Karnataka High Court
Dr R Sharanamma vs The State Of Karnataka on 10 June, 2025
Author: H.T. Narendra Prasad
Bench: H.T. Narendra Prasad
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WP No. 22444 of 2023
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF JUNE, 2025
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
WRIT PETITION NO. 22444 OF 2023 (S-RES)
BETWEEN:
1. DR R SHARANAMMA
D/O SHRI. D. RUDRAIAH
AGED ABOUT 56 YEARS
WROKING AS ASSISTANT PROFESSOR
DEPARTMENT OF STUDIES IN EDUCATION
KARNATAKA STATE OPEN UNIVERSITY
MYSURU, MYSURU DISTRICT
R/AT NO. 127, SIDDALINGESHWARA
LAYOUT, BOGADI 2ND STAGE
MYSURU - 570026.
2. DR. NAGENDRA KUMAR R
S/O RAJEURS M.R.
Digitally signed by AGED ABOUT 59 YEARS
HEMALATHA A
WORKING AS ASSISTANT PROFESSOR
Location: HIGH
COURTOF DEPARTMENT OF EDUCATION
KARNATAKA KARNATAKA STATE OPEN UNIVERSITY
MYSURU, MYSURU DISTRICT
R/AT NO. 103, 3RD CROSS
SHARADADEVINAGAR,
MYSURU - 570 022.
3. DR. KRISHNAPPA N
S/O NARAYANAPPA N
AGED ABOUT 55 YEARS
WORKING AS ASSISTANT PROFESSOR
DEPARTMENT OF EDUCATION
KARNATAKA STATE OPEN UNIVERSITY
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MYSURU R/AT NO. 2004/1,
BANK COLONY ROAD
BOGADI, MYSURU - 570026.
4. DR. JANAKI M
D/O MARIYAPPA
AGED ABOUT 57 YEARS
WORKING AS ASSISTANT PROFESSOR
DEPARTMENT OF EDUCATION
KARNATAKA STATE OPEN UNIVERSITY
MYSURU, R/AT NO. 17, 8TH MAIN
VIJAYANAGAR 3RD STAGE, D BLOCK
MYSURU, MYSURU DISTRICT.
5. DR. SHYLAJA P
D/O PRAMESHWAR G SHANBAGHAG
AGED 60 YEARS
ASSISTANT PROFESSOR
DEPARTMENT OF STUDIES IN EDUCATION
KARNATAKA OPEN UNIVERSITY
MUKTAGANGOTRI
MYSURU - 570009
R/AT NO. 905, SHRI NIKETAN
OPP TO MAHAVEER JAIN HOSPITAL
9TH MAIN, 4TH STAGE, T K LAYOUT
MYSURU - 570 009.
...PETITIONERS
(BY SRI. VIJAYA KUMAR., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS ADDITIONAL
CHIEF SECRETARY
HIGHER EDUCATION DEPARTMENT
M.S. BUILDING, 6TH FLOOR
BENGALURU - 560 001.
2. THE KARNATAKA STATE OPEN UNIVERSITY
REPRESENTED BY ITS REGISTRAR
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MUKTAGANGOTRI,
MYSURU - 570009.
...RESPONDENTS
(BY SRI.BHOJEGOUDA T KOLLER, AGA FOR R1:
SRI. T P RAJENDRA KUMAR SUNGAY., ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE
RESPONDENTS TO CONSIDER THE CLAIM OF THE
PETITIONERS, FOR INCLUSION OF THEIR SERVICE UNDER THE
OLD PENSION SCHEME AND CONSIDER THE JOINT
REPRESENTATION SUBMITTED BY THEM ON 08.10.2020 VIDE
ANNEXURE-Q, WITHIN A TIME LIMIT TO BE STIPULATED BY
THIS HONBLE COURT IN SO FAR AS THE PETITIONER
CONCERNED AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
ORAL ORDER
1. In this writ petition, the petitioners have sought for
following relief/s:
"(i) To issue a writ of mandamus or any other
appropriate writ or order directing the Respondents
to consider the claim of the Petitioners, for inclusion
of their service under the Old Pension Scheme and
consider the joint representation submitted by them
on 08.10.2020 (vide Annexure-Q), within a time
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limit to be stipulated by this Hon'ble Court; and in so
for as petitioners are concerned.
(ii) To pass such other order as this Hon'ble Court
deems fit in the facts and circumstances of the case."
2. The petitioners were initially appointed as temporary
teachers in the Mysuru University by issuing notification
through paper publication, by a selection process
conducted between 20.10.1995 to 06.12.2000. Their
services were subsequently regularized by the respondent
No.2 by order dated 10.05.2013. Thereafter, the
petitioners submitted a representation dated 08.10.2020
vide Annexure-Q requesting the respondents to consider
their claim for inclusion under the Old Pension Scheme as
they had been appointed before 01.04.2006.
3. Learned counsel for the petitioners relied upon the
judgment of this Court in W.P.No.32866/2017 connected
with W.P.No.9774/2016, 13498/2021, disposed of on
28.08.2023, whereby the petitioners, who were appointed
before 2006 and whose services were regularized after
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01.04.2006, were considered under the old pension
scheme. He also relied upon the judgment of this Court in
W.P.No.24385/2013 and connected matters disposed of on
28.11.2019. Hence, he sought for allowing the writ
petition.
4. Learned counsel for respondent No.2 submits that if
this Court grants some reasonable time, the
representation submitted by the petitioners vide
Annexure-Q dated 08.10.2020 will be considered, in
accordance with law.
5. In view of the above, without expressing any opinion
on the merits of the case, the writ petition is disposed of.
6. Respondent No.2 is directed to consider the
representation of the petitioners dated 08.10.2020 vide
Annexure-Q, in accordance with law, keeping in view of
the judgment of this Court in W.P.No.32866/2017
connected with W.P.No.9774/2016, 13498/2021, as
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expeditiously as possible, not later than two months from
the date of receipt of certified copy of this order.
Sd/-
(H.T. NARENDRA PRASAD)
JUDGE
HA
