Dr. G M Kalleshwarappa @ G M K Eshwar Vs State of Karnataka

DR. G M KALLESHWARAPPA @ G M K ESHWAR S/O LATE G.B. MAHADEVAPPA, AGED ABOUT 67 YEARS, C/O SRI. C.V. KALSAD RTD IAS, NO.3/20, MANDI APARTMENT, 1^ST CROSS, SULTAN PALYA, R.T.NAGAR, BANGALORE-560032

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…PETITIONER

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(BY SRI. BELLE R., ADVOCATE)

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Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA

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AND:

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STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF ANIMAL HUSBANDRY AND VETERINATY SERVICES, VIKASA SOUDHA, DR.B.R.AMBEDKAR VEEDHI, BENGALURU-560001

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PRINCIPAL SECRETARY TO GOVERNMENT FINANCE DEPARTMENT, 2^ND FLOOR, VIKASA SOUDHA, DR.B.R.AMBEDKAR VEEDHI, BENGLAURU-560001

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HC-KAR

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THE KARNATAKA VETERINARY, ANIMAL AND FISHERIES SCIENCE UNIVERSITY REPRESENTED BY ITS REGISTRAR, NANDINAGAR, POST BOX NO.6, BIDAR-585401

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THE COMMISSIONER ANIMAL HUSBANDRY AND VETERINARY SERVICE, PASHUPALANA BHAVANA, HEBBAL,

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BENGALURU-560024

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PENSION FUND REGULATORY AND DEVELOPMENT AUTHORITY REPRESENTED BY ITS CHAIRMAN, 1^ST FLOOR, ICADR BUILDING, PLOT NO.6, PHASE-II, VASANTH KUNJ INSTITUTIONAL AREA, NEW DELHI-110070

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…RESPONDENTS

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(BY SMT. B.P. RADHA, AGA FOR R1, R2 & R4 SRI. VAISHALI HEGDE, ADVOCATE FOR R3 R5 SERVED)

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

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i) DIRECT DECLARING THAT THE ORDER DT. 30/12/2015 BEARING NO. C/NPS/PAY BILL/2015-16 (ANNEXURE-A) IS NOT APPLICABLE TO THE PETITIONER.

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ii) DIRECTION DECLARING THAT THE PETITIONERS SERVICE IS A CONTINUOUS ONE FROM 1983 AND HE COMES UNDER THE OLD PENSION SCHEME.

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iii) DIRECTION DECLARING THAT THE CHAPTER VII OF THE STATUTE DOES NOT APPLY TO

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HC-KAR

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THE PETITIONER AS THE SERVICE OF THE PETITIONER IS A CONTINUOUS ONE.

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iv) DIRECTION TO THE RESPONDENTS TO SETTLE THE PETITIONERS PENSION FROM THE TIME OF RETIREMENT DT. 31/07/2019 (ANNEXURE-N).

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI

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ORAL ORDER

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Petitioner has filed this writ petition seeking the

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following reliefs:

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i) To declare that the order dated 30/12/2015 bearing No.C/NPS/Pay Bill/2015-16 (Annexure-A) is not applicable to the petitioner.

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ii) To declare that the petitioner's service is a continuous one from 1983 and he comes under the Old Pension Scheme.

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iii) To declare that the chapter VII of the Statute does not apply to the petitioner as the service of the petitioner is a continuous one.

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iv) To issue direction to the respondents to settle the petitioner's pension from the time of retirement dated 31.07.2019 (Annexure 'N').

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NC: 2025:KHC:39637 WP No. 28907 of 2023

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HC-KAR

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Brief facts leading rise to the filing of this petition are as follows :

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The petitioner was appointed as a Veterinary Officer on 31.03.1983. He was promoted as an Assistant Director on 01.01.2004. The petitioner was on deputation to the respondent University from 01.08.2005 to 30.07.2011. On 01.04.2006, the New Pension Scheme was implemented throughout the country. The petitioner was appointed as an Associate Professor in the respondent University on 18.01.2012. The respondent University issued a Circular to implement the New Pension Scheme vide Circular dated 30.12.2015. The petitioner attained the age of superannuation on 31.07.2019. It is stated that similarly placed persons filed a writ petition in W.P. No.113 of 2017 and connected matters. The said writ petition came to be disposed of vide order dated 25.07.2023 vide Annexure 'L'.

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HC-KAR

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The petitioner, claiming the same reliefs, has filed this petition.

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Heard the arguments of the learned counsel for the petitioner and the learned counsel for respondent No.3 and learned Additional Government Advocate for respondent-State.

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Learned counsel for respondent No.3 submits that the petitioner has not submitted any application/representation and without a representation, the petitioner cannot maintain a writ petition. She also submits that in case if the petitioner submits a representation, respondent No.3 would consider the same and pass appropriate order.

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Learned counsel for the petitioner submits that liberty be reserved to the petitioner to make a representation to respondent No.3 and direction may be issued to respondent No.3 to consider the representation in terms of the order passed by a Co-

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NC: 2025:KHC:39637 WP No. 28907 of 2023

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HC-KAR

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ordinate Bench of this Court in W.P. No.113 of 2017

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and connected matters dated 25.07.2023.

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Perused the records and considered the submissions of the learned counsel for the parties.

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The petitioner had attained the age of superannuation on 31.07.2019. When he was in service, similarly placed persons approached this Court in W.P. No.113 of 2017 and connected matters. A Co-ordinate Bench of this Court vide order dated 25.07.2023 disposed of the writ petition, directing the respondents to consider the representation, following the Office Memorandum dated 12.07.2007.

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Admittedly, the petitioner also stands on the same footing. Hence, the petitioner is also entitled to submit a representation to the respondents within fifteen days from today. If such representation is made, the respondents are directed to consider the

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