[Cites 2, Cited by 0]
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
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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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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
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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
