PROF JAYAKUMAR G REDDY (RETD) vs BANGALORE UNIVERSITY

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 17 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV
WRIT PETITION NO. 34627 OF 2024 (S-RES)
BETWEEN:
PROF JAYAKUMAR G REDDY (RETD)
S/O.LATE.S.GANGADHARAM
AGED ABOUT 64 YEARS,
TH
R/AT NO.256, 7 CROSS,
TH
10 MAIN ROAD, PRAKASHNAGAR,
BANGALORE-560 021.
…PETITIONER
(BY SRI. RAJENDRA KUMAR SUNGAY T P.,ADVOCATE)
AND:
1.
BANGALORE UNIVERSITY
JANANABHARATHI,
BENGALURU - 560 056.
REP. BY ITS REGISTRAR
Digitally
signed by
VIDYA G R
Location:
HIGH
COURT OF
KARNATAKA
2. STATE OF KARNATAKA
DEPARTMENT OF HIGHER EDUCATION
(UNIVERSITIES)
M.S. BUILDING,
B.R.AMBEDKAR VEEDHI,
BANGALORE - 560 001.
REP. BY ITS PRINCIPAL SECRETARY
…RESPONDENTS
(BY SRI. G S VENKATSUBBA RAO ,ADVOCATE FOR R1;
SMT. ASHWINI PATIL, AGA FOR R2)

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THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECT THE
RESPONDENTS TO EXTEND THE RETIREMENT / PENSIONARY
BENEFITS AND ALSO FIX HIS MONTHLY PENSION UNDER OLD
PENSION SCHEME AND ALSO TO CONTINUE TO PAY THE SAME
AS AND WHEN IT FALLS DUE AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV
ORAL ORDER
The present petition has been filed by the retired
Professor of respondent No.1-Bangalore University. The
petitioner has sought for issuance of writ in the nature of
mandamus directing respondent No.1 to extend the
retirement/pensionary benefits on the basis of the Old
Pension Scheme and to continue to pay the same as and
when it falls due.
2. The petitioner has further sought for a direction
to the respondents to pay the interest on the retirement/
pensionary benefits as was withheld at the rate of 12%

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per annum from the date of retirement till the date of
realization. The petitioner has also sought for a direction
to the respondent to release the Earned Leave
Encashment and sought for certain other reliefs.
3. The case of the petitioner is that the petitioner
has rendered service with the Kannada University at
Hampi, The Maharaja Sayajirao University of Baroda and
finally, the Bangalore University in which he attained
superannuation and it is the case of the petitioner that his
pensionary benefits under the Old Pension Scheme have
not been settled.
4. It is the case of the petitioner that his pension
under the Old Pension Scheme would require the previous
services of the petitioner in the Kannada University at
Hampi as well as The Maharaja Sayajirao University of
Baroda as well as the service rendered in the Bangalore
University to be taken note of.

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5. It is further noticed that the petitioner’s pension
has neither been settled under the Old Pension Scheme
nor under the New Pension Scheme.
6. On the other hand, the respondents had
contended that the continuity in service could not be
taken note of unless there was strict compliance with the
requirement of Rule 252(b) of the Karnataka Civil Services
Rules (KCSR). It is further submitted that the petitioner's
absorption in the Bangalore University being subsequent
to 01.04.2006, which is the cut-off date i.e., joining after
such date would provide eligibility only under the New
Pension Scheme. Accordingly, it is contended that his
joining the respondent No.1 - Bangalore University must
be construed to be a fresh absorption in the Bangalore
University and the New Pension Scheme would be
applicable.
7. Learned counsel for the respondents has also
contended that the strict compliance under Rule 252(b) of

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KCSR would require evidence to demonstrate that the
petitioner had joined the services of the respective
Universities only after obtaining necessary permission as
contemplated under Rule 252(b) of KCSR.
8. Heard the learned counsel on both sides at
length.
9. At the outset, it must be noticed that the 'New
Defined Contributory Pension Scheme' came into effect on
01.04.2006 and was to be extended only insofar as new
entrants to Government service. It is an admitted fact that
the respondent University has adopted the KCSR and
accordingly, reference may be made to the KCSR as is
necessary. The case of the petitioner is that the 'New
Defined Contributory Pension Scheme' could not be
applicable to the petitioner as it applies only to entrants
after 01.04.2006, and he was entitled to benefits under
the Old Pension Scheme.

