THE STATE OF KARNATAKA vs SRI.D.PUTTARAJU
- Court
- Karnataka High Court
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 9 DAY OF OCTOBER, 2026
PRESENT
THE HON'BLE MR. JUSTICE S.G.PANDIT
AND
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
WRIT PETITION NO. 23212 OF 2021 (S-KSAT)
BETWEEN:
1. THE STATE OF KARNATAKA
REP. BY ITS SECRETARY TO GOVERNMENT
DEPARTMENT OF EDUCATION
(PRIMARY AND HIGHER)
M S BUILDING
BENGALURU -560 001.
2. THE COMMISSIONER OF
PUBLIC INSTRUCTIONS
PRIMARY AND SECONDARY EDUCATION
NEW PUBLIC OFFICES
NRUPATHUNGA ROAD
BENGALURU -560 001.
3. THE DIRECTOR OF PUBLIC INSTRUCTIONS
PRIMARY EDUCATION
NEW PUBLIC OFFICES
NRUPATHUNGA ROAD
BENGALURU- 560 001.
4. THE DEPUTY DIRECTOR
OF PUBLIC INSTRUCTIONS
CHAMARAJANAGAR DISTRICT
CHAMARAJANAGAR- 571 440.
5. THE BLOCK EDUCATIONS OFFICER
DEPARTMENT OF PUBLIC INSTRUCTIONS
CHAMARAJNAGAR DISTRICT
CHAMARAJANAGAR -571 440.
Digitally signed by
NANJUNDACHARI
Location: High
Court of
Karnataka
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6. THE HEAD MASTER
GOVERNMENT LOWER PRIMARY SCHOOL
CHENNIPURADA DODDI
SATTEGALA POST, KOLLEGAL POST
CHAMARAJANAGAR DISTRICT- 571 400.
7. THE ACCOUNTANT GENERAL IN KARNATAKA
NEW BUILDING
POST BOX NO.5369
BENGALURU -560 001.
…PETITIONERS
(BY SRI. S.C. DESHMUKH, AGA)
AND:
SRI.D.PUTTARAJU S/O SRI DUNDAIAH
AGED ABOUT 57 YEARS
ASSISTANT TEACHER
CHINNIPURADODA, KOLLEGAL RANGE
(NOW UNDER RELIEVING)
R/AT NO.1-329
HEAD POST OFFICE ROAD
G P MALLAPPOPURAM
KOLLEGAL - 571 440
CHAMARAJANAGAR DISTRICT.
…RESPONDENT
(BY SRI. H. M.UMESH, ADV. (THROUGH VC))
THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF
CONSTITUTION OF INDIA, PRAYING TO 1. CALL FOR THE RECORDS
RELATING TO ORDER DATED 19.02.2019 IN APPLICATION
NO.6646/2011 PASSED BY THE KARNATAKA STATE ADMINISTRATIVE
TRIBUNAL BENGALURU AND 2. ISSUE A WRIT OF CERTIORARI OR
ANY OTHER APPROPRIATE WRIT ORDER OR DIRECTION SETTING
ASIDE THE IMPUNGED ORDER DATED 19.02.2019 IN APPLICATION
NO.6646/2011 PASSED BY THE KARNATAKA STATE ADMINISTRATIVE
TRIBUNAL BENGALURU VIDE ANNEXURE-A.
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 State Authorities represented by Secretary to
Government, Department of Education and other
authorities in the Education Department are before this
Court under Article 226 of the Constitution of India
questioning order dated 19.02.2019 in Application
No.6646/2011 passed by the Karnataka State
Administrative Tribunal at Bengaluru (for short, ‘the
Tribunal’), whereunder endorsement dated 26.07.2011
(Annexure-A16) rejecting respondent’s request for
pensionary benefits on the ground that the petitioner who
took voluntary retirement before completion of fifteen
years of service is quashed and the respondent’s prayer
for direction to sanction pension and related benefits is
allowed.
2. Brief facts of the case are that, the respondent
herein approached the Tribunal questioning endorsement
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at Annexure-A16 dated 26.07.2011 rejecting the request
of the respondent for pensionary benefits on the ground
that the respondent had taken voluntary retirement before
completion of fifteen years of service. The Tribunal under
impugned order allowed the Application, quashed
impugned endorsement dated 26.07.2011 (Annexure-A16)
and directed the petitioners herein to grant pension to the
respondent herein in terms of Rule 285 of the KCSRs,
treating the period till the order of the Tribunal as
additional qualifying service apart from thirteen years four
months and fifteen days, denying the backwages from
07.06.2008 till the date on which the respondent was
permitted to retire voluntarily i.e., 26.07.2011.
