STATE OF KARNATAKA vs SRI. S MARISWAMY
- Court
- Karnataka High Court
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WA No. 1986 of 2026
C/W WA No. 1127 of 2026
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 29 DAY OF OCTOBER, 2026
PRESENT
THE HON'BLE MR. JUSTICE JAYANT BANERJI
AND
THE HON'BLE MRS. JUSTICE N.V.BHAVANI
WRIT APPEAL NO.1986 OF 2026 (S-RES)
C/W
WRIT APPEAL NO. 1127 OF 2026 (S-RES)
WA No.1986/2026:
BETWEEN:
STATE OF KARNATAKA,
REP. BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF VETERINARY
AND ANIMAL HUSBANDRY,
VIKASA SOUDHA, BENGALURU-560 001.
…APPELLANT
(BY SRI.MITHUN.G.A., ADDITIONAL ADVOCATE GENERAL A/W
SMT.SARITHA KULKARNI, AGA)
AND:
1. SRI S MARISWAMY
S/O LATE SIDDAIAH,
AGED ABOUT 62 YEARS,
R/AT: ANNAPOORNA HOMES,
TH
5 CROSS, HEMMIGEPURA WARD,
C.V.RAMAN ROAD, KODIMALLYA,
KENGERI, BANGALORE-560 060.
2. SRI RAMESH D. BELACHADA
S/O DORMA BELACHADE,
AGED ABOUT 62 YEARS,
R/AT NO.4-104 (1),
MOODALAKATTE TONSE EAST,
UDUPI-576 114.
3. SRI RAMESH POOJARY
S/O LATE MANSA POOJARY,
AGED ABOUT 64 YEARS,
Digitally
signed by K G
RENUKAMBA
Location:
High Court of
Karnataka
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WA No. 1986 of 2026
C/W WA No. 1127 of 2026
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R/AT NO.3-50, AIKALA POST,
MANGALURU TALUK,
MANGALURU-574 141
4. KARNATAKA VETERINARY
ANIMAL AND FISHERIES
SCIENCES UNIVERSITY,
REP. BY ITS REGISTRAR,
NANDINAGAR, BIDAR-585 226.
5. THE ADMINISTRATIVE OFFICE,
KARNATAKA VETERINARY
ANIMAL AND FISHERIES
SCIENCES UNIVERSITY,
NANDINAGAR, BIDAR-585 226.
6. THE DEAN,
KARNATAKA VETERINARY
ANIMAL AND FISHERIES
SCIENCES UNIVERSITY,
VETERINARY COLLEGE,
HEBBAL, BENGALURU-560 021.
7. THE DEAN,
KARNATAKA VETERINARY
ANIMAL AND FISHERIES
SCIENCES UNIVERSITY,
COLLEGE OF FISHERIES,
MANGALORE-575 022.
…RESPONDENTS
(BY SRI ANIRUDH RAMESH.P., ADVOCATE FOR R1 TO R3;
SMT.VAISHALI HEGDE, ADVOCATE FOR R4)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT, 1961 PRAYING TO SET ASIDE THE
FINAL ORDER DATED 18.12.2024 PASSED BY THE LEARNED SINGLE
JUDGE IN W.P.NO.28601/2024 (S-RES) AND CONSEQUENTLY,
DISMISS THE SAID WRIT PETITION FILED BY RESPONDENT NOS.1
TO 3/PETITIONERS THEREIN.
WA No.1127/2026:
BETWEEN:
1. KARNATAKA VETERINARY
ANIMAL AND FISHERIES
SCIENCES UNIVERSITY,
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REP. BY ITS REGISTRAR,
NANDINAGAR, BIDAR-585 226.
2. THE ADMINISTRATIVE OFFICER,
KARNATAKA VETERINARY
ANIMAL AND FISHERIES
SCIENCES UNIVERSITY,
NANDINAGAR, BIDAR-585 226.
3. THE DEAN,
KARNATAKA VETERINARY
ANIMAL AND FISHERIES
SCIENCES UNIVERSITY,
VETERINARY COLLEGE,
HEBBAL, BENGALURU-560 021.
4. THE DEAN,
KARNATAKA VETERINARY
ANIMAL AND FISHERIES
SCIENCES UNIVERSITY,
COLLEGE OF FISHERIES,
MANGALORE-575 022.
...APPELLANTS
(BY SMT.VAISHALI HEGDE, ADVOCATE)
AND:
1. STATE OF KARNATAKA,
REP. BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF VETERINARY
AND ANIMAL HUSBANDRY,
VIKASA SOUDHA, BENGALURU-560 001.
