- 1 - HC-KAR NC: 2026:KHC:10740-DB WP No. 31241 of 2025 C/W WP No. 31352 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO. 31241/2025 (S-CAT) C/W WRIT PETITION NO. 31352/2025 (S-CAT) IN WP NO. 31241/2025 BETWEEN: DR. B T CHIDANANDA MURTHY, S/O LATE H V THIMMAIAH AGED ABOUT 74 YEARS, R/AT NO.857, 5TH MAIN 3RD CROSS, VIJAYA BANK LAYOUT, BENGALURU-76. …PETITIONER (BY SRI. SUBRAHMANYA BHAT M., ADV.) AND: 1. CENTRAL COUNCIL FOR RESEARCH IN YOGA AND NATUROPATHY REPRESENTED BY ITS DIRECTOR, 61-65, INSTITUTIONAL AREA JANAKPURI, NEW DELHI-110058. 2. UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF AYUSH ‘B’- BLOCK, GPO COMPLEX AYUSH BHAVAN, BEHIND I.N.A. MARKET, NEW DELHI-110023. Digitally signed by NANJUNDACHARI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:10740-DB WP No. 31241 of 2025 C/W WP No. 31352 of 2025 3. DIRECTOR (YOGA AND NATUROPATHY SECTION) MINISTRY OF AYUSH GOVERNMENT OF INDIA AYUSH BHAVAN B- BLOCK GPO COMPLEX, NEW DELHI-110023. 4. SECRETARY DEPARTMENT OF PENSION AND PENSIONERS WELFARE MINISTRY OF PERSONNEL PUBLIC GRIEVANCES AND PENSIONS GOVERNMENT OF INDIA LOKANAYAK BHAVAN NEW DELHI-110003. …RESPONDENTS (BY SRI. S RAJASHEKAR, SR. PANEL COUNCIL, CGC) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS PERTAINING TO THE CASE OF THE PETITIONER AND GRANT THE FOLLOWING RELIEFS; A) ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION, QUASHING THE ORDER DATED 22/11/2023 PASSED IN OA NO.429/2022 (ANNEXURE-D) ON THE FILE OF THE CAT, BANGALORE BENCH, TO THE EXTENT THE SAME RELATES TO NOT AWARDING INTEREST ON DELAYED SETTLEMENT OF PENSION, GRATUITY AND INTEREST ON THE AMOUNT OF INTEREST PAID TOWARDS GPF BENEFIT TO THE PETITIONER AND ETC. IN WP NO. 31352/2025 BETWEEN: DR. B T CHIDANANDA MURTHY, S/O LATE H V THIMMAIAH AGED ABOUT 74 YEARS, RESIDING AT NO.857, 5TH MAIN, 3RD CROSS, VIJAYA BANK LAYOUT, BENGALURU-76. ...PETITIONER (BY SRI. SUBRAHMANYA BHAT M., ADV.) - 3 - HC-KAR NC: 2026:KHC:10740-DB WP No. 31241 of 2025 C/W WP No. 31352 of 2025 AND: 1. UNION OF INDIA REP. BY ITS SECRETARY, MINISTRY OF AYUSH ’B’ BLOCK, GPO COMPLEX AYUSH BHAVAN BEHIND I N A MARKET NEW DELHI-110023. 2. DIRECTOR (YOGA AND NATUROPATHY SECTION) MINISTRY OF AYUSH GOVERNMENT OF INDIA AYUSH BHAVAN B BLOCK GPO COMPLEX NEW DELHI-110023. 3. SECRETARY DEPARTMENT OF PENSION AND PENSIONERS WELFARE MINISTRY OF PERSONNEL PUBLIC GRIEVANCES AND PENSIONS GOVERNMENT OF INDIA LOKANAYAK BHAVAN NEW DELHI-110003. ...RESPONDENTS (BY SRI. S. RAJASHEKAR, SR. PANEL COUNCIL, CGC) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT ORDER OR DIRECTION QUASHING THE ORDER DATED 22.07.2025 PASSED IN OA NO.674/2024 (ANNEXURE-D) ON THE FILE OF THE CAT BANGALORE BENCH AND ALLOW THE ABOVE OA TO MEET THE ENDS OF JUSTICE AND ETC. THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.G.PANDIT AND HON'BLE MR. JUSTICE K. V. ARAVIND - 4 - HC-KAR NC: 2026:KHC:10740-DB WP No. 31241 of 2025 C/W WP No. 31352 of 2025 ORAL ORDER (PER: HON'BLE MR. JUSTICE S.G.PANDIT) The petitioner is before this Court in the above two writ petitions on similar facts claiming almost similar relief of payment of interest on the belated settlement of retiral benefits. Hence, both the writ petitions are heard together and disposed of by this common order. 2. In W.P.No.31241/2025, the petitioner has questioned the order dated 22.11.2023 in O.A.No.429/2022 passed by the Central Administrative Tribunal, Bengaluru Bench, Bengaluru (for short, ‘CAT’) whereunder, the petitioner’s prayer for interest for the belated payment of pensionary benefits is rejected while granting other prayers. In W.P.No.31352/2025, the petitioner is before this Court questioning the order dated 22.07.2025 in OA No.674/2024 passed by the CAT whereunder the petitioner’s specific prayer for grant of - 5 - HC-KAR NC: 2026:KHC:10740-DB WP No. 31241 of 2025 C/W WP No. 31352 of 2025 interest for delayed payment of pensionary benefit from 01.11.2011 up to 18.03.2024 is rejected. 