Retired Professor Who Joined Bangalore University After 2006 Wins Old Pension, As Karnataka HC Counts His Proper-Channel Service At Earlier Universities

The petitioner, a retired Professor of Bangalore University, had served at Kannada University, Hampi, The Maharaja Sayajirao University of Baroda, and Bangalore University before retiring on 30 June 2022.

His pension had not been settled under either the Old Pension Scheme or the New Defined Contributory Pension Scheme.

Bangalore University contended that his service could not be treated as continuous without compliance with Rule 252(b) of the Karnataka Civil Services Rules (KCSR), and that his post-1 April 2006 absorption made him subject to the New Scheme.

The petitioner relied on University records and correspondence indicating that his prior service was being considered for pension purposes and that his applications had been routed through proper channels.

Rule 252(b) of the KCSR provides that resignation to take up another appointment, with proper permission, in a service that counts in full or in part is not a resignation from public service.

Regulation 10.0 of the UGC Regulations, 2018 permits qualifying prior academic service in specified institutions to count for direct recruitment and promotion, subject to prescribed conditions.

The Karnataka Government’s Official Memorandum dated 12 July 2007 clarifies that employees already in regular Government service before 1 April 2006 who move to another post through the proper channel and are relieved or tender a technical resignation under Rule 252(b) are not treated as new recruits and remain governed by the KCSR pension benefits.

The Court held that the principle underlying Rule 252(b), read with the UGC Regulations’ recognition of qualifying prior service, supported counting the petitioner’s service across the three UGC-recognised universities for pension purposes.

The University’s own actions—including its request for pension-related records and contributions from the previous universities, and the Syndicate’s decision to treat the earlier service as qualifying service—supported continuity.

The evidence also showed that the petitioner’s move to Bangalore University followed applications routed through the proper channel and his release by the prior university.

Applying the Government’s 2007 clarification, the Court concluded that the petitioner was not a new entrant merely because he joined Bangalore University after 1 April 2006.

It directed that his pension be calculated and settled within three months of receipt of the certified order, and that his request for leave encashment also be considered within that period.

The petition was disposed of accordingly.