Allowed

Sri B Jayarama Bhat v. State of Karnataka

Karnataka HC13 Sept 2024WP/14015/2024

Case brief

AI extract

What is this about?

A three-judge bench directed the Registrar of Kuvempu University to consider representations from three retired professors for settlement of retirement benefits and fixation of pension. The court ruled that respondents must process these requests based on a coordinate bench's holding that superannuation age is 62 years, irrespective of pending full bench proceedings on this issue.

What did the court decide?

Directing the Registrar to consider and forward representations within one month and respondent Nos. 1 and 2 to sanction provisional pension treating age of superannuation as 62 years and release reti

Sri B Jayarama Bhat Vs State of Karnataka — Pension and Retirement Benefits | Karnataka HC (2024)

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1 - NC: 2024:KHC:39639 WP No. 14015 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 13^TH DAY OF SEPTEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE R. NATARAJ WRIT PETITION NO.14015 OF 2024 (S-R)

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BETWEEN:

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SRI B JAYARAMA BHAT S/O LATE B. PADMANABHA SHARMA AGED ABOUT 64 YEARS WORKING AS PROFESSOR ECONOMICS, O/O KUVEMPU UNIVERSITY, JNANA SAHYADRI SHANKARAGHATTA, SHIMOGA - 577451, R/A. 9, JAYANTHI MALNAD GARDEN LAYOUT, MALLIGENAHALLI SAGAR ROAD, SHIVAMOGGA - 577205.

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Digitally signed by MARKONAHALLI RAMU PRIYA Location: HIGH COURT OF KARNATAKA

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SRI M B SHIVANNA, S/O M J BYRAPPA, AGED ABOUT 61 YEARS, WORKING AS PROFESSOR, O./O KUVEMPU UNIVERSITY, JANANA SAHYADRI SHANKARAGHATTA, SHIMOGA - 577451, R/A. 10, PEACE COTTAGE SHANTHINAGAR, B R PROJECT BHADRAVATHI TALUK, SHIVAMOGA - 577115.

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SRI J KESHAVAYYA, S/O LATE J KRISHNA BHAT, AGED ABOUT 64 YEARS, WORKING AS PROFESSOR CHEMISTRY, O/O KUVEMPU UNIVERSITY, JNANA SAHYADRI SHANKARGHATTA SHIMOGA - 577457, R/A 50, D-BLOCK, 2^ND MAIN ROAD,

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NC: 2024:KHC:39639 WP No. 14015 of 2024

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GOPALA GOWDA EXTENSION, SHIVAMOGGA - 577 205.

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…PETITIONERS

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(BY SRI V. LAKSHMINARAYANA, SENIOR COUNSEL FOR SRI VIKRAM BALAJI B.L., ADVOCATE)

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AND:

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STATE OF KARNATAKA

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REPRESENTED BY PRINCIPAL SECRETARY, HIGHER EDUCATION DEPARTMENT, M S BUILDING, DR AMBEDKAR ROAD, AMBEDKAR VEEDHI, BENGALURU KARNATAKA - 560001.

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PRINCIPAL ACCOUNTANT GENERAL (A AND E) OFFICE OF PAG, KARNATAKA, PARK HOUSE ROAD, POST BOX NO. 5329, BENGALURU - 560001, [email protected].

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COMMISSIONER, DEPARTMENT OF COLLEGIATE EDUCATION, GOVERNMENT OF KARNATAKA,

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1, PALACE ROAD AMBEDKAR VEEDHI, BENGALURU, KARNATAKA - 560 001.

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DIRECTOR, DEPARTMENT OF COLLEGIATE EDUCATION, GOVERNMENT OF KARNATAKA

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1, PALACE ROAD AMBEDKAR VEEDHI, SAMPANGI RAMA NAGARA, BENGALURU, KARNATAKA - 560 001.

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NC: 2024:KHC:39639 WP No. 14015 of 2024

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THE REGISTRAR, KUVEMPU UNIVERSITY, JNANA SAHYADRI, SHANKARAGHATTA SHIMOGA - 577451.