3. Heard learned counsel Sri.M.Subrahmanya Bhat for petitioner and learned Central Government Counsel Sri.S.Rajashekar for respondents in both the above writ petitions and perused the entire material on record. 4. Brief facts leading to filing of the above writ petitions are that, initially the petitioner joined the National Institute of Naturopathy on 03.01.2000. Subsequently, on his selection and appointment as Director of Central Council for Research in Yoga and Naturopathy, Ministry of Ayush, Government of India, petitioner tendered his technical resignation at National Institute of Naturopathy and joined as the Director of Central Council for Research in Yoga and Naturopathy on 05.01.2004. Subsequently, he retired from service on attaining the age of superannuation on 31.10.2011. As the past service rendered at the National Institute of - 6 - HC-KAR NC: 2026:KHC:10740-DB WP No. 31241 of 2025 C/W WP No. 31352 of 2025 Naturopathy was not taken into consideration for fixing his pension and pensionary benefits, the petitioner had approached the CAT. Initially, the CAT refused to grant any relief to the petitioner. However, in O.A.No.429/2022 by order dated 22.11.2023, the CAT passed the following direction: “a) The respondents are directed to count the past service of the applicant as Director NIN, Pune from 3.1.2000 to 4.1.2004 along with the service rendered by him with the 1" respondent (CCRYN) from 5.1.2004 to 31.10.2011 as qualifying service for the purpose of retiral benefits under the Old Pension Scheme. b) He shall also be covered under the GPF scheme and be entitled to the interest due to him on the GPF contributions made by him during his service from 5.1.2004 to 31.10.2011 as fixed under GPF rules from time to time. c) The applicant has already been granted certain pensionary benefits including lump sum gratuity and pension after taking into account the services rendered by him as Director, CCRYN from 5.1.2004 to 31.10.2011 under the Old Pension Scheme. His pensionary benefits shall be revised - 7 - HC-KAR NC: 2026:KHC:10740-DB WP No. 31241 of 2025 C/W WP No. 31352 of 2025 after taking into account his previous service rendered from 3.1.2000 to 4.1.2004 in NIN as qualifying service under the Old Pension scheme. After accounting for the benefits already paid to him under the Old Pension Scheme for the services rendered by him for the period from 5.1. 2004 to 31.10.2011, the net amount due to him shall be calculated and paid after considering the service rendered between 3.1.2000 to 31.10.20011 as qualifying service under the CCS (Pension A Rules). His due pension shall also be revised and paid suitably along with arrears due to him under rules. d) All the above payments shall be made by the respondents within a period of 12 weeks from the date of receipt of a certified copy of this order. e) In case the respondents fail to make these payments of due benefits to the applicant, beyond the specified period of 12 weeks, interest shall also be paid to the applicant on the due payments at the prevailing rate of GPF interest, for any further delay beyond the 12 weeks period. However, there shall be no order so as to costs.” 5. It is stated that the Central Council for Research in Yoga and Naturopathy by its order dated - 8 - HC-KAR NC: 2026:KHC:10740-DB WP No. 31241 of 2025 C/W WP No. 31352 of 2025 29.06.2020 accepted one time option of the petitioner to be covered under old pension scheme. However, though option under old pension scheme of the petitioner was accepted, the respondents had failed to count the past service and settle the pensionary benefits, which constrained the petitioner to approach CAT in O.A.No.429/2022. 