Karnataka High CourtSocial Security and PensionsAdministrative and Public Law

Karnataka HC Reverses Old-Pension Relief For Retired Doctors Whose Appointment Terms Provided For Contributory PF

THE IN-CHARGE DIRECTORv.DR SUMANGALA B

Karnataka HC Reverses Old-Pension Relief For Retired Doctors Whose Appointment Terms Provided For Contributory PF. THE IN-CHARGE DIRECTOR vs DR SUMANGALA B. Karnataka High Court. LawLens
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In brief

The question

1. Whether the respondents were entitled to the old pension scheme despite Clause 3 of their appointment orders providing for a contributory scheme.

The court held

The Court allowed the appeals and set aside the Single Judge’s orders dated 17 March 2026 in W.P. Nos. 18075/2025, 29950/2024 and 22644/2024.

It also directed

The respondents were therefore not granted the requested old-pension benefit on the grounds addressed in the judgment.

01Facts

The respondents, former doctors of Mandya Institute of Medical Sciences, sought the benefit of the old pension scheme.

The Institute rejected their requests, and the Single Judge quashed the respective endorsements rejecting those requests.

p. 6

The Institute appealed, contending that Clause 3 of the respondents’ appointment orders provided for a contributory pension or contributory provident fund scheme.

p. 7

The Division Bench also considered the Institute’s affidavit stating that provident-fund contributions had been deducted from the respondents’ salaries and made by the Institute during their service.

pp. 7–9

02Issues

i.1. Whether the respondents were entitled to the old pension scheme despite Clause 3 of their appointment orders providing for a contributory scheme.

pp. 6–7

ii.2. Whether the respondents’ receipt of benefits under the Contributory Provident Fund Scheme entitled them to the Contributory Pension Scheme or old pension benefits.

p. 9

03Law Applied

The Court referred to the Government Order dated 26 July 2025, under which employees appointed after 1 April 2006 were to be covered by the New Pension Scheme, described as the Contributory Pension Scheme or Provident Fund Scheme.

p. 6

It treated Clause 3 of the respondents’ appointment orders as specifying their applicable contributory scheme and relied on the evidence of provident-fund contributions in determining the benefits they had received.

pp. 7–9

The judgment cites no statute or precedent as a substantive basis for its decision; Section 4 of the Karnataka High Court Act is identified as the provision under which the appeals were filed.

pp. 2, 4–5

Provisions in the judgment · 1 · Linked ones open on LawLens

KARNATAKA HIGH COURT ACT, 1961 Section 4

04Reasoning

The Court held that the Single Judge had overlooked Clause 3 of the appointment orders, which provided for a contributory scheme.

p. 7

The affidavit showed that provident-fund contributions had been made in respect of the respondents.

pp. 7–9

On that basis, the Court found that they had received the benefit of the Contributory Provident Fund Scheme and were not entitled to the Contributory Pension Scheme; accordingly, the Single Judge’s orders allowing their petitions could not stand.

p. 9

05Holding

The Court allowed the appeals and set aside the Single Judge’s orders dated 17 March 2026 in W.P. Nos. 18075/2025, 29950/2024 and 22644/2024.

p. 9

The respondents were therefore not granted the requested old-pension benefit on the grounds addressed in the judgment.

p. 9
Karnataka High Court

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THE IN-CHARGE DIRECTORvsDR SUMANGALA B

Karnataka High Court · October 13, 2026

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