YOGESH F AGADI vs STATE OF KARNATAKA

Court
Karnataka High Court

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WP No. 6264 of 2022


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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

TH
DATED THIS THE 14 DAY OF OCTOBER, 2026

PRESENT

THE HON'BLE MR. JUSTICE S.G.PANDIT


AND

THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA

WRIT PETITION NO. 6264 OF 2022 (S-KSAT)

BETWEEN:

YOGESH F AGADI S/O FAKIRESH
AGED ABOUT 41 YEARS
WORKING AS AGRICULTURAL OFFICER
O/O JOINT DIRECTOR AGRICULTURE
SHIVAJI NAGAR
BELAGAVI - 590006
R/AT PLOT NO.524
SAHYADRI NAGAR, BAUXITE ROAD,
BELGAUM - 599009.
…PETITIONER

(BY MISS. NIRAJANA R ADV. FOR
SRI. NITIN RAMESH, ADV.)


AND:

1. STATE OF KARNATAKA
REP. BY ITS PRINCIPAL SECRETARY
DEPT. OF AGRICULTURE
M S BUILDING
BANGALORE – 560001.

2. THE COMMISSIONER
DEPT. OF AGRICULTURE
SHESHADRI ROAD
BANGALORE -560001.

3. THE COMMISSIONER
DIRECTORATE OF









Digitally signed by
NANJUNDACHARI
Location: High
Court of
Karnataka

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EMPLOYMENT AND TRAINING
KAUSHALYA BHAVAN
DAIRY CIRCLE
BANNERGHATTA ROAD,
BANGALORE -560029.

4. THE REGISTRAR /
ADMINISTRATIVE OFFICER
UNIVERSITY OF AGRICULTURAL SCIENCES
KRISHINAGAR
DHARWAD – 580005,
…RESPONDENTS

(BY SRI. S C DESHMUKH, AGA FOR RESPONDENTS
SRI K.G. NAYAK, ADV. FOR R4)


THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF
CONSTITUTION OF INDIA, PRAYING TO A) CALL FOR RECORDS IN
APPLICATION NO.1048/2015 AT ANNEXURE-B ON THE FILE OF THE
KARNATAKA STATE ADMINISTRATIVE TRIBUNAL AT BANGALORE
AND B) SET ASIDE THE IMPUGNED ORDER DATED 09/01/2018
PASSED BY THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL AT
BANGALORE IN APPLICATION NO.1048/2015 AT ANNEXURE-A AND
CONSEQUENTLY ALLOW THE PRAYER MADE IN THE APPLICATION
NO.1048/2015 AT ANNEXURE-B ON THE FILE OF HON BLE
KARNATAKA STATE ADMINISTRATIVE TRIBUNAL AT BANGALORE
AND ETC.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE S.G.PANDIT
AND
HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA



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ORAL ORDER

(PER: HON'BLE MR. JUSTICE S.G.PANDIT)

The petitioner, unsuccessful applicant before the
Karnataka State Administrative Tribunal at Bengaluru (for
short “Tribunal”) is before this Court in this writ petition,
aggrieved by the order dated 09.01.2018 in Application
No.1048/2015, whereunder, petitioner’s prayer to quash
the endorsement dated 03.09.2014 and to count the past
service for determination of his pensionary benefits under
the Old Pension Scheme is rejected.

2. Heard learned counsel Miss.Nirajana R for Sri.Nitin
Ramesh, learned counsel for the petitioner and learned
Additional Government Advocate Sri.S.C.Deshmukh for
respondents No.1 to 3 and Sri.K.G.Nayak, learned counsel
for respondent No.4. Perused the entire writ petition
papers.

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3. Learned counsel for the petitioner would submit that
the petitioner joined service as Second Division Assistant
at the High Court of Karnataka on 07.04.2001.
Subsequently, on his appointment as Assistant
Employment Officer, under order dated 09.11.2011, he
joined services of the State Government as Assistant
Employment Officer. It is submitted that the petitioner’s
resignation as Second Division Assistant in the High Court
of Karnataka was accepted under Rule 252 (b) of KCSRs
for joining duty in his new appointment. Therefore, the
petitioner is said to have applied for the post of Farm
Manager in the University of Agricultural Sciences and by
order dated 11.12.2008, he was appointed as such.
Thereafter, on his application, the petitioner was
appointed as Agricultural Officer in the Department of
Agricultural Sciences on 01.09.2012. The petitioner
thereafter submitted a representation to count his service
from 2001 to 2012 for the purpose of pensionary benefits
under the Old Pension Scheme and the said request of the

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petitioner was rejected under communication dated
03.09.2014 (Annexure-A8) on the ground that service
rendered by the petitioner at University cannot be
considered as Government Service and also that the
petitioner would not be entitled for pension under the Old
Scheme, since he is an appointee subsequent to 2006 as
Agricultural Officer on 01.09.2012. Learned counsel for
the petitioner would submit that the petitioner’s
resignation as Assistant Employment Officer or Second
Division Assistant at High Court or Farm Manager at
University of Agricultural Sciences is under Rules 252(b) of
KCSRs to take up another new appointment. Further it is
submitted that the petitioner had applied for appointment
as Assistant Employment Officer or Farm Manager or as
Agricultural Officer through the Department on obtaining
permission. Further, he would submit that, when
resignation is accepted under rule 252(b) of KCSRs, the
service rendered prior to his joining new appointment shall
be considered as continuation of employment. As the

