DR. RAMAKRISHNA G.
ASSISTANT PROFESSOR
AGED ABOUT 49 YEARS
S/O G. GOVINDAPPA
WORKING AT TUMKUR UNIVERSITY
B.H. ROAD, TUMAKURU-572 103
18 . DR. H.M. LALITHA
ASSISTANT PROFESSOR
AGED ABOUT 49 YEARS
W/O M. MAHALINGESH
R/AT. SHIVADWAJA NEAR
WORKING AT TUMKURU UNIVERSITY
B.H. ROAD, TUMAKURU-572 103
19 . THE TUMKUR UNIVERSITY
REPRSENTED BY ITS REGISTRAR
B.H. ROAD, TUMAKURU-572 103
...RESPONDENTS
(BY SRI. P.P. HEGDE, SENIOR ADVOCATE FOR
SRI. VENKATESH SOMAREDDI, ADVOCATE FOR R1 TO R18;
R19 -SERVED)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT, 1961, PRAYING TO (a) CALL FOR THE
RECORDS IN WP No.13001/2020 AND EXAMINE THE SAME IN ITS
ENTIRETY AND (b) ALLOW THE APPEAL BY SETTING ASIDE THE
ORDER PASSED BY THE LEARNED SINGLE JUDGE IN WP
No.13001/2020 DATED 03.10.2023 AND ETC.
-
6
IN CCC NO 218 OF 2024:
BETWEEN:
1. SRI. MAHADEVASWAMY
AGED ABOUT 58 YEARS
S/O LATE GORAVASETTI
R/AT. AARUSHI, 4TH CROSS
SHRINIDHI LAYOUT
SAPTHAGIRI EXTENSION
TUMAKURU-572 102
(HUSBAND OF LATE
SMT. RAVIKALA K.L.
WHO DIED ON 28.07.2016
WHILE WORKING AS
ASSOCIATE PROFESSOR)
2. SMT. T.L. ANASUYAMMA
AGED ABOUT 59 YEARS
W/O LATE DR. ESHWAR H.Y.
R/AT. POOJA NILAYA, 1ST FLOOR
4TH MAIN, 4TH CROSS
MAHALAXMI NAGAR
TUMAKURU-572 102
(WIFE OF LATE DR. ESHWAR H.Y.,
WHO DIED ON 08.01.2019
WHILE WORKING AS
ASSOCIATE PROFESSOR)
3. DR. JAYARAMU M.
AGED ABOUT 65 YEARS
S/O LATE H. MARI GOWDA
R/AT No.KT 249/A, 13TH CROSS
CHAMUNDESHWARI NAGAR
KEB COLONY, MANDYA-571 401
(RETIRED ON 30.09.2016 AS
ASSOCIATE PROFESSOR)
4. SRI. HONNESHAIAH
AGED ABOUT 64 YEARS
S/O LATE HONAPPA
R/AT. NITHYASHREE NILAYA
BEHIND AYAPPA SWAMY TEMPLE
-
7
BALAGINAGARA, OORKERE POST
TUMAKURU-572 106
(RETIRED ON 31.03.2020 AS
SUPERINTENDENT)
5. SRI. RAMACHANDRAPPA
AGED ABOUT 64 YEARS
S/O THIMMAIAH
R/AT. SIDDARAMESHWARA NILAYA
3RD CROSS, KRISHNANAGARA
SIT, TUMAKURU-572 102
(RETIRED ON 30.11.2016 AS PEON)
...COMPLAINANTS
(BY SRI. P.P. HEGDE, SENIOR ADVOCATE FOR
SRI. VENKATESH SOMAREDDI, ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY DEPARTMENT OF HIGHER EDUCATION
M.S. BUILDING, BENGALURU-560 001
REPRESENTED BY SECRETARY
...PROFORMA RESPONDENT
2. SHRI. SRIKAR M.S.
AGED MAJOR
FATHER NAME NOT KNOWN
THE PRINCIPAL SECRETARY
STATE OF KARNATAKA
DEPARTMENT OF EDUCATION
(HIGHER EDUCATION)