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10. It is the case of the petitioner that the
petitioner's service commenced from the Kannada
University at Hampi since 1993 and that he has continued
subsequently at The Maharaja Sayajirao University of
Baroda as well as in Bangalore University till he attained
superannuation on 30.6.2022. It is submitted that in light
of the principle that the service in these Universities has
to be tagged by virtue of the principle embodied under
Rule 252(b) of KCSR.
11. Taking up of assignment in respondent No.1-
Bangalore University cannot be construed to be a fresh
appointment and the petitioner cannot be construed to be
a new entrant when he joined the services of the
Bangalore University. Such contention of the petitioner
requires to be addressed.
12. Rule 252(b) of KCSR reads as follows:
"252-(b): Resignation of an appointment to
take up, with proper permission, another
appointment, whether permanent or temporary,

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service in which counts in full or in part, is not a
resignation of public service."
13. It is also necessary at this point to take note of
the Regulations of University Grants Commission dated
18.07.2018, viz., “UGC Regulations on Minimum
Qualifications for Appointment of Teachers and Other
Academic Staff in Universities and Colleges and Other
Measures for the Maintenance of Standards in Higher
Education Act, 2018." [UGC Regulations].
14. It is relevant to notice that Regulation 10.0 of
the said UGC Regulations provides for 'Counting of Past
Services for Direct Recruitment and Promotion under
CAS', the relevant extract of the said provision would be
as follows:
10.0 COUNTING OF PAST SERVICES FOR
"
DIRECT RECRUITMENT AND PROMOTION
UNDER CAS
Previous regular service, whether national or
international, as Assistant Professor, Associate
Professor or Professor or equivalent in a University,

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College, National Laboratories or other
scientific/professional organizations such as the CSIR,
ICAR, DRDO, UGC, ICSSR, ICHR, ICMR, DBT, should
count for direct recruitment and promotion under the
CAS of a teacher as Assistant Professor, Associate
Professor, Professor or any other nomenclature,
provided that:
(a) The essential qualifications of the post held were
not lower than the qualifications prescribed by the
UGC for Assistant Professor, Associate Professor and
Professor, as the case may be.
(b) The post is/was in an equivalent grade or of the
pre-revised scale of pay as the post of Assistant
Professor (Lecturer) Associate Professor (Reader) and
Professor.
(c) The concerned Assistant Professor, Associate
Professor and Professor should possess the same
minimum qualifications as prescribed by the UGC for
appointment to the post of Assistant Professor,
Associate Professor and Professor, as the case may
be.
(d) The post was filled in accordance with the
prescribed selection procedure as laid down in the

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Regulations of the University/ State Government/
Central Government/ Institutions concerned, for such
appointments.
(e) The previous appointment was not as guest
lecturer for any duration,
(f) The previous Ad-hoc or Temporary or contractual
service (by whatever nomenclature it may be called)
shall be counted for direct recruitment and for
promotion, provided that:
(i) the essential qualifications of the post held were
not lower than the qualifications prescribed by the
UGC for Assistant Professor, Associate Professor and
Professor, as the case may be
(ii) the incumbent was appointed on the
recommendation of duly constituted Selection
Committee/Selection Committee constituted as per
the rules of the respective university;
(iii) the incumbent was drawing total gross
emoluments not less than the monthly gross salary of
a regularly appointed Assistant Professor, Associate
Professor and Professor, as the case may be; and

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(g) No distinctions shall be made with reference to
the nature of management of the institution where
previous services was rendered (private/local
body/Government), while counting the past service
under this clause."
15. Learned counsel for the petitioner has
vehemently submitted that while previous regular service,
whether in National or International Institutions in the
University could be taken note of and counted for direct
recruitment and promotion, the extension of said principle
of continuation of service must be extended to reckon
previous service rendered in Universities, all of which are
under the Administrative supervision of UGC and where
UGC Regulations are applicable. Such contention is raised
by learned counsel for the petitioner, in light of the
contention of respondent that the Kannada University at
Hampi, The Maharaja Sayajirao University of Baroda and
the Bangalore University are three different Universities
and accordingly, tagging of service under Rule 252(b) of
KCSR must not be resorted to.