2. SRI S MARISWAMY
S/O LATE SIDDAIAH,
AGED ABOUT 62 YEARS,
R/AT ANNAPOORNA HOMES,
TH
5 CROSS, HEMMIGEPURA WARD,
C.V.RAMAN ROAD, KODIMALLYA,
KENGERI, BANGALORE-560 060.
3. SRI RAMEDH D. BELACHADA
S/O DORMA BELACHADE,
AGED ABOUT 62 YEARS,
R/AT NO.4-104 (1),
MOODALAKATTE TONSE EAST,
UDUPI-576 114.
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4. SRI RAMESH POOJARY
S/O LATE MANSA POOJARY,
AGED ABOUT 64 YEARS,
R/AT NO.3-50, AIKALA POST,
MANGALURU TALUK,
MANGALURU-574 141.
...RESPONDENTS
(BY SRI.MITHUN.G.A., ADDITIONAL ADVOCATE GENERAL A/W
SMT.SARITHA KULKARNI, AGA FOR R1;
SRI.ANIRUDH RAMESH.P, ADVOCATE FOR R2 TO R4)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT, 1961 PRAYING TO ALLOW THIS
WRIT APPEAL AND SET ASIDE THE FINAL ORDER DATED 18.12.2024
PASSED BY THE LEARNED SINGLE JUDGE IN W.P.NO.28601/2024
(S-RES) AND CONSEQUENTLY, ALLOW THE WRIT PETITION FILED
BY THE APPELLANT.
THESE WRIT APPEALS, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE JAYANT BANERJI
and
HON'BLE MRS. JUSTICE N.V.BHAVANI
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE JAYANT BANERJI)
Heard Sri Mithun G.A, learned Additional Advocate
General for the State, Ms.Vaishali Hegde, learned Counsel for
the University and Sri Anirudh Ramesh, learned Counsel who
states that he has instructions to appear on behalf of the
private respondents in the appeals.
2. The aforesaid two appeals are filed against the
same judgment and order dated 18.12.2024 passed by the
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learned Single Judge in W.P.No.28601/2024. The appeal
W.A.No.1127/2026 is filed by the Karnataka Veterinary Animal
and Fisheries Science University and others, whereas the latter
appeal bearing W.A.No.1986/2026 is filed by the State
Government.
3. Learned Additional Advocate General who appears
for the State states that he supports the case of the University
in the writ appeal filed by the University.
4. The appeals aforesaid have been filed respectively
with delay of 579 days and 422 days. The aforesaid appeals are
accompanied by applications seeking condonation of delay.
5. Submissions of learned Additional Advocate General
appearing for the State and learned Counsel appearing for the
University are that the grounds raised in the aforesaid writ
appeals are identical.
6. It is stated on behalf of the State Government that
the order dated 01.07.2017 passed by the University whereby
the respondents were held entitled for all consequential
benefits with effect from the date such respondents completed
their ten years of service, was without obtaining prior
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concurrence or approval of the Finance Department of the
Government of Karnataka as mandated under the applicable
Rules. The State Government had consistently maintained
through its communication dated 19.12.2023 that the private
respondents are not entitled for the old pension scheme but are
eligible only for the New Defined Contributory Pension Scheme
(NDCPS) applicable to State Government employees
recruited/regularized on or after 01.04.2006. In terms of a
Government order dated 31.03.2006 the NDCPS was made
applicable to all new entrants with effect from 01.04.2006. It is
submitted that regularization of daily wage employees with
retrospective effect, resulting in old pension scheme
entitlements is a financial matter of utmost significance and
requires mandatory prior concurrence of the Finance
Department. Prior concurrence of the Financial Department was
not obtained by the University.
7. It is further stated that in the meeting of the
University's Board of Governors held on 31.03.2017, pursuant
to which the regularization was ordered, was conducted in the
absence of the ex-officio members of the Board, which included
Government nominees and in their absence, the resolution was
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passed and therefore the University erred in regularizing the
services of the private respondents with retrospective effect
from 1997 being the date of their completion of ten years of
service.
8. Mrs. Vaishali Hegde, learned Counsel on the other
hand has stated that the issue whether the private respondents
are entitled to pension under the old pension scheme is to be
clarified by State, as the University is only an administrative
autonomous body and is not a self-financed university and is
reliant on the State Government for its funds. It is submitted
that the stand of the State is that extension of the old pension
scheme to the daily rated and similarly situated employees
would be a huge burden on the State Exchequer. It is stated
that the University is not a self-financed university and
therefore the question of the University bearing the financial
burden is next to impossible.
