Case Note & Summary
The petitioner, Sri Chandra Shekhar G, was working as a First Division Assistant in the Mysore City Corporation. He had previously served as an Assistant Teacher in a Government School from 30.01.2004 to 19.12.2016. He resigned from the teaching post to join the Corporation on 20.12.2016 after being selected by the Karnataka Public Service Commission (KPSC) through open competition. The petitioner sought a writ direction to the respondents, including the State of Karnataka, Director of Municipal Administration, Commissioner of Mysore City Corporation, and the Accountant General, to count his previous service for pension purposes and to grant pay protection based on his last drawn pay. He also requested continuation of his KGID, GPF, and GIS accounts. The respondents opposed the petition. The court, after hearing arguments, relied on Rule 235 of the Karnataka Civil Services Rules, 1964, which provides that previous public service under the State Government shall count as qualifying service for pension. The court noted that the petitioner's resignation was to join another government post, and thus the service should be counted. The court allowed the petition, directing the respondents to count the service from 30.01.2004 to 19.12.2016 for pension and to grant pay protection, and to continue the petitioner's accounts as per his representations.
Headnote
A) Service Law - Pension - Qualifying Service - Rule 235 of Karnataka Civil Services Rules, 1964 - The petitioner, a First Division Assistant, sought counting of his prior service as Assistant Teacher for pension. The court held that Rule 235 mandates counting of previous public service as qualifying service for pension when an employee moves from one government department to another, and directed the respondents to count the service from 30.01.2004 to 19.12.2016 for pension and grant pay protection. (Paras 1-5)
Issue of Consideration
Whether the petitioner is entitled to have his previous service as Assistant Teacher counted for pension purposes and to pay protection upon joining a new government post.
Final Decision
The writ petition is allowed. The respondents are directed to count the service rendered by the petitioner from 30.01.2004 to 19.12.2016 for the purpose of qualifying service to determine his pension, grant pay protection on the basis of the last pay drawn by him, and continue the KGID, GPF, and GIS accounts in terms of his representations dated 20.02.2017 and 01.09.2017.
Law Points
- Rule 235 of Karnataka Civil Services Rules
- 1964
- Articles 226 and 227 of Constitution of India
- Pension
- Pay Protection
- Qualifying Service
Case Details
2019 LawText (KAR) (11) 20
Writ Petition No. 2056 of 2018 (S-RES)
Sri. B Vijaya Kumar (for petitioner), Smt. A R Sharadamba (AGA for R1, R2 & R4), Smt. Geetha Devi M Papanna (Advocate for R3)
State of Karnataka, The Director Department of Municipal Administration, The Commissioner Mysore City Corporation, The Accountant General (A & E) Karnataka
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Nature of Litigation
Writ petition under Articles 226 and 227 of the Constitution of India seeking direction to count previous public service for pension and grant pay protection.
Remedy Sought
Direction to respondents to count service from 30.01.2004 to 19.12.2016 for pension, grant pay protection, and continue KGID, GPF, and GIS accounts.
Filing Reason
Petitioner's previous service as Assistant Teacher was not being counted for pension and pay protection after he joined as First Division Assistant in Mysore City Corporation.
Issues
Whether the petitioner's previous service as Assistant Teacher should be counted as qualifying service for pension under Rule 235 of Karnataka Civil Services Rules, 1964.
Whether the petitioner is entitled to pay protection upon moving from one government post to another.
Submissions/Arguments
Petitioner argued that he worked as Assistant Teacher from 30.01.2004 to 19.12.2016, resigned to join as First Division Assistant in Mysore City Corporation w.e.f. 20.12.2016 after selection by KPSC, and is entitled to counting of previous service for pension and pay protection under Rule 235.
Respondents opposed the petition, but the court found Rule 235 applicable.
Ratio Decidendi
Under Rule 235 of the Karnataka Civil Services Rules, 1964, previous public service under the State Government shall count as qualifying service for pension when an employee resigns to join another government post. The court held that the petitioner's prior service as Assistant Teacher must be counted for pension and pay protection.
Judgment Excerpts
Petitioner, a First Division Assistant working in Mysore City Corporation is knocking at the doors of Writ Court seeking a direction to the second respondent – Director of Municipal Administration to count his previous public service rendered by him as Assistant Teacher in a Government School for the purpose of pension.
Learned counsel further submits that in view of Rule 235 of the Karnataka Civil Services Rules, 1964, the petitioner is entitled to have his previous service counted for pension and pay protection.
Procedural History
The petitioner filed Writ Petition No. 2056 of 2018 under Articles 226 and 227 of the Constitution of India. After service of notice, respondents appeared and resisted. The court heard arguments and delivered judgment on 18.11.2019.
Acts & Sections
- Constitution of India: Articles 226, 227
- Karnataka Civil Services Rules, 1964: Rule 235