Questioning the said order, the petitioners – State
Authorities are before this Court in this writ petition.
3. Learned Additional Government Advocate
Sri.S.C.Deshmukh for petitioners – State would contend
that the respondent who was working as Primary School
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Teacher in Chamarajanagara District submitted his
application for voluntary retirement on 01.02.2008 and the
said application for voluntary retirement was accepted on
07.06.2008 in terms of Rule 285 of KCSRS. Further,
learned Additional Government Advocate would submit
that in pursuance to acceptance of the application of the
petitioner for voluntary retirement, the respondent was
relieved on 30.06.2008. Subsequently, he made an
application to withdraw application for voluntary
retirement which was rejected by order dated 07.11.2008.
Therefore, learned Additional Government Advocate would
submit that once the respondent is permitted to retire
voluntarily and when the respondent is relieved on
acceptance of his application for voluntary retirement and
when the respondent has not completed the minimum
period of service for grant of pension and pensionary
benefits, the respondent would not be entitled for any
pension and pensionary benefits. Learned Additional
Government Advocate would submit that the direction
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issued by the Tribunal under impugned order is opposed to
Rule 285 of KCSRs and the Tribunal failed to appreciate
that the respondent has not completed or not rendered
minimum service as required for pension and pensionary
benefits. Learned Additional Government Advocate would
submit that at the relevant point of time, the minimum
required service for grant of pension and pensionary
benefits was fifteen years and the petitioner had
completed thirteen years, four months and fifteen days.
Therefore, the State Authorities rightly denied the pension
and pensionary benefits to the respondent. Learned
Additional Government Advocate on the above submission,
prayed for allowing the writ petition.
4. Per contra, learned counsel Sri.H.M.Umesh for
respondent would submit that as on the date of submitting
application for voluntary retirement under Rule 285 of
KCSRs and as on the date of acceptance of application for
voluntary retirement by the petitioners dated 07.06.2008,
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the respondent had only rendered service of thirteen
years, four months and fifteen days. When the respondent
had not completed fifteen years of service, the petitioner –
authorities could not have accepted the application of the
respondent for voluntary retirement. Therefore, learned
counsel for the respondent would support the order passed
by the Tribunal and would pray for dismissal of the writ
petition.
5. On hearing the learned counsel appearing for
the parties and on perusal of the entire writ petition
papers, we are not inclined to interfere with the impugned
order passed by the Tribunal directing grant of pension to
the respondent in terms of Rule 285 of KCSRs treating the
period till order of the Tribunal as qualifying service apart
from thirteen years, four months and fifteen days.
6. Admittedly, the petitioner joined the service as
Primary School Teacher by order dated 07.02.1995 of the
Deputy Director of Public Instructions, Mysuru District. It
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is also an admitted fact that on 01.02.2008, the
respondent submitted application for voluntary retirement
under Rule 285 of KCSRs. The petitioner No.4 – Deputy
Director of Public Instructions accepted the voluntary
retirement application of the respondent on 07.06.2008
and relieved the respondent on 30.06.2008. Thereafter,
the respondent submitted application on 22.06.2009 for
withdrawal of application for voluntary retirement. On his
application for withdrawal of application for voluntary
retirement, correspondence was made to the higher
authorities as well as to the Accountant General in
Karnataka. However, under impugned endorsement dated
26.07.2011, the respondent’s request for sanction of
pension was rejected.
7. The voluntary retirement is governed by Rule
285 of KCSRs. Rule 285 of KCSRs reads as follows:
“ 285 . (1) Retiring Pension. – A retiring pension is a
pension granted to a Government servant. –
(a) who is permitted to retire any time after
completion of a qualifying service of not less than
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15 years, subject to the conditions specified in
sub-rule (2) hereunder; or
(b) who is permitted to retire any time on attaining
the age of 50 years, subject to the conditions
specified under sub-rule (3) hereunder; or
(c) who is retired in public interest any time after
completion of 20 years qualifying service or after
he has attained the age of 50 years, subject Sub-
Rule (4) thereunder.