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…RESPONDENTS

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(BY SRI PRINCE ISSAC, AGA R1 TO R4, SRI T.P. RAJENDRA KUMAR SUNGAY, ADVOCATE FOR R5)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT UNIVERSITY TO PAY RETIREMENT BENEFITS, CONSIDERING THE APPLICATION DATED 10-032024 OF THREE PETITIONERS FOR SETTLEMENT OF RETIREMENT BENEFITS AND FIXATION OF PENSION, WHICH WOULD BE SUBJECT TO THE RESULT OF THE REFERENCE PENDING BEFORE THE HON'BLE FULL BENCH IN WRIT APPEAL IN WA NO.311/2023.

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THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE R. NATARAJ

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ORAL ORDER

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The petitioners have sought for a direction to respondent No.5 to consider representations dated 28.03.2024, 29.04.2024 and 24.04.2024 for settlement of retirement benefits and fixation of pension, subject to the result of the reference pending before the Hon'ble Full Bench of this Court in W.A No.311/2023.

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NC: 2024:KHC:39639 WP No. 14015 of 2024

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(i) The petitioner contends that they have all retired from service as professors at respondent No.5. They had approached this Court in W.P No.13047/2021, for extension of their age of superannuation as per the UGC regulations. In the said writ petition, this Court passed an interim order directing the respondents not to relieve the petitioners from service, which was subject to result of the writ petition. The writ petition was disposed off in terms of an order dated 17.02.2023 by which it was held that the age of superannuation of teachers in respondent No.5 is 62 years and not 65 years as per the UGC Regulations. (ii) Being aggrieved by the same, the petitioners have filed W.A No.311/2023, which is now referred to Full Bench of this Court. The petitioners have filed representations dated 28.03.2024, 29.04.2024 and 24.04.2024 respectively, requesting the respondents to settle their retirement benefits pending disposal of W.A No.311/2023.

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The learned Senior counsel for the petitioners contend that the issue regarding the extension of age of superannuation of the petitioners as per the UGC Regulations is pending consideration before the Full Bench as stated above.

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5 - NC: 2024:KHC:39639 WP No. 14015 of 2024

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Therefore, the respondents are bound to settle the retirement benefits as well as the pension. The leaned Senior counsel submitted that representations in that regard are filed, but the same are not considered and therefore, suitable directions be issued to respondent No.5 to process the papers of the petitioner for determination of retirement benefits and also fixation of pension etc.

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Learned counsel for respondent No.5 submits that if the petitioners have submitted representations seeking for retirement benefits and pension, the same would be considered in accordance with law and forwarded to respondent Nos.1 and 2. He fairly submitted that the issue regarding the extension of age of superannuation is pending consideration in W.A No.311/2023.

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Since Co-ordinate Bench of this Court in W.P No.13047/2021 had held that age of superannuation of teacher in respondent No.2 is 62 years and not 65 years as per the UGC Regulation, the respondent No.5 is bound to process the request of the petitioners for settlement of retirement benefits and pension in accordance with law, without awaiting the

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6 - NC: 2024:KHC:39639 WP No. 14015 of 2024

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orders that may be passed in W.A No.311/2023. It is needless to mention that, in case the petitioners succeed in writ appeal mentioned above, further orders may be passed regarding the retirement benefits and pension that may be payable then.

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In that view of the matter, this writ petition is allowed . The respondent No.5 is directed to consider the representations of the petitioners dated 28.03.2024, 29.04.2024 and 24.04.2024 respectively and forward it to respondent Nos.1 and 2 within a period of one month from the date of receipt of a certified copy of this order.

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Respondent Nos.1 and 2 shall pass appropriate orders for sanction and release of the retirement benefits within a period of eight weeks thereafter. They shall also sanction provisional pension payable to the petitioners by treating their age of superannuation as 62 years and a final pension shall be sanctioned after disposal of W.A No.311/2023.

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Sd/(R. NATARAJ) JUDGE

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THM

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List No.: 1 Sl No.: 15

Sri B Jayarama Bhat v. State of Karnataka

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Sri B Jayarama Bhat v. State of Karnataka

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