Karnataka HC Upholds Order Letting University Physical Education Director Serve Until 62, Rejects State Appeal

Dr. Keshavamurthy was appointed by Mangalore University as a Physical Cultural Instructor in 1996. He later obtained a Ph.D., undertook teaching and research-supervision duties, and was re-designated and promoted in the Physical Education and Sports cadre.

The State’s 2015 Government Order treated Physical Education Directors drawing UGC pay scales as ineligible for the enhanced retirement age. The University consequently notified him that he would retire at 60 on 30 June 2024.

He challenged the Government Order and retirement notification, seeking continuation until age 62. The Single Judge allowed his petition, set aside those measures insofar as they applied to him, and directed his continuation to age 62.

The State appealed.

The Court relied on P.C. Modi v. Jawaharlal Nehru Vishwa Vidyalaya, 2023 SCC OnLine SC 1664, and P.S. Ramamohana Rao v. A.P. Agricultural University, (1997) 8 SCC 350, as governing the entitlement of Physical Education Directors to the enhanced superannuation age.

The judgment also records the State’s reliance on Rule 95 of the Karnataka Civil Services Rules and Government Orders concerning the retirement age, but does not independently analyse those provisions in its reasoning.

The Court held that the issue was covered by the principles in P.C. Modi and P.S. Ramamohana Rao, together with this Court’s consistent approach to the entitlement of Physical Education Directors.

It therefore found that the Single Judge had correctly applied the governing legal position to Dr. Keshavamurthy’s case and that the State’s grounds disclosed no basis for a different result.

It dismissed the writ appeal and affirmed the Single Judge’s order, including the direction that Dr. Keshavamurthy be continued in service until attaining 62 years of age.