THE IN-CHARGE DIRECTOR vs DR SUMANGALA B
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC:57863-DB
WA No. 2021 of 2026
C/W WA No. 2017 of 2026
WA No. 2023 of 2026
CNR: KAHC010598702026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 13 DAY OF OCTOBER, 2026
PRESENT
THE HON'BLE MR. JUSTICE D K SINGH
AND
THE HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN
WRIT APPEAL NO. 2021 OF 2026 (S-RES)
C/W
WRIT APPEAL NO. 2017 OF 2026 (S-RES)
WRIT APPEAL NO. 2023 OF 2026 (S-R)
I N WA No. 2021/2026:
BETWEEN:
THE IN-CHARGE DIRECTOR
MANDYA INSTITUTE OF MEDICAL SCIENCES,
BENGALURU-MYSURU ROAD,
DISTRICT HOSPITAL CAMPUS,
MANDYA-571 401
REPRESENTED BY
DR. NARASHIMHASWAMY P,
AGED 56 YEARS,
SON OF SRI. VENKATASWAMY P,
THE IN-CHARGE DIRECTOR
…APPELLANT
(BY SRI. N JAGADISH BALIGA, ADVOCATE)
AND:
1. DR.SUMANGALA B
AGED 62 YEARS,
DAUGHTER OF SRI. BASAVARAJAIAH,
TH TH
RESIDING AT NO. 16, 8 MAIN, 4 CROSS,
F BLOCK, J. P NAGAR, NEAR POLICE STATION,
MYSURU- 577 008.
Digitally
signed by
MALA K N
Location:
HIGH COURT
OF
KARNATAKA
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HC-KAR
NC: 2026:KHC:57863-DB
WA No. 2021 of 2026
C/W WA No. 2017 of 2026
WA No. 2023 of 2026
CNR: KAHC010598702026
2. THE STATE OF KARNATAKA,
REPRESENTED BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF HEALTH AND FAMILY WELFARE
TH
(MEDICAL EDUCATION), 6 FLOOR, MS BUILDING,
BENGALURU-560 001.
3. THE PRINCIPAL SECRETARY,
DEPARTMENT OF FINANCE,
VIDHANA SOUDHA, BENGALURU-560 001.
4. THE DIRECTOR,
DIRECTORATE OF MEDICAL EDUCATION,
BMC AND RI (OLD BUILDING),
ST
1 FLOOR, FORT K R ROAD,
BENGALURU-560 001.
…RESPONDENTS
(BY SRI.GAURAV G.K, ADVOCATE FOR C/R1 IN CP 14841/26
AND ALSO ACCEPTS NOTICE FOR R1;
SRI.B.RAVINDRANATH, AGA FOR R2 TO R4)
THIS WRIT APPEAL FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED
17/03/2026 PASSED BY THE LEARNED SINGLE JUDGE,
PRINCIPAL BENCH AT BENGALURU IN WP NO.18075/2025 AND
GRANT SUCH AND FURTHER RELIEF DEEMS FIT UNDER THE
CIRCUMSTANCES OF THE CASE INCLUDING THE COST
THROUGHOUT.
IN WA NO. 2017/2026:
BETWEEN:
THE IN-CHARGE DIRECTOR
MANDYA INSTITUTE OF MEDICAL SCIENCES,
BENGALURU-MYSURU ROAD,
DISTRICT HOSPITAL CAMPUS,
MANDYA-571 401
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HC-KAR
NC: 2026:KHC:57863-DB
WA No. 2021 of 2026
C/W WA No. 2017 of 2026
WA No. 2023 of 2026
CNR: KAHC010598702026
REPRESENTED BY DR. NARASHIMHASWAMY P,
AGED ABOUT 56 YEARS,
SON OF SRI. VENKATASWAMY P,
THE IN-CHARGE DIRECTOR
...APPELLANT
(BY SRI. N.JAGADISH BALIGA, ADVOCATE)
AND:
1. DR. PRAKASH G M,
AGED 65 YEARS,
SON OF LATE G MADEGOWDA,
ST
RESIDING AT NO. 584, 1 D MAIN,
ND TH
2 STAGE, 9 BLOCK, NEAR GANDHI PARK,
NAGARABHAVI, BENGALURU-560 072.