6. Learned counsel Sri.M.Subrahmanya Bhat for petitioner would submit that the petitioner had rendered service as Director in the National Institute of Naturopathy from 2000 and from 2003 as Director of Central Council for Research in Yoga and Naturopathy till his retirement on 31.10.2011. The respondents failed to count his entire service for the purpose of pensionary benefits and made the petitioner to approach CAT as well as this Court. Learned counsel for the petitioner would submit that the petitioner was entitled for pension and pensionary benefits on his retirement and as the same were settled in the year 2024, the petitioner would be entitled for interest on the - 9 - HC-KAR NC: 2026:KHC:10740-DB WP No. 31241 of 2025 C/W WP No. 31352 of 2025 belated payment of pension and pensionary benefits. The money which the petitioner was entitled to was withheld by the respondents without there being reason. Hence, the respondents are liable to pay interest. 7. On the other hand, learned Central Government Counsel Sri.S.Rajashekar for respondents would submit that the petitioner’s entitlement for pension and pensionary benefits by counting the past service was determined only by order dated 22.11.2023 in O.A.No.429/2022 and immediately thereafter action is taken to settle the pensionary benefits. Therefore, it is submitted that the petitioner would not be entitled for interest. Further, learned Central Government Counsel would submit that the respondents have not withheld the pensionary benefits of the petitioner without there being reason and as the respondents were of the opinion that the petitioner is not entitled for counting past service, which was clarified by the CAT subsequently. Therefore, he - 10 - HC-KAR NC: 2026:KHC:10740-DB WP No. 31241 of 2025 C/W WP No. 31352 of 2025 justifies the action of the respondents. Thus, he would pray for dismissal of the writ petitions. 8. Having heard the learned counsel appearing for the parties and on perusal of the entire writ petition papers, we are of the considered opinion that the petitioner would not be entitled for interest on the belated payment of pensionary benefits by counting past service from the date of his retirement i.e., from 31.10.2011. However, the petitioner would be entitled for interest on portion of the belated payment of pensionary benefits from the date of his option for old pension scheme under the Central civil services (Pension) Rules, 1972 (for short, ‘1972 Rules’) was accepted by order dated 29.06.2020 till the payments are made by the respondent authorities, for the following reasons: The petitioner initially joined service as Director on 03.01.2000 at National Institute of Naturopathy and subsequently on submitting technical resignation on 26.12.2003, petitioner joined as Director at Central - 11 - HC-KAR NC: 2026:KHC:10740-DB WP No. 31241 of 2025 C/W WP No. 31352 of 2025 Council for Research in Yoga and Naturopathy on 05.01.2004. On 31.10.2011, on attaining the age of superannuation, petitioner retired from the service. While settling the pensionary benefits, the respondents failed to count the past service of the petitioner rendered as Director of National Institute of Naturopathy, which constrained the petitioner to approach the CAT. Though CAT initially refused to grant the relief to the petitioner, however, taking note of the acceptance of petitioner’s option for old pension scheme under 1972 Rules, the CAT directed the respondents to count his past service as Director of National Institute of Naturopathy from 03.01.2000 to 04.01.2004 along with the service rendered by him with the first respondent from 05.01.2004 to 31.10.2011 as qualifying service for the purpose of retiral benefits under the old pension scheme. Relevant finding of the CAT at paragraphs 11, 12, 15 and 16 of the order dated 22.11.2023 in O.A.No.429/2022 reads as follows: “11. However, in the present case, the applicant has now been allowed to join the old - 12 - HC-KAR NC: 2026:KHC:10740-DB WP No. 31241 of 2025 C/W WP No. 31352 of 2025 pension scheme under CCS (Pension) Rules, 1972, based on the option exercised by him vide order dated 29.06.2020. Hence, the present case is of a person who had earlier joined an organization governed by the CPF Scheme, and has subsequently, after technical resignation, joined a new organization where he is now governed by the CCS (Pension) Rules, 1972 (Old pension scheme). 