(2) Conditions governing voluntary retirement of a
Government servant on completion of a qualifying service of not less
than 15 years. -
(i) The Government servant shall give a notice of at least 3
months in writing to the appointing authority;
(ii) The scheme is voluntary, the initiative resting with the
Government servant himself;
(iii) Government does not have the reciprocal rights to retire
Government servants on its own under this scheme;
(iv) Government servant retiring under this scheme shall be
entitled to retiring pension/gratuity;
(v) While granting the retiring pension/gratuity to a Government
Servant retiring under this scheme, weightage upto five
years shall be given as an addition to the qualifying
service actually rendered by him. The grant of such
weightage shall, however, be subject to the condition that
the total qualifying service after allowing the weightage
shall not, in any case, exceed the qualifying service which
the Government Servant would have had, if he had
retired on attaining the age of superannuation;
(vi) The weightage given under this scheme shall be only an
addition to the qualifying service for purposes of pension
and gratuity and shall not entitle a Government Servant
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Retiring Voluntarily to any notional fixation of pay for
purposes of calculation Pension and Gratuity;
(vii) The amount of Pension/Gratuity, to be granted shall be
subject to the right of the Government or any competent
authority to make reduction therein in accordance with
the provisions of the Rules, if his service is not
satisfactory.
(viii) The scheme of voluntary retirement shall not be applicable
to Government Servants who have been or who are
absorbed in autonomous bodies/public sector
undertakings, etc., in accordance with the provisions of
th
G.O. No. FD 70 SRS 77, dated 27 October 1977;
(ix) A notice of less than three months may be accepted by the
appointing authority in deserving cases, with the prior
approval of Government;
(x) A notice of voluntary retirement may be withdrawn
subsequently only with the approval of the appointing
Authority provided that the request for such withdrawal is
made within the intended date of retirement and the
Government Servant is in a position to establish that
there has been a material change in the circumstances in
consideration of which the notice was originally given;
(xi) The voluntary retirement shall not become effective merely
on the ground that a notice to that effect has been given
by the Government Servant unless it is duly accepted by
the appointing authority. Such acceptance may be
generally given in all cases except those. –
(a) in which disciplinary proceedings are pending or
contemplated against the Government Servant
concerned for the imposition of any of the
penalties specified in clauses (v) to (viii) of Rule 8
of the Karnataka Civil Services (Classification,
Control and Appeal) Rules, 1957, or
(b) in which prosecution is contemplated or may have
been launched in Court of Law against the
Government Servant concerned.
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Where it is proposed to accept the notice of voluntary
retirement in such cases, prior approval of Government in case
of Gazetted Government Servants and of the Head of the
Department in case of Non-Gazetted Servants should invariably
be obtained .
(xii) A Government Servant who has given notice under clause
(1) of this sub-rule may be granted leave due and
admissible to him, not extending beyond the date on
which he attains the age of superannuation, even though
such leave extends beyond the date on which he retires
on the expiry of the notice. But the leave salary
admissible in respect of leave extending beyond the
notice period shall be reduced by the amount of pension
and pension equivalent of Death-cum-Retirement
Gratuity, as the effective date of retirement is the date
immediately following the expiry of the notice period;
(xiii) Orders permitting a Government Servant to retire under
clause (a) of sub-rule (1) shall not be issued until after
the fact that he has put in a qualifying service not less
than 15 years has been verified in consultation with the
Accountant General;
(xiv) The term “appointing authority” referred to in this sub-rule
means appointing authority as defined in clause (a) of
Rule 2 of the Karnataka Civil Services (Classification,
Control and Appeal) Rules. 1957.
(xv) A Government servant who has voluntarily retired under
this scheme after having put in a qualifying service of not
less than 15 years shall not be eligible to seek direct
recruitment to any service under the State Government
or Companies, Corporations and other organizations
owned or controlled by the State Government or
Universities and Educational Institutions which receive
grant or as the case may be, grant-in-aid from the State
Government.
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(3) Conditions governing voluntary Retirement of
Government Servants after attaining the Age of 50 years.
–
(i) The Retirement of a Government Servant on
attaining the age of 50 years is subject to the
conditions specified under Clauses (i), (iv), (vii),
(ix), (x), (xi), (xii), and (xiv) of sub-rule (2)
mentioned above;
(ii) The quantum of pension and Death-cum-Retirement
Gratuity admissible to a Government Servant
permitted to retire as above shall be proportionate
to the length of his qualifying service and
calculated in accordance with the provision of
Chapter XIX of the Rules;
(iii) The provisions of this sub-rule shall come into force
from the date of their publication in the Official
Gazette.
