- 1 - HC-KAR NC: 2025:KHC:19602 WP No. 22444 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 22444 OF 2023 (S-RES) BETWEEN: 1. DR R SHARANAMMA D/O SHRI. D. RUDRAIAH AGED ABOUT 56 YEARS WROKING AS ASSISTANT PROFESSOR DEPARTMENT OF STUDIES IN EDUCATION KARNATAKA STATE OPEN UNIVERSITY MYSURU, MYSURU DISTRICT R/AT NO. 127, SIDDALINGESHWARA LAYOUT, BOGADI 2ND STAGE MYSURU - 570026. 2. DR. NAGENDRA KUMAR R S/O RAJEURS M.R. AGED ABOUT 59 YEARS WORKING AS ASSISTANT PROFESSOR DEPARTMENT OF EDUCATION KARNATAKA STATE OPEN UNIVERSITY MYSURU, MYSURU DISTRICT R/AT NO. 103, 3RD CROSS SHARADADEVINAGAR, MYSURU - 570 022. 3. DR. KRISHNAPPA N S/O NARAYANAPPA N AGED ABOUT 55 YEARS WORKING AS ASSISTANT PROFESSOR DEPARTMENT OF EDUCATION KARNATAKA STATE OPEN UNIVERSITY Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19602 WP No. 22444 of 2023 MYSURU R/AT NO. 2004/1, BANK COLONY ROAD BOGADI, MYSURU - 570026. 4. DR. JANAKI M D/O MARIYAPPA AGED ABOUT 57 YEARS WORKING AS ASSISTANT PROFESSOR DEPARTMENT OF EDUCATION KARNATAKA STATE OPEN UNIVERSITY MYSURU, R/AT NO. 17, 8TH MAIN VIJAYANAGAR 3RD STAGE, D BLOCK MYSURU, MYSURU DISTRICT. 5. DR. SHYLAJA P D/O PRAMESHWAR G SHANBAGHAG AGED 60 YEARS ASSISTANT PROFESSOR DEPARTMENT OF STUDIES IN EDUCATION KARNATAKA OPEN UNIVERSITY MUKTAGANGOTRI MYSURU - 570009 R/AT NO. 905, SHRI NIKETAN OPP TO MAHAVEER JAIN HOSPITAL 9TH MAIN, 4TH STAGE, T K LAYOUT MYSURU - 570 009. …PETITIONERS (BY SRI. VIJAYA KUMAR., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY HIGHER EDUCATION DEPARTMENT M.S. BUILDING, 6TH FLOOR BENGALURU - 560 001. 2. THE KARNATAKA STATE OPEN UNIVERSITY REPRESENTED BY ITS REGISTRAR - 3 - HC-KAR NC: 2025:KHC:19602 WP No. 22444 of 2023 MUKTAGANGOTRI, MYSURU – 570009. …RESPONDENTS (BY SRI.BHOJEGOUDA T KOLLER, AGA FOR R1: SRI. T P RAJENDRA KUMAR SUNGAY., ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE CLAIM OF THE PETITIONERS, FOR INCLUSION OF THEIR SERVICE UNDER THE OLD PENSION SCHEME AND CONSIDER THE JOINT REPRESENTATION SUBMITTED BY THEM ON 08.10.2020 VIDE ANNEXURE-Q, WITHIN A TIME LIMIT TO BE STIPULATED BY THIS HONBLE COURT IN SO FAR AS THE PETITIONER CONCERNED AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. In this writ petition, the petitioners have sought for following relief/s: “(i) To issue a writ of mandamus or any other appropriate writ or order directing the Respondents to consider the claim of the Petitioners, for inclusion of their service under the Old Pension Scheme and consider the joint representation submitted by them on 08.10.2020 (vide Annexure-Q), within a time - 4 - HC-KAR NC: 2025:KHC:19602 WP No. 22444 of 2023 limit to be stipulated by this Hon’ble Court; and in so for as petitioners are concerned. (ii) To pass such other order as this Hon’ble Court deems fit in the facts and circumstances of the case.” 2. The petitioners were initially appointed as temporary teachers in the Mysuru University by issuing notification through paper publication, by a selection process conducted between 20.10.1995 to 06.12.2000. Their services were subsequently regularized by the respondent No.2 by order dated 10.05.2013. Thereafter, the petitioners submitted a representation dated 08.10.2020 vide Annexure-Q requesting the respondents to consider their claim for inclusion under the Old Pension Scheme as they had been appointed before 01.04.2006. 3. Learned counsel for the petitioners relied upon the judgment of this Court in W.P.No.32866/2017 connected with W.P.No.9774/2016, 13498/2021, disposed of on 28.08.2023, whereby the petitioners, who were appointed before 2006 and whose services were regularized after - 5 - HC-KAR NC: 2025:KHC:19602 WP No. 22444 of 2023 01.04.2006, were considered under the old pension scheme. He also relied upon the judgment of this Court in W.P.No.24385/2013 and connected matters disposed of on 28.11.2019. Hence, he sought for allowing the writ petition. 4. Learned counsel for respondent No.2 submits that if this Court grants some reasonable time, the representation submitted by the petitioners vide Annexure-Q dated 08.10.2020 will be considered, in accordance with law. 5. In view of the above, without expressing any opinion on the merits of the case, the writ petition is disposed of. 6. Respondent No.2 is directed to consider the representation of the petitioners dated 08.10.2020 vide Annexure-Q, in accordance with law, keeping in view of the judgment of this Court in W.P.No.32866/2017 connected with W.P.No.9774/2016, 13498/2021, as - 6 - HC-KAR NC: 2025:KHC:19602 WP No. 22444 of 2023 expeditiously as possible, not later than two months from the date of receipt of certified copy of this order. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA LIST NO.: 1 SL NO.: 31