GOVERNMENT OF KARNATAKA
M.S. BUILDING, BENGALURU-560 001
3. SRI. JAGADEESHA G.
AGED MAJOR
FATHER NAME NOT KNOWN
THE COMMISSIONER
FOR COLLEGIATE EDUCATION
SHESHADRI ROAD
BENGALURU-560 001
-
8
4. SMT. NAHIDA ZAM ZAM
AGED MAJOR
FATHER NAME NOT KNOWN
REGISTRAR
TUMKUR UNIVERSITY
B.H. ROAD , TUMAKURU-572 103
...ACCUSED
(BY SMT. MAMATHA SHETTY, AGA FOR PROFORMA R1;
SRI. T.P. RAJENDRA KUMAR SUNGAY, ADVOCATE FOR A4;
A2 & A3 ARE SERVED)
THIS CCC IS FILED UNDER ARTICLE 215 OF THE
CONSTITUTION OF INDIA AND SECTIONS 11 AND 12 OF THE
CONTEMPT OF COURTS ACT, 1971, BY THE COMPLAINANT PRAYS
THAT THE HON'BLE COURT BE PLEASED TO PUNISH AND
CONVICT ACCUSED FOR THE OFFENCE OF CONTEMPT OF COURT
UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS
ACT, 1971, FOR THE DISOBEDIENCE OF THE ORDER DATED
03.10.2023 PASSED BY THE HONBLE HIGH COURT OF
KARNATAKA IN WP No.13001/2020 VIDE ANNEXURE-A.
IN WA NO 1549 OF 2023:
BETWEEN:
1 . SRI. MAHADEVASWAMY
AGED 58 YEARS
S/O LATE GORAVASETTI
R/AT. AARUSHI, 4TH CROSS
SHRINIDHI LAYOUT
SAPTHAGIRI EXTENSION
TUMAKURU-572 102
(HUSBAND OF LATE
SMT. RAIVKALA K.L.
WHO DIED ON 28.07.2016
WHILE WORKING AS
ASSOCIATE PROFESSOR
2 . SMT. T.L. ANASUYAMMA
AGED 59 YEARS
W/O LATE DR. ESHWAR H.Y.
R/AT. POOJA NILAYA
-
9
1ST FLOOR, 4TH MAIN
4TH CROSS, MAHALAXMI NAGAR
TUMAKURU-572 102
(WIFE OF LATE DR. ESHWAR H.Y.
WHO DIED ON 08.01.2019
WHILE WORKING AS
ASSOCIATE PROFESSOR)
3 . DR. JAYARAMU M.
AGED 65 YEARS
S/O LATE H. MARI GOWDA
R/AT No.KT 249/A, 13TH CROSS
CHAMUNDESHWARI NAGAR
KEB COLONY, MANDYA-571 401
(RETIRED ON 30.09.2016
AS ASSOCIATE PROFESSOR)
4 . SRI. HONNESHAIAH
AGED 60 YEARS
S/O LATE HONAPPA
R/AT. NITHYASHREE NILAYA
BEHIND AYYAPPASWAMY TEMPLE
BALAGINAGARA, OORKERE POST
TUMAKURU-572 106
(RETIRED ON 31.03.2020 AS
SUPERINTENDENT)
5 . SRI. RAMACHANDRAPPA
AGED 64 YEARS
S/O THIMMAIAH
R/AT. SIDDARAMESHWARA NILAYA
3RD CROSS, KRISHNA NAGARA
SIT, TUMAKURU-572 102
(RETIRED ON 30.11.2016 AS PEON)
...APPELLANTS
(BY SRI. P.P. HEGDE, SENIOR ADVOCATE FOR
SRI. VENKATESH SOMAREDDI, ADVOCATE)
AND:
1 . STATE OF KARNATAKA
REPRESENTED BY
THE PRINCIPAL SECRETARY
-
10
DEPARTMENT OF EDUCATION
(HIGHER EDUCATION)
GOVERNMENT OF KARNATAKA
M.S. BUILDING, BENGALURU-560 001
2 . THE COMMISSIONER
FOR COLLEGIATE EDUCATION
SHESHADRI ROAD
BENGALURU-560 001
3 . TUMKUR UNIVERSITY
REP. BY ITS REGISTRAR
B.H. ROAD
TUMAKURU-572 103
4 . THE ACCOUNTANT GENERAL
OF KARNATAKA ( A AND E)
PARK HOUSE
BENGALURU-560 001
5 . THE PRINCIPAL SECRETARY
FINANCE DEPARTMENT
GOVERNMENT OF KARNATAKA
M.S. BUILDING
BENGALURU-560 001
...RESPONDENTS
(BY SMT. MAMATHA SHETTY, AGA FOR R1, R2 & R5)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT, 1961, PRAYING TO (1). SET ASIDE THE
ORDER DATED 03.10.2023 PASSED BY THE LEARNED SINGLE
JUDGE IN WP No.13001/2020 IN SO FAR IT PERTAINS TO
LEVYING OF SIX PERCENT OF INTEREST ON DELAYED PAYMENT
OF PENSION FROM 18.09.2020 AND CONSEQUENTLY INCREASE
THE RATE OF INTEREST TO 8% FROM THE DATE WHEN THE
RETIRAL BENEFITS (FROM THE DATE OF THEIR RETIREMENT)
FELL DUE TO THE APPELLANTS AND ETC.