9. We have considered the submissions advanced by
learned Counsel for the parties and we have perused the
impugned order of the learned Single Judge.
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10. The learned Single Judge has observed that the
petitioners were entitled for the benefits from the date on
which they were regularized. The effective date of
regularization was mentioned in Annexure-A to the writ petition
which was noted by the Court. It was noted that the writ
petitioners were regularized in the year 1997 and 1998. The
NDCPS was admittedly made applicable to all new recruits of
the State Government service, joining after 01.04.2006. This
was clearly reflected in the Government Order dated
31.03.2006 that was enclosed as Annexure-K to the writ
petition. The Court therefore held that in light of the
Government Order it could not be said that the petitioners were
new recruits who had joined services after 01.04.2006. If the
date of regularization had conferred service benefits with effect
from 1997 and 1998, such conferment of benefit with
retrospective effect could not be defeated by any stand of the
Government contrary to the order of regularisation.
11. It was observed that the order of regularization is
also not to be treated as conferring retrospective benefits but
an order recognizing the legal entitlement with effect from
completion of ten years from the date of joining. The Court held
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that if that was the nature of order passed by regularizing
temporary daily wage workers, the petitioners were entitled for
service benefits from the year 1997 and 1998.
12. The Court also considered the aspect of parity.
Instances were cited in the writ petition of employee who was
regularized with effect from 01.01.1997 with the order of
regularization being passed on 12.09.2013 who has been
conferred benefit under the old pension scheme. This was done
by the State Government. It is not denied by the learned
Additional Advocate General that the employee who was
regularized with effect from 01.09.2000 had also been
conferred benefit of old pension scheme. There are other
employees who were regularized with effect from 29.11.1997,
20.07.2002 and 01.06.1996 had been granted the benefit
under the old pension scheme by the State Government. This
fact was also noted by the learned Single Judge with reference
to the pay-slip of the employee for such a regularization and
there were also another instance. Regularization was also
considered by the learned Single Judge on the aspect of parity.
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13. The learned Single Judge therefore held that the
contention of the State that the University had extended old
pension scheme benefits only for those who had joined service
before 01.07.1984 could not be accepted. The stand of the
State seeking to call in question the validity of the order on
regularization, was held to be impermissible with estoppel
operating against the State, once approval had been granted
by the Financial Comptroller on 29.06.2013. Accordingly, the
writ petition was disposed of and the communication of the
State Government as well as the consequential endorsement
were set aside and it was held that the proposal of the
University at Annexure-H to the writ petition was required to be
considered by the Government and necessary orders in that
regard were to be passed within a period of three months. It
was clarified by the Court that no fresh contention was
permitted to be adverted to defeat the claims of the petitioners
therein as the objections by the State Government as contained
in the statement of objections had been dealt with.
14. Submissions advanced by the learned Additional
Advocate General that the University could not have passed the
order dated 01.07.2017 without prior approval of the Finance
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Department, is misplaced. The judgment of the learned Single
Judge has clarified the issue at length with regard to
regularization of the services of the employees who had
completed more than ten years of service. It is noted and as
has been pointed out by the learned Counsel appearing for the
University that the order dated 01.07.2017 was promptly
communicated by the University to the State Government. But
no response was received from the State Government. It is
nowhere mentioned in the appeal filed by the State
Government that any response was sent in respect of the order
dated 01.07.2017 issued by the University, by the State
Government.
15. In any view of the matter, the categorical finding
returned by the learned Single Judge is well founded and no
such ground has been raised or submission advanced that
would have the effect of taking away the tenor and
consequence of the judgment aforesaid. It also needs mention
that in the affidavits filed in support of the applications seeking
condonation of delay, there is no ground worth the name raised
by the State Government or by the University that would merit
condonation of delay.
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16. It is noted that the learned Single Judge has
clarified that as regards back wages and other benefits that
would flow from the order dated 01.07.2017 which had not
been extended to the petitioners, the petitioners were left at
liberty to make a fresh representation which was directed to be
considered accordingly.
17. For the reasons aforesaid, we find no merit in the
aforesaid applications and the writ appeals which are
accordingly dismissed. All pending I.A.s stand disposed of.
Sd/-
(JAYANT BANERJI)
JUDGE
Sd/-
(N.V.BHAVANI)
JUDGE
KSR
List No.: 2 Sl No.: 6