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16. While taking note of the underlying principle
under Rule 252(b) of KCSR and noticing that the previous
service in an Institution which may be a University,
College, National Laboratory etc., is taken note of in the
subsequent Institution, all of which are governed by the
UGC regulations, such principle of tagging of service which
is relevant for the purpose of direct recruitment and
promotion in terms of UGC Regulations referred to above
must be taken note of even for the purpose of continuity
of service in terms of Rule 252(b) of KCSR.
17. Even otherwise, it must be noticed that the
correspondence and action taken by Bangalore University
would support the contention that the Bangalore
University itself has construed that there to be continuity
of service, insofar as Bangalore University has called upon
the other Universities to transfer the pension and furnish
necessary details in order to settle the pension of the
petitioner under the Old Pension Scheme. It may be

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necessary at this stage to refer to proceedings of the
nd
172 meeting of the Syndicate dated 28.12.2023 at
Annexure-P, in which Subject No.32 specifically relates to
the services of petitioner to be taken note of as Qualifying
Service for the purpose of pension would include the
services rendered in the Kannada University Hampi, and
The Maharaja Sayajirao University of Baroda.
nd
18. The proceedings of 172 Meeting of the
Syndicate may be extracted for the purpose of reference:
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ಪ ಯಮ 1957 ಯಮ 4 ರನಯ ಸದ ೇಾ ಅವಯನು ಂಚ
ೌಲಭ"#ೆ$ ಅಹ& ೇೆಯ'ಾ( ಪಗಸಲು ಂ+#ೇ, ಅನು-ೕ.ತು.
19. The reading of the proceedings at Annexure-'P'
would clearly indicate that the Syndicate itself has
resolved to take note of the service of petitioner in the
Kannada University, Hampi as well as The Maharaja
Sayajirao University of Baroda as Qualifying Service for
the purpose of the Pension Regulations'.
20. It is also necessary to refer to Annexure-'M'
dated 25.07.2023 which is the correspondence of the
Finance Officer of Bangalore University addressing a
communication to the Finance Officer, The Maharaja
Sayajirao University of Baroda, whereby reference is made
to the service rendered by the petitioner in The Maharaja
Sayajirao University of Baroda and noticing the entry
made in the petitioner's Service Records as having
rendered service under the Old Pension Scheme and has
called upon the Finance Officer of The Maharaja Sayajirao

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University of Baroda to forward the amount relating to
pension contribution to the Bangalore University.
21. This document would also enable inference that
the Bangalore University itself has recognised the
entitlement of petitioner by reference to his earlier service
in the preceding Universities under the Old Pension
Scheme and his entitlement under the Old Pension
Scheme.
22. It must be noticed that insofar as the petitioner
while serving in the Kannada University at Hampi, letter
dated 18.05.1998 addressed by the Kannada University,
Hampi to the Registrar, The Maharaja Sayajirao University
of Baroda, is a No Objection Certificate to the petitioner
who had applied for the post of Reader at The Maharaja
Sayajirao University of Baroda.
The Kannada University at Hampi had expressed its
no objection for the candidature of petitioner to be

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considered for appointment at The Maharaja Sayajirao
University of Baroda. Annexure-'W' is the correspondence
of The Maharaja Sayajirao University of Baroda addressed
to the Registrar, Bangalore University dated 27.02.2006,
whereby the petitioner's application for the post of
Professor in the Bangalore University was forwarded by
The Maharaja Sayajirao University of Baroda for due
consideration.
23. The communication at Annexure-'W' dated
27.02.2006 would also indicate that The Maharaja
Sayajirao University of Baroda had relieved the petitioner
after intimation to the Bangalore University, while
forwarding the application for post of Professor through
the University through proper channel to the Bangalore
University.
24. It is also necessary to notice that the letter
dated 20.02.2006 which is a letter addressed by The
Maharaja Sayajirao University of Baroda to the Registrar

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of the same University regarding forwarding of application
of the petitioner to the Bangalore University. The letters
would indicate that the petitioner by joining either The
Maharaja Sayajirao University of Baroda or the Bangalore
University had forwarded applications through proper
channel and only thereupon had joined the services of the
Bangalore University.
25. Having noticed the UGC Regulations referred to
above, all the three Universities in question undisputedly
having been recognised by the UGC, it could be stated
that when previous service is reckoned for the purpose of
promotion and for qualification of direct recruitment the
services could also be taken note of for continuity of
service for the purpose of Rule 252(b)of the KCSR.
26. The question of the petitioner being a new
entrant and accordingly the petitioner being eligible only
to 'New Defined Contributory Pension Scheme' would

