Vittal S/O Hanamappa Pujer Vs the Principal… — Writ and Judicial Review | Karnataka HC (2025)

Vittal S/O Hanamappa Pujer Vs the Principal… — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Direction to the respondent-State to consider the petitioners' representations and pass necessary orders thereon in accordance with law at any rate within 12 weeks from the date of receipt of a copy of the order, if not already considered and passed as on date.

Issue for consideration

Whether the petitioners, appointed in 2005 as Primary School Assistant Teachers (now Principals) who came from other Government Departments through proper channel, are entitled to the benefit of the old pension scheme in terms of the Government notification/order extending that scheme to new appointees from other Government Departments. +1 more

Ratio / Principle

On the learned HCGP's submission that reasonable time would suffice for consideration, the Court disposed of the petitions with a direction to the respondent-State to consider the representations of the petitioners and pass necessary orders thereon in accordance with law at any rate within 12 weeks from the date of receipt of a copy of the order, if not already considered and passed as on date. The entitlement question itself was not adjudicated on merits.

Detailed headnote1 paragraphs

Writ Petitions (Articles 226 and 227, Constitution of India) - Old Pension Scheme - Petitioners, Principals of Morarji Desai and Kittur Rani Channamma Residential Schools, were appointed in 2005 as Primary School Assistant Teachers, having come from other Government Departments through proper channel pursuant to a State-conducted examination; a Government Notification directed all Government Departments to continue the old pension scheme for new appointees coming from other Government Departments, but the petitioners were denied that benefit - Representations dated May 2018 (Annexures E, E1, E2) seeking the old pension scheme remained unconsidered - Learned HCGP submitted that, if reasonable time were granted, the representations would merit consideration and appropriate orders would be passed - Held: disposing of the petitions, the respondent-State is directed to consider the representations of the petitioners and pass necessary orders thereon in accordance with law at any rate within 12 weeks from the date of receipt of a copy of the order, if not already considered and passed as on date; entitlement not adjudicated on merits.

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HC-KAR

IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 1^ST DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 100654 OF 2019 (S-RES)

C/W WRIT PETITION NO. 100655 OF 2019 WRIT PETITION NO. 100656 OF 2019 WRIT PETITION NO. 100657 OF 2019 WRIT PETITION NO. 100658 OF 2019

IN W.P.NO.100654/2019 BETWEEN:

IRANNA S/O. MALAKAJI MUNAVALLI AGE: 35 YEARS, OCC: PRINCIPAL, MORARJI DESAI RESIDENTIAL SCHOOL (BC 208), VAKKUNDA, TQ: BAILHONGAL, DIST: BELAGAVI.

…PETITIONER

(BY SRI. K. S. PATIL, ADVOCATE)

AND:

VISHAL NINGAPPA PATTIHAL

Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka Dharwad Bench

THE PRINCIPAL SECRETARY GOVERNMENT OF KARNATAKA, VIDHANA SOUDHA, AMBEDKAR VEEDHI, BENGLAURU-01.

DEPARTMENT OF SOCIAL WELFARE, REPRESENTED BY ITS PRINCIPAL SECRETARY, VIDHANA SOUDHA, AMBEDKAR VEEDHI, BENGLAURU-01.

THE KARNATNAKA RESIDENTIAL EDUCATIONAL INSTITUTIONS SOCIETY, REPRESENTED BY EXECUTIVE DIRECTOR,

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NO.8, B-1, 6^TH AND 7^TH FLOOR, CUNNINGHAM ROAD, BENGALURU-560052.

…RESPONDENTS

(BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1; R2-SERVED AND UNRPRESENTED; SRI. SUNIL S. DESAI, ADVOCATE FOR R3)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO:

A) ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO 1 TO 3 TO CONSIDER THE REPRESENTATION DATED 2/5/2018 PRODUCED AT VIDE ANNEXURE E & E2 AND GRANT THE BENEFIT OF OLD PENSION SCHEME TO THE PETITIONER IN ENDS OF JUSTICE.