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petitioner’s service from 2001 to 2012 is continuation of
service, the petitioner would be entitled for counting the
said service for pension under the Old Pension Scheme.
Further, learned counsel for the petitioner places reliance
on the O.M. dated 12.07.2007 to contend that the Old
Pension Scheme would be applicable to persons who were
already in regular government service prior to 01.06.2006.
Learned counsel for the petitioner would submit that, prior
to 01.04.2006, the petitioner was working as Assistant
Employment Officer in the State Government and as such,
the petitioner would be entitled for pension under Old
Pension Scheme by counting entire service from 2001 to
2012. Thus, learned counsel for the petitioner would pray
for allowing the writ petition.

4. Per contra, learned AGA for the respondents No.1
to 3 and learned counsel Sri.K.G.Nayak for respondent
No.4 would submit that the appointment of petitioner in
the University of Agricultural Sciences, Dharwad in terms

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of order of appointment dated 11.12.2008 (Annexure-A2)
makes it clear that the petitioner is covered under New
Defined Contributory Pension Scheme and as such, he has
no right to seek for counting his past service to grant
pension under Old Pension Scheme. Thus, they pray for
dismissal of the writ petition.

5. Having heard the learned counsel for the parties and
on perusal of the entire writ petition materials, we are not
inclined to interfere with the order passed by the Tribunal.

6. The facts are not in dispute. The petitioner initially
joined service as Second Division Assistant at High Court
of Karnataka on 07.04.2001. Subsequently, on his
application, he was appointed as Assistant Employment
Officer on 09.11.2001 in the department of Employment
and Training, by accepting his resignation under Rule
252(b) of KCSRs. Further, on his application to the
University of Agricultural Sciences, he was appointed as
Farm Manager on 11.12.2008. Subsequently, on his

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application, the petitioner was appointed as Agricultural
Officer in the Agricultural Department on 01.09.2012. The
petitioner’s request to count past service and to sanction
pension under Old Pension Scheme was rejected under
impugned communication dated 03.09.2014.

7. No doubt, the petitioner’s resignation was accepted
under Rule 252(b) of KCSRs to join new appointment. The
acceptance of resignation under Rule 252(b) of KCSRs
itself would not confer any right or it cannot be treated as
continuation of service. Rule 252(b) of KCSRs only
ensures that with the permission of previous employer, the
petitioner has taken up new appointment. Moreover, the
State has introduced New Contributory Pension Scheme
from 01.04.2006. Subsequent to 2006, on 11.12.2008,
the petitioner was appointed as Farm Manager in the
University of Agricultural Sciences, with a condition that
the petitioner was governed by New Defined Contributory
Pension Scheme in terms of Government Order dated

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31.03.2006. When the petitioner is aware of the condition
of his appointment, he cannot turn around and seek for
pension under the Old Pension Scheme. Moreover, the
petitioner’s appointment as Farm Manager or Agricultural
Officer is fresh or new appointment which cannot be
considered as continuation of his earlier appointment. The
petitioner has severed his Master and Servant relationship
with the State when he resigned from the post of Assistant
Employment Officer and when he joined duty as Farm
Manager at University of Agricultural Sciences accepting
the condition that he would be governed by new Pension
Scheme. The petitioner has placed reliance on the O.M.
dated 12.07.2002, document No.3 produced along with
memo dated 29.09.2026 to contend that the petitioner
was in service prior to 01.06.2006, hence, the petitioner is
to be considered as Government servant and for sanction
of pension under Old Pension Scheme. Though the
petitioner was in Government service prior to 01.04.2006,
he resigned subsequently, on his appointment as Farm

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Manager in University of Agricultural Sciences. On his
resignation he ceased to be a Government servant and he
became an employee of University established under the
Agricultural University Act. Thus, the said O.M. dated
12.07.2007 would have no application to the case of the
petitioner. The Tribunal has rightly declined to interfere
with the endorsement issued by the State Government.

8. Learned counsel for the petitioner places reliance on
the order dated 06.03.2024 in W.P.No.10327/2021
(DR.S.N VASUDEVAN v/s STATE OF KARNATAKA AND
OTHERS) . The facts of the said case and facts of the
present case are entirely different, whereunder the learned
Single Judge of this Court was considering the services to
be counted rendered by the petitioner therein at
Karnataka Seed Certification Agency. Moreover, the
petitioner was appointed in the university of Agricultural
Sciences, with a condition that he would be entitled only
for new Pension Scheme.

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9. There is no merit in any of the contentions raised by
the learned counsel for the petitioner and accordingly, the
writ petition stands rejected .



Sd/-
(S.G.PANDIT)
JUDGE


Sd/-
(DR.CHILLAKUR SUMALATHA)
JUDGE






MPK
CT:bms
List No.: 1 Sl No.: 15