THESE WRIT APPEALS AND CCC HAVING BEEN HEARD AND
RESERVED FOR JUDGMENT ON 11.11.2025 AND COMING ON FOR
PRONOUNCEMENT OF JUDGMENT THIS DAY, ANU SIVARAMAN
J., PRONOUNCED THE FOLLOWING:
-
11
CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN
and
HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
CAV JUDGMENT
(PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN)
The captioned writ appeals are filed against the
judgment dated 03.10.2023 of the learned Single Judge in
Writ Petition No.13001/2020 (S-RES).
Writ Appeal No.984/2024 is filed by the respondents
No.1, 2, 4 and 5/(State) while Writ Appeal No.1549/2023 is
filed by the petitioners No.1 to 5 in the Writ Petition seeking
higher rate of interest on the delayed payment of pension
from 18.09.2020 till date of payment. The Contempt of
Court Case is filed alleging willful disobedience of the
judgment of the learned Single Judge.
2. We have heard Shri. P.P. Hegde, learned Senior
Advocate as instructed by Shri. Venkatesh Somareddy,
learned Advocate appearing for the appellants/complainants,
Smt. Mamatha Shetty, learned Additional Government
-
Advocate appearing for the State and Shri T. P. Rajendra
Kumar Sungay, learned counsel for accused No.4/University.
3. The substantial prayers in the writ petition were
seeking a declaration that the employees of respondent
No.19-Tumkur University are entitled to pension and other
benefits under the Old Pension Scheme. A prayer was also
sought to calculate the benefits under the Old Pension
Scheme and to disperse the interest at 12% per annum.
Further, a prayer was also sought to quash the Notification
dated 24.01.2023 and the statute for Absorption of Opted in
Teaching and Non Teaching Staff of erstwhile Government
Science College, Tumkur and Government Arts College,
Tumkur into University Service framed by the Commissioner
of a Collegiate Education.
4. The petitioners were persons, who had been
appointed as teaching and non-teaching staff in the service
of the Karnataka State in different Government Colleges
under the State Government. They entered service prior to
01.04.2006. They were transferred to the Government Arts
and Science College, Tumkur. While so, the Karnataka State
-
Universities Act, 2000 was amended by Karnataka Act No.10
of 2004, providing for the establishment of a Tumkur
University with headquarters at Tumkur having jurisdiction
over the Districts of Tumkur, Kolar and Bangalore Rural
excluding Kanakapura and Hoskote Taluks by Annexure A.
In exercise of the powers under Section 82 of the Karnataka
State Universities Act, 2000, the Government Science
College and the Government Arts College, Tumkur were
transferred to the Tumkur University as per Annexure B -
Notification dated 21.01.2010. The transferred Colleges
became constituent colleges of the Tumkur University. All
benefits of their prior service was extended to them and
they were being paid the revised pay scale under the
University Grants Commission (UGC) Regulations. On
01.04.2006, the new defined contributory pension scheme
was brought into effect in Karnataka by Annexure D - Order
dated 31.03.2006. By Annexure E - Official Memorandum
dated 12.07.2007, it was clearly provided that persons who
are already in regular Government service prior to
01.04.2006 and who apply for posts in the same or other
-
Departments through proper channel or tender technical
resignation and subsequently join new posts on or after
01.04.2006 will not be treated as new entrants and will be
governed by the Old Pension Scheme.