2. DR. SHIVAKUMAR K M,
AGED 65 YEARS,
SON OF LATE M MARIGOWDA,
RESIDING AT NO. 387 SRUSTI,
ST
1 CROSS, K MARIGOWDA LAYOUT,
MANDYA-571 401.
3. DR. RAJENDRA,
AGED 66 YEARS,
SON OF SRI. D H MALLINATHAIAH,
TH
RESIDING AT NO. 31, 14 CROSS,
ADIKPAMAPA ROAD, V V MOHALLA,
MYSURU- 570 002.
4. THE STATE OF KARNATAKA,
REPRESENTED BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF HEALTH AND FAMILY WELFARE
(MEDICAL EDUCATION),
TH
6 FLOOR, M S BUILDING,
BENGALURU-560 001.
5. THE PRINCIPAL SECRETARY,
DEPARTMENT OF FINANCE,
VIDHANA SOUDHA,
BENGALURU-560 001.
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HC-KAR
NC: 2026:KHC:57863-DB
WA No. 2021 of 2026
C/W WA No. 2017 of 2026
WA No. 2023 of 2026
CNR: KAHC010598702026
6. THE DIRECTOR,
DIRECTORATE OF MEDICAL EDUCATION,
BMC AND RI (OLD BUILDING),
ST
1 FLOOR, FORT K R ROAD,
BENGALURU-560 001.
...RESPONDENTS
(BY SRI. GAURAV G.K, ADVOCATE FOR R1 TO R3;
SRI. B.RAVINDRANATH, AGA FOR R4 TO R6)
THIS WRIT APPEAL FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER
DATED 17/03/2026 PASSED BY THE LEARNED SINGLE
JUDGE, PRINCIPAL BENCH AT BENGALURU IN WP
NO.29950/2024 AND GRANT SUCH AND FURTHER RELIEF
DEEMS FIT UNDER THE CIRCUMSTANCES OF THE CASE
INCLUDING THE COST THROUGHOUT.
IN WA NO. 2023/2026:
BETWEEN:
THE IN-CHARGE DIRECTOR
MANDYA INSTITUTE OF
MEDICAL SCIENCES,
BENGALURU-MYSURU ROAD,
DISTRICT HOSPITAL CAMPUS,
MANDYA-571 401.
REPRESENTED BY
DR. NARASHIMHASWAMY P,
AGED 56 YEARS,
SON OF SRI. VENKATASWAMY P,
THE IN-CHARGE DIRECTOR
...APPELLANT
(BY SRI. N.JAGADISH BALIGA, ADVOCATE)
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HC-KAR
NC: 2026:KHC:57863-DB
WA No. 2021 of 2026
C/W WA No. 2017 of 2026
WA No. 2023 of 2026
CNR: KAHC010598702026
AND:
1. DR. M S SIDDEGOWDA
AGED 62 YEARS,
SON OF SRI. SIDDEGOWDA,
RESIDING AT NO. 249, SHIVAKRUPA,
ND
2 CROSS, NEAR CAUVERY GIRLS SCHOOL,
SHIVANANJAPPA LAYOUT,
MANDYA-571 401.
2. THE STATE OF KARNATAKA,
REPRESENTED BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF HEALTH AND FAMILY WELFARE
(MEDICAL EDUCATION), MS BUILDING,
BENGALURU-560 001.
3. THE DIRECTOR,
THE DIRECTORATE OF MEDICAL EDUCATION,
REPRESENTED BY DEPARTMENT OF HEALTH AND
FAMILY WELFARE, MS BUILDING,
ANANDA RAO CIRCLE, BENGALURU-560 001.
4. THE DIRECTOR,
KIDWAI MEMORIAL INSTITUTE OF ONCOLOGY,
DR. M H MARIGOWDA ROAD,
BENGALURU- 560 029.
...RESPONDENTS
(BY SRI. GAURAV G.K, ADVOCATE FOR R1;
SRI. B.RAVINDRANATH, AGA FOR R2 & R3)
THIS WRIT APPEAL FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER
DATED 17/03/2026 PASSED BY THE LEARNED SINGLE
JUDGE, PRINCIPAL BENCH AT BENGALURU IN WP
NO.22644/2024 AND GRANT SUCH AND FURTHER RELIEF
DEEMS FIT UNDER THE CIRCUMSTANCES OF THE CASE
INCLUDING THE COST THROUGHOUT.