B) GRANT ANY OTHER RELIEFS AND DEEMED FIT AND PROPER IN THE CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE.

IN W.P.NO.100655/2019 BETWEEN:

KUMAR HANUMANTHAPPA JOGAR AGE: 36 YEARS, OCC: PRINCIPAL, KITTURY RANI CHANNAMMA RESIDENTIAL SCHOOL, AKKI ALUR, HANAGAL, TQ: HANAGAL, DIST: HAVERI.

…PETITIONER

(BY SRI. K. S. PATIL, ADVOCATE)

AND:

THE PRINCIPAL SECRETARY GOVERNMENT OF KARNATAKA, DEPARTMENT OF EDUCATION, VIDHAN SOUDA, AMBEDKAR VEEDHI, BENGLAURU-01.

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HC-KAR

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THE STATE OF KARNATAKA, DEPARTMENT OF SOCIAL WELFARE, REPRESENTED BY ITS PRINCIPAL SECRETARY, VIDHANA SOUDHA, AMBEDKAR VEEDHI, BENGLAURU-01.

THE KARNATNAKA RESIDENTIAL EDUCATIONAL INSTITUTIONS SOCIETY, REPRESENTED BY EXECUTIVE DIRECTOR, NO.8, B-1, 6^TH AND 7^TH FLOOR, CUNNINGHAM ROAD, BENGALURU-560052.

…RESPONDENTS

(BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1; R2 SERVED; SRI. SUNIL S. DESAI, ADVOCATE FOR R3)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO. 1 TO 3 TO CONSIDER THE REPRESENTATION DATED 04.05.2018 PRODUCED AT VIDE ANNEXURE E AND E1 AND GRANT THE BENEFIT OLD PENSION SCHEME TO THE PETITIONER IN ENDS OF JUSTICE.

IN W.P.NO.100656/2019 BETWEEN:

RANGANATH.K. AGE: 46 YEARS, OCC: PRINCIPAL, KITTUR RANI CHANNAMMA RESIDENTIAL SCHOOL, HIREKERUR, TQ: HIREKERUR, DIST: HAVERI. (BY SRI. K. S. PATIL, ADVOCATE)

…PETITIONER

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AND:

THE PRINCIPAL SECRETARY GOVERNMENT OF KARNATAKA, VIDHANA SOUDHA, AMBEDKAR VEEDHI, BENGLAURU-01.

DEPARTMENT OF SOCIAL WELFARE REPRESENTED BY ITS PRINCIPAL SECRETARY, VIDHANA SOUDHA, AMBEDKAR VEEDHI, BENGLAURU-01.

THE KARNATNAKA RESIDENTIAL EDUCATIONAL INSTITUTIONS SOCIETY, REPRESENTED BY EXECUTIVE DIRECTOR, NO.8, B-1, 6^TH AND 7^TH FLOOR, CUNNINGHAM ROAD, BENGALURU-560052.

…RESPONDENTS

(BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1; R2 AND R3 ARE SERVED)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO 1 TO 3 TO CONSIDER THE REPRESENTATION DATED 8/5/2018 PRODUCED AT VIDE ANNEXURE E AND GRANT THE BENEFIT OF OLD PENSION SCHEME TO THE PETITIONER IN ENDS OF JUSTICE.

IN W.P.NO.100657/2019 BETWEEN:

VITTAL S/O. HANAMAPPA PUJER, AGE: 40 YEARS, OCC: PRINCIPAL, KITTUR RANI CHANNAMMA RESIDENTIAL SCHOOL (SC), SALAHALLI, TQ: RAMADURGA, DIST: BELAGAVI. …PETITIONER (BY SRI. K. S. PATIL, ADVOCATE)

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AND:

THE PRINCIPAL SECRETARY GOVERNMENT OF KARNATAKA, DEPARTMENT OF EDUCATION, VIDHANA SOUDHA, AMBEDKAR VEEDHI, BENGLAURU-01.