5. It is contended that the Tumkur University
proposed to introduce a statute by name 'Statutes
Governing Settlement of Seniority and Pensionary Benefits
of Teaching and Non-Teaching Employees of the
Government Science College and Government Arts College,
Tumkur' and sent the proposed statute to the Government
on 15.09.2016. The statute was returned by the
Government stating that the employees were to be treated
as new entrants and new entrants in the Tumkur University
and the National Pension Scheme must be made applicable
to them. The writ petitioners challenged the said statutes
and sought the benefits under the Old Pension Scheme.
6. The learned Single Judge found that the
employees who joined Government Art and Science Colleges
before 01.04.2006, and were later absorbed into Tumkur
-
University should continue to receive Pension benefits under
Old Pension Scheme, as was the rule when they started their
service. The University and State Government must
calculate and pay these benefits within 2 months from
receiving the Court order with interest at 6% per annum
from 18.09.2020 until payment is made. Family Pension and
other benefits of the spouses of the deceased employees
must also be paid with interest from the date of
death/retirement of the respective staff. It was held that
absorption of employees into the University cannot be
considered as a fresh appointment and their service
conditions including Pension cannot be changed to their
disadvantage.
7. It is contended by Smt. Mamatha Shetty, learned
Additional Government Advocate appearing for the appellant
in WA No.984/2024 that the respondents or the respective
employees who had joined the Tumkur University after
01.04.2006, were liable to be covered by the New Pension
Scheme and not by the Old Pension Scheme. It is submitted
that the employees having given their consent to be
-
absorbed in the new University had impliedly accepted the
new terms of employment and are not entitled to the Old
Pension Scheme.
8. However, Shri. P.P. Hegde, learned senior
counsel appearing for the employees contends that the
Tumkur University has no powers to modify / change the
service conditions including the pensionary benefits of the
employees who were transferred pursuant to the Notification
dated 21.01.2010 to their detriment. It is further contended
that there is a concerted effort by the State Government to
defeat and take away the important pensionary right
guaranteed in Article 300 of the Constitution of India. Since
their representations to the Government have not been
fruitful, the respondents claim that they were highly
aggrieved and approached this Court for redressal of their
grievances.
9. It is further contended by the learned senior
counsel appearing for the employees, that the employees
were admittedly appointed as teaching or non-teaching staff
in Government Colleges. It is submitted that it is due to the
-
vesting of the colleges in the University that their
employment came to be transferred to the University. Their
option to continue in the University cannot be seen as
consent to be treated as fresh recruits, since there was no
such provision in the option provided to them or in
Annexure-B. It is contended that their earlier service cannot
be wiped out on their absorption to the Tumkur University
by transfer of the Institutions they worked in to that
University.
10. We have considered the contentions advanced. It
is an admitted fact that the Employees concerned were
teaching or non-teaching staff initially regularly appointed in
the Government Arts and Science College, Tumkuru. Their
appointment was well before the introduction of New
Pension Scheme and they were entitled to the benefits of
the statutory Old Pension Scheme. The Tumkur University
was set up by the Karnataka State University's Amendment
Act, 2004, thereafter, by Government Order dated
21.01.2010, the Government Science College and the
Government Arts College, Tumkur were transferred to the
-
Tumkur University. The Government Order specifically
provided that adequate opportunities provided as follows:-
"1. Tumkur Government Science College and
Government Arts College shall be maintained as
constituent colleges after being handed over to
Tumkur University;
2. Adequate opportunities should be provided to the
teaching and non-teaching employees currently
working in the said colleges to stay under the college
education department or to join the university service.
3. The seniority of the teaching and non-teaching
employees of Tumkur University under the jurisdiction
of the Department of College Education shall be
considered in accordance with Rule 6 of the
Karnataka Government Employees (Seniority Rules),
1957;
4. The expenditure estimates made for the two
Government Colleges of Tumkur namely Government
Science College and Government Arts College in the
budget for the year 2009-10 shall be included in the
non-plan grants of Tumkur University.
5. If any guidance or clarification is required in the
process of handing over the assets and liabilities of
the said two colleges to Tumkur University, a final
report should be approached to the Government;
6. The College Education Department shall have the
right to acquire the land required for the use of the
-
said colleges with the approval of the Government in
case of further need in the land belonging to the two
Government Colleges i.e. Government Science
College and Government Arts College.
7. Regarding the land of the said two colleges, according
to survey No. 316 to 326 and account number: 3436;
3840 and 3437: 3841, the total area of the college is
110.10 acres and the building and other immovable
property and heirlooms on the said land and male
student dormitory and Tumkur related to the said
colleges. The female student hostels near the railway
station have been handed over to Tumkur University.