THESE APPEALS, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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HC-KAR
NC: 2026:KHC:57863-DB
WA No. 2021 of 2026
C/W WA No. 2017 of 2026
WA No. 2023 of 2026
CNR: KAHC010598702026
CORAM: HON'BLE MR. JUSTICE D K SINGH
AND
HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE D K SINGH)
The present intra-court appeals have been filed
impugning the judgment and order dated 17.03.2026
passed by the writ court in Writ Petition No.18075/2025
(S-RES), W.P.No.29950/2024 (S-RES) and
W.P.No.22644/2024 (S-R) respectively filed by the
respondents herein.
2. The Writ Court vide the impugned judgment
and orders while allowing the Writ Petitions has quashed
the endorsement dated 12.05.2022, 21.04.2022 and
18.06.2024 respectively issued by the respondent/Mandya
Institute of Medical Sciences, whereby the request of the
petitioners to avail the benefit of old pension scheme has
been rejected. As per the Government Order dated
26.07.2025, the persons appointed after 01.04.2006 in
the institute would be entitled for the New Pension
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Scheme i.e., Contributory Pension Scheme or Provident
Fund Scheme. Though the petitioners were appointed prior
to 01.04.2006, but as per Clause-3 of their Appointment
Order, they are entitled for Contributory Pension or
Contributory PF Scheme.
3. The learned Single Judge missed out this vital
clause in the appointment letters of the petitioners. The
petitioners knowing fully well about this clause in their
appointment orders approached the authorities only in the
year 2020 seeking the benefit of the old pension scheme.
4. On the last date of hearing of these writ appeals
i.e., on 28.09.2026, we passed the following order:
"Learned counsel for the appellant seeks time
to file affidavit of In-Charge Director of Mandya
Institute of Medical Sciences regarding PF
Contribution deducted from the salary of
respondents/Doctors and contribution made by the
Institute towards P.F."
5. The affidavit of the in-charge Director of
Mandya Institute of Medical Sciences, has been placed on
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record today. It has been specifically stated that in
respect of the five petitioners, contribution towards
Provident Fund from the employees was made from March
2006 till March 2018 i.e., till the date of retirement. In
respect of Dr.Shivakumar K.M., the contribution from
employee was made from November 2006 till his
retirement in November 2020. Similarly in case of
Dr.M.S.Siddegowda, the contribution from employee was
made from November 2006 till his retirement in November
2020. Similarly, the contribution from Dr.D.H.Rajendra
was made from 2006 till his retirement in March 2018,
from Dr.Sumangala B., contribution was made from March
2006 till November 2020 and from Dr.Prakash G.M., from
March 2006 till his retirement in November 2020. The
amount of contribution in respect of the 5 petitioners as
mentioned above was Rs.2,16,900/-, Rs.2,09,000/-,
Rs.1,57,500/-, Rs.2,16,900/- and Rs.2,16,900/-
respectively.
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HC-KAR
NC: 2026:KHC:57863-DB
WA No. 2021 of 2026
C/W WA No. 2017 of 2026
WA No. 2023 of 2026
CNR: KAHC010598702026
6. As the petitioners have been given the benefit
of Contributory Provident Fund Scheme, they are not
entitled for the Contributory Pension Scheme. Therefore,
the judgment of the learned Single Judge is not
sustainable in view of the aforesaid facts inasmuch as, in
terms of their appointment letters, they have been given
the benefit of Contributory Provident Fund Scheme, which
was contributed in the Fund from the side of the
Institution.
allow
Accordingly, we these appeals and set
aside the judgment and order dated 17.03.2026 passed by
the writ court in Writ Petition No.18075/2025 (S-RES),
W.P.No.29950/2024 (S-RES) and W.P.No.22644/2024 (S-
R).
Sd/-
(D K SINGH)
JUDGE
Sd/-
(H.SHANTHI BHUSHAN)
JUDGE
KNM
List No.: 1 Sl No.: 17