(4) Retirement of a Government Servant in public
interest under the orders of Government. –
(i) Government may, by order, retire a Government
servant who is working in a substantive, quasi-permanent or
temporary capacity, after he has attained the age of 50 years or
after he has completed 20 years of qualifying service, if the
retirement is in their opinion necessary in the public interest:
Provided that the Government servant concerned shall
either be given a notice of three months before the date of
retirement or if he is ordered to retire forthwith, be permitted to
draw, every month in lieu of pension for the period of three
months, from the date of such retirement, a sum equivalent to
the salary which he was drawing immediately before the date of
retirement and any increment which accrues to him during the
said period shall be paid to him and the said period for which he
draws such salary shall be treated as duty.
(ii) Salary for this purpose will include special
allowance, dearness allowance, house rent allowance.,
city compensatory allowance, Uniform Allowance,
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Deputation allowance, Foreign Service Allowance and any
other allowance, except Conveyance allowance and the
Fixed Travelling Allowance. If the service of the
Government servant who is on deputation or on foreign
service for a specified period on specified terms and
conditions, are withdrawn to his parent department
before orders are passed under this sub-rule, no
deputation or foreign service allowance will be paid.
(iii) Retirement under this sub-rule is not permissible
after, issue of an order under clause (c) of Rule 95 of the
rules.
(iv) Orders Retiring a Government Servant under this
sub-rule, any time after his completion of 20 years of
qualifying service shall not be issued until after the fact
that he has put in a qualifying service of not less than 20
years has been verified in consultation with the
Accountant-General.
(v) The quantum of pension and Death-cum-
Retirement Gratuity admissible to a Government Servant
who is retired under this sub-rule shall be proportionate
to the length of his qualifying service and calculated in
accordance with the provisions of Chapter XIX of the
Rules.
(vi) The amount of pension/gratuity to be granted shall
be subject to the right of the Government or any
competent authority to make reduction therein in
accordance with the provisions of the rules, if his service
is not satisfactory.
(vii) The provisions of this sub-rule shall come into
force from the date of their publication in the Official
Gazette.”
Under Rule 285 of KCSRs, a retiring pension is granted to
a Government servant who is permitted to retire any time
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after completion of a qualifying service of not less than
fifteen years, subject to the conditions to be satisfied
under Sub-Rule (2) of the said Rules.
8. The pre-condition for submitting application for
voluntary retirement is that one should have completed
qualifying service of not less than fifteen years, subject to
fulfilling other conditions specified under Sub-Rule (2).
Sub-Rule (2) (viii) requires the Appointing Authority to
verify in consultation with the Accountant General, the fact
that whether the Government servant has put in a
qualifying service of not less than fifteen years before
permitting such Government servant to retire under
Clause(1) of Sub-Rule(1) of Rule 285 of KCSRs.
9. Admittedly, as on the date of submitting
application for voluntary retirement on 01.02.2008, the
respondent had rendered service of thirteen years, four
months and fifteen days and admittedly, he had not
completed fifteen years of qualifying service for pension.
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The fourth petitioner – Deputy Director of Public
Instructions without verifying in terms of Rule 285(2)(viii)
of KCSRs or without specifying as to the qualifying service
rendered by the respondent, could not have accepted the
application for voluntary retirement. As rightly recorded by
the Tribunal because of the serious lapse and mistakes
committed by the fourth petitioner – Deputy Director of
Public Instructions, the respondent cannot be made to
suffer.
10. When the law requires the authority to comply
with certain conditions before exercising such power, the
authority cannot without fulfilling or complying such Rule,
cannot blindly exercise the power conferred under such
Rule. In the instant case, the fourth petitioner – The
Deputy Director of Public Instructions failed to apply its
mind to Rule 285 of KCSRS before accepting the voluntary
retirement application of the respondent.
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11. In the above circumstances and for the reasons
recorded above, we are of the considered opinion that
there is no merit in the writ petition and accordingly, writ
petition stands rejected .
Sd/-
(S.G.PANDIT)
JUDGE
Sd/-
(DR.CHILLAKUR SUMALATHA)
JUDGE
NC
CT:bms
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