Karnataka High Court
Arunkumar D Kularni vs The State Of Karnataka And Ors on 7 January, 2025
-1-
NC: 2025:KHC-K:40
WP No. 200516 of 2023
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 7TH DAY OF JANUARY, 2025
BEFORE
THE HON'BLE MR JUSTICE R.NATARAJ
WRIT PETITION NO.200516 OF 2023 (S-R)
BETWEEN:
ARUNKUMAR D KULKARNI
S/O DAMODHARA RAO KULKARNI,
AGED ABOUT 62 YEARS,
OCC: RETIRED ENGLISH LECTURER,
NUTAN VIDYALAYA PRE-UNIVERSITY COLLEGE,
KALABURAGI-585 105
R/O "SAPTAKOTI" PLOT NO.89,
OZA LAYOUT, RAM MANDIR CIRCLE,
KALABURAGI-585102.
...PETITIONER
(BY SRI MAHESH PATIL, ADVOCATE)
Digitally signed
by RENUKA AND:
Location: High
Court Of
Karnataka 1. THE STATE OF KARNATAKA,
REP. BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF EDUCATION
(PRE-UNIVERSITY), M.S. BUILDING,
BANGALORE-560 001.
2. THE DIRECTOR,
PRE UNIVERSITY EDUCATION,
18TH CROSS, SAMPIGE ROAD,
MALLESHWARAM,
BANGALORE-560 012.
-2-
NC: 2025:KHC-K:40
WP No. 200516 of 2023
3. THE DEPUTY DIRECTOR,
PRE-UNIVERSITY EDUCATION,
KALABURAGI DISTRICT,
KALABURAGI-585 101.
4. THE PRINCIPAL ACCOUNTANT GENERAL (A & E),
KARNATAKA, PARK HOUSE ROAD,
BANGALORE-560 001.
...RESPONDENTS
(BY SMT. ANITA M. REDDY, HCGP FOR R1 AND R3;
R2 AND R4 SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS
TO CONSIDER HIS REPRESENTATION DATED 21.11.2022 AT
ANNEXURE- J AND TO RECKON AND COUNT THE SERVICES
FROM HIS INITIAL DATE OF APPOINTMENT UP TO DATE OF
APPROVAL OF APPOINTMENT I.E., FROM 06.08.1990 TO
15.06.1993 AND TO GRANT ALL CONSEQUENTIAL BENEFITS
RETROSPECTIVELY AND ALSO TO REVISE HIS PENSION AND
PENSIONERY BENEFITS IN THE INTEREST OF JUSTICE AND
EQUITY.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
-3-
NC: 2025:KHC-K:40
WP No. 200516 of 2023
CORAM: HON'BLE MR JUSTICE R.NATARAJ
ORAL ORDER
The petitioner has sought for a writ in the nature of
mandamus to consider his representation dated
21.11.2022 and count his past service from 06.08.1990 to
15.06.1993 for the purpose of pensionary benefits.
2. The petitioner contends that he was appointed
as an English lecturer on 06.08.1990. His appointment
was approved on 28.08.1991. Later, his appointment was
admitted to salary grant on 15.06.1993. Respondent No.3
granted the benefit of the pay scale as prevalent in
respondent No.2. The petitioner contends that in the order
granting the pay scale dated 06.07.1993, it was
mentioned that the petitioner is entitled to count his past
service for the purpose of leave and pensionary benefits.
The petitioner contends that he retired from service on
31.10.2020. His pensionary benefits were settled by
treating his service from 15.06.1993. The petitioner and
others approached this Court in Writ Petition Nos.200927-
NC: 2025:KHC-K:40
201013/2014 for a direction to the respondents to count
the past service rendered by them for the purpose of
fixation of pay scale, seniority, increments, pension etc.
The said writ petitions were disposed off in terms of the
order dated 23.01.2014 on the same lines as in Writ
Petition No.19431/2005 and connected writ petitions which
was affirmed by the Division Bench of this Court in Writ
Appeal No.848/2008 and connect writ appeals and by the
Hon'ble Supreme Court in SLP (Civil) Nos.22176-
22186/2010. The petitioner contends that respondent
Nos.1 and 2 have now promulgated the Karnataka Private
Aided Educational Institutions Employees (Regulation of
Pay, Pension and other Benefits), Act, 2014, in terms of
which, the past service is not counted for the purpose of
determining the pensionary benefits. The petitioner
therefore submitted representation dated 21.11.2022
requesting the respondents to consider the past service
i.e., from 06.08.1990 for the purpose of determining the
pensionary benefits payable and accordingly revise the
pension fixed. The petitioner submits that the order
NC: 2025:KHC-K:40
passed in Writ Petition Nos.200927-201013/2014 is
challenged in Writ Appeal No.2476/2015 and the same is
pending consideration. He submits that a Co-ordinate
Bench of this Court in Writ Petition No.23263/2021 had
permitted the petitioner to make appropriate
representation to respondent Nos.1 and 2 to count the
unaided period for service benefits as well as for
pensionary benefits after disposal of Writ Appeal
No.2476/2015 and connected appeals. He therefore
contends that the petitioner also be extended the same
benefit and the petitioner be permitted to file an
appropriate representation after disposal of Writ Appeal
No.2476/2015.
3. Learned High Court Government Pleader on the
other hand contended that the petitioner's appointment
was admitted to salary grant with effect from 15.06.1993
and therefore the petitioner cannot compel the
respondents to count past service when his appointment
was not admitted to salary grant. He submits that the
NC: 2025:KHC-K:40
liability to pay pension is only from the date the
appointment of the petitioner was admitted to salary
grant. Thus, she contends that the petitioner is not
entitled for any relief in this writ petition.
4. Since a Co-ordinate Bench of this Court
following the judgment in Writ Petition No.19431/2005 has
disposed off Writ Petition Nos.200927-201013/2014 filed
by the petitioner and others, which is presently challenged
by the State Government in Writ Appeal No.2476/2015,
the only relief that can be extended to the petitioner is to
permit the petitioner to file appropriate representation
requesting respondent Nos.1 and 2 to consider counting
the unaided period for service benefits as well as
pensionary benefits after disposal of the Writ Appeal
No.2476/2015 and connected appeals. Consequently, the
following order is passed:
ORDER
i) The Writ Petition is allowed in part.
NC: 2025:KHC-K:40
ii) The petitioner is permitted to submit a
requesting them to count the unaided period of
service for determination of the terminal
benefits as well as the pensionary benefits. This
shall be only after disposal of Writ Appeal
No.2476/2015 and connected appeals.
iii) If a representation is made, respondent Nos.1
and 2 shall consider the same in accordance
with law and in the light of the judgment that
may be passed in Writ Appeal No.2476/2015.
Sd/-
(R.NATARAJ)
JUDGE
RSP
Ct:si