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arise, if the petitioner was a new entrant after
01.04.2006.
27. The joining of Bangalore University cannot be
construed to be a fresh appointment in light of the
discussion above, wherein it is demonstrated that the
petitioner's application to the Bangalore University was
routed through The Maharaja Sayajirao University of
Baroda through proper channel and only after which the
services of the petitioner were relieved in The Maharaja
Sayajirao University of Baroda.
28. The Government Order of 12.07.2007, which is
produced at Annexure-'Q' would throw light on the
interpretation to be given for extending provisions of the
'New Defined Contributory Pension Scheme'. The said
Government Order dated 12.07.2007 has made relevant
observations which reads as follows:

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GOVERNMENT OF KARNATAKA
No: FD(Spl) 01 PEN 2007 Karnataka Government Secretariat,
Multistoried Building,
th
Bangalore, dated: 12 July 2007
OFFICIAL MEMORANDUM
Sub: Implementation of New Defined
Contributory Pension Scheme w.e.f. 1.4.2006
for new entrants to Government service-
clarification -reg.
Ref: Government Order No. FD(Spl) 04 PET
st
2005 dated 31 March 2006.
*
The Government of Karnataka by its order, referred
to above has introduced a new pension system called
'New Defined Contributory Pension Scheme' and it has
st
come into operation with effect from 1 April 2006. The
new pension scheme, is mandatory to all new recruits to
st
the State Government service, joining on or after 1 April
2006. Under this contributory pension scheme, the new
recruits are required to contribute 10% of their basic pay
and dearness allowance thereon every month and the
same will be matched by the State Government in equal
proportion. Several departments and other implementing
agencies have sought clarification as to whether
Government employees who were already in service prior
st
to 1 April 2006 if appointed in different posts under the
State Government and join the new posts on or after
st
1 April 2006 will be governed by the said new defined
contributory pension scheme or the pension benefits
under the Karnataka Civil Service Rules:

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The Government has examined the above issue. It
is hereby clarified that if persons who were already in
st
regular Government service prior to 1 April 2006, apply
for posts in the same or other departments under the
State Government service through proper channel and on
selection they are relieved by the competent authority or
tender technical resignation under rule 252 (b) of
Karnataka Civil Service Rules and subsequently join the
st
new posts on or after 1 April 2006, will not be treated as
new recruits. Consequently such persons will not be
governed by the new defined contributory pension
scheme. They shall continue to be governed by the
pension benefits under the Karnataka Civil Service Rules.
Sd/-
(M.R.KAMBLE)
Secretary to Government (Expenditure),
Finance Department.
29. The above extract would reveal that the
Government itself has clarified that insofar as such
persons who were already in regular Government Service
prior to 01.04.2006 who have applied for the posts in the
same or other Departments under the State Government
Service through proper channel and are relieved by the
Competent Authority or tender technical resignation under
Rule 252(b) of KCSR and subsequently have joined the

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new post on or after 01.04.2006, they would not be
treated as a new recruit.
30. Such interpretation made by the Government
insofar as Government employees would apply to the
present factual matrix as well, in light of the finding
recorded that the services under the previous Universities
also could be tagged for the purpose of Rule 252(b) of
KCSR as recorded above.
31. Accordingly, in light of the discussion made
above, the petitioner is entitled for the relief of release of
his pension under the Old Pension Scheme from
30.06.2022 after taking note of the service particulars in
his previous Universities, i.e., Kannada University at
Hampi, The Maharaja Sayajirao University of Baroda and
the service at the Bangalore University.

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32. The entitlement of pension of the petitioner to
be calculated and settled within a period of three months
from the date of receipt of certified copy of the order.
33. The request of the petitioner insofar as leave
encashment is concerned may also be considered within
the same period of three months as ordered above.
Accordingly, the petition is disposed of .
Sd/-
(S. SUNIL DUTT YADAV)
JUDGE
SKS
List No.: 1 Sl No.: 16