THE STATE OF KARNATAKA DEPARTMENT OF SOCIAL WELFARE, REPRESENTED BY ITS PRINCIPAL SECRETARY, VIDHANA SOUDHA, AMBEDKAR VEEDHI, BENGLAURU-01.

THE KARNATNAKA RESIDENTIAL EDUCATIONAL INSTITUTIONS SOCIETY, REPRESENTED BY EXECUTIVE DIRECTOR, NO.8, B-1, 6^TH AND 7^TH FLOOR, CUNNINGHAM ROAD, BENGALURU-560052.

…RESPONDENTS

(BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1; R2-SERVED; SRI. SUNIL S. DESAI, ADVOCATE FOR R3)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO 1 TO 3 TO CONSIDER THE REPRESENTATION DATED 2/5/2018, PRODUCED AT VIDE ANNEXURE E & E1 AND GRANT THE BENEFIT OF OLD PENSION SCHEME TO THE PETITIONER IN ENDS OF JUSTICE.

IN W.P.NO.100658/2019 BETWEEN:

MANJUNATH S/O SHIVALINGAPPA MARITAMMANAVAR AGE: 40 YEARS, OCC: PRINCIPAL, MORAJI DESAI RESIDENTIAL SCHOOL

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(294 BCL) YALAVATTI (BOMMANAHALLI TQ. HANAGAL, DIST. HAVERI.

…PETITIONER

(BY SRI. K. S. PATIL, ADVOCATE)

AND:

THE PRINCIPAL SECRETARY GOVERNMENT OF KARNATAKA, DEPARTMENT OF EDUCATION, VIDHANA SOUDHA, AMBEDKAR VEEDHI, BENGLAURU-01.

THE STATE OF KARNATAKA DEPARTMENT OF SOCIAL WELFARE, REPRESENTED BY ITS PRINCIPAL SECRETARY, VIDHANA SOUDHA, AMBEDKAR VEEDHI, BENGLAURU-01.

THE KARNATNAKA RESIDENTIAL EDUCATIONAL INSTITUTIONS SOCIETY, REPRESENTED BY EXECUTIVE DIRECTOR, NO.8, B-1, 6^TH AND 7^TH FLOOR, CUNNINGHAM ROAD, BENGALURU-560052.

…RESPONDENTS

(BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1; R2-SERVED; SRI. SUNIL S. DESAI, ADVOCATE FOR R3)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO 1 TO 3 TO CONSIDER THE REPRESENTATION DATED 2/5/2018, PRODUCED AT VIDE ANNEXURE E & E1 AND GRANT THE BENEFIT OF OLD PENSION SCHEME TO THE PETITIONER IN ENDS OF JUSTICE.

THESE WRIT PETITIONS, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)

The petitioners in all these cases project a common grievance, which is consideration of their representations.

The petitioners were appointed in the year 2005 as Primary School Assistant Teacher and have joined the services. Prior to the appointment of these petitioners, the petitioners were working in different institutions and were appointed pursuant to an examination conducted by the State. The respondents then issue a Notification directing all Government Departments to continue the old pension scheme in respect of new appointments coming from other Government Departments. The same benefit is not given to the petitioners notwithstanding the fact that they did come from other Government Departments through proper channel. In that light, the petitioners have submitted representations to the respondents to get the benefit of old pension scheme in terms of the Government Order so passed directing that all the petitioners who have come from other Government Departments would be entitled to the old pension scheme. In the light of the non-consideration of the

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representations, the petitioners are now at the doors of this Court in the subject petitions.

The learned HCGP would submit that if reasonable time is granted, the representations of these petitioners would merit consideration and appropriate orders would be passed thereon.

In the light of the said submission, I deem it appropriate to dispose these petitions with a direction to the respondent-State to consider the representations of these petitioners and pass necessary orders thereon in accordance with law at any rate within 12 weeks from the date of receipt of the copy of the order, if not already considered and passed as on date.

Ordered accordingly.

Sd/(M.NAGAPRASANNA) JUDGE

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