8. Rs.73,21,313.28 in the bank account of Government
Arts College and Rs.5,198.00 related to treasury
account and Rs.5,198.00 in the bank account of
Government Science College. Rs.64,67,296.94 and
Rs.1,09,194.00 pertaining to treasury account is
hereby handed over to Tumkur University
immediately."
11. The provisions with regard to pension applicable
in the Tumkur University, at the time of its formation by the
enactment of 01.10.2004 were the Bangalore University
Pension Statutes, 1979, which continued to be applicable in
terms of Section 7 of the 2004 Amendment Act. The learned
Single Judge considered the provisions of the Amendment
-
Act, the Government Orders implementing the National
Pension Scheme, the conditions in Annexure-B and the
consent was not a part of Annexure-B Notification dated
21.01.2010 given by the employees for being absorbed in
the Tumkur University, the provisions of the Karnataka
Government Servants' (Seniority) Regulations, 1957, as well
as the pension regulations applicable to employees of the
University. It was also found that the University had framed
a draft statute regarding absorption of teaching and non-
teaching staff, who had opted to be absorbed in the
University. The Government sought for an Amendment to
clause 10 and the Amendment was carried out by the
Syndicate of the University, providing that the absorbed
employees would be governed by New Pension Scheme
and would be entitled to pro-rata pensionary benefits for the
service rendered by them under the Government till the date
of absorption and thereafter they would be governed by the
pension rules applicable as on their date of absorption in the
university.
-
12. Considering the fact that the employees were
initially Government servants who had entered service
before the National Pension Scheme was implemented in the
State, and the fact that they were absorbed into the
University on account of its creation, the learned Single
Judge found that the admitted absorption cannot be
construed as a fresh appointment under any circumstances.
13. The learned Single Judge has considered the
contentions advanced both by the University and the State
in coming to this conclusion. Further, we also notice that the
condition that they would not be entitled to pension under
the Old Pension Scheme and would be entitled only for pro-
rata pension for their Government service and would be
treated as fresh entrants in service as on the date of their
absorption was not a part of Annexure-B Notification dated
21.01.2010. The said condition was never put to them when
they were required to make their option to continue in
Government service or to be absorbed in the University.
-
14. The appellant - State had filed statement of
objections in the Writ Petition and produced documents and
also additional statement of objections and Affidavit, and
contested the case. The learned Single Judge allowed the
Writ Petition by declaring that the respondents cannot be
construed as new recruits and they have to be considered as
Government servants who have been appointed prior to
01.04.2006 and therefore they are governed by the Old
Pension Scheme and not by New Pension Scheme. The
learned Single Judge also opined that the Government could
not have issued directions to the University to revise its
draft statute and insist upon a pro rata pension being paid to
the employees till the date of absorption, depriving them of
the pension for the period during which they were absorbed
as the employees of the University on the ground that New
Pension Scheme was applicable to them and they had not
contributed to the same. The learned Single Judge also
directed the Government to settle the pensionary benefits of
the employees by treating them as existing Government
employees and by applying the Old Pension Scheme.
-
15. We are of the opinion that the finding of the
learned Single Judge that the employees who had been
absorbed pursuant to the Government Order dated
21.01.2010 cannot be equated to fresh appointees as on the
date of their absorption does not require any interference.
We see no grounds made out to interfere with the findings of
the learned Single Judge.
16. Having considered the contentions advanced,
since the learned Single Judge has awarded interest at the
rate of 6% per annum exercising his discretion, we find no
material to interfere with the said exercise of discretion.
Accordingly, Writ Appeal No.1549/2023 also fails and the
same stands dismissed.
17. In the result,
(i) Writ Appeal No.984/2024 and Writ Appeal
No.1549/2023, are dismissed.
(ii) Contempt of Court Case No.218/2024 is
closed granting three months further time
to comply with the directions issued in the
judgment. In case, the amounts with
interest are not paid within three months, it
-
will be open to the complainants to seek
reopening of the contempt on that ground.
Pending interlocutory applications shall also stand
disposed of in all the cases.
Sd/-
(ANU SIVARAMAN)
JUDGE
Sd/-
(VIJAYKUMAR A. PATIL)
JUDGE
cp*