12. The relevant provision governing such a situation is laid down specifically in Office Memorandum No: 28/19/84-Pension Unit dated 29.08.1984 (produced at Annexure-A19). This stipulates about the mobility of personnel between Central Government departments and autonomous bodies and counting of past service for pension. Clause-3(b)(ii) OM of 1984 provides for allowing counting of previous service rendered by an employee under CPF scheme for the purpose of qualifying service under CCS (Pension) Rules 1972, provided that the CPF contributions made by the previous employer is paid to the organization to which the employee joins after technical resignation. 13. ………… 14. ………… - 13 - HC-KAR NC: 2026:KHC:10740-DB WP No. 31241 of 2025 C/W WP No. 31352 of 2025 15. The speaking order issued by the respondents dated 30.03.2022 simply relied on OM dated 26.07.2005 and the orders issued by the Hon’ble High Court of Karnataka in W.P.No.41602/2014(S-CAT) dated 05.01.2016. However, both these orders were issued prior to the clarificatory OM dated 17.02.2020 issued by DOPT vide which the respondents have allowed the applicant to exercise his one-time option to join the Old Pension Scheme under CCS (Pension) Rules 1972. The respondents have also accepted his option to join the CCS (Pension) Rules 1972 in pursuance of OM dated 17.02.2020. 16. The above facts have been completely ignored while passing the impugned order dated 30.03.2022. The respondents, after taking into account the fact that the applicant is now covered under the old pension scheme under CCS (Pension) Rules 1972 after acceptance of his option to be covered under the Old Pension Scheme, should have considered his case under the provisions of OM of 1984 which are relevant in this case and are as follows: 3(b)(ii) An employee of an autonomous body on permanent absorption under the Central Government will have the option either to receive - 14 - HC-KAR NC: 2026:KHC:10740-DB WP No. 31241 of 2025 C/W WP No. 31352 of 2025 CPF benefits which have accrued to him from the autonomous body and start his service afresh in Government or choose to count service rendered in that body as qualifying service for pension in Government by foregoing employer’s share of Contributory Provident Fund contributions with interest thereon, which will be paid to the concerned Government Department by the autonomous body. The option shall be exercised within one year from the date of absorption. If no option is exercised within stipulated period, employee shall be deemed to have opted to receive CPF benefits. The option once exercised shall be final.” 9. When the respondents accepted the one time option of the petitioner for old pension scheme under 1972 Rules, immediately thereafter, within a reasonable time the respondents ought to have settled the pension and pensionary benefits by counting the past service rendered by the petitioner. The petitioner’s right to pension and pensionary benefits by counting his past service accrued on 29.06.2020, the date on which, it was accepted. Though the petitioner retired on 31.10.2011, to count his past service crystallized only on 29.06.2020 when his option under the 1972 Rules was accepted. Therefore, from the said date, there is delay till 2024 in settling the - 15 - HC-KAR NC: 2026:KHC:10740-DB WP No. 31241 of 2025 C/W WP No. 31352 of 2025 pensionary benefits. As the part of money which the petitioner was entitled on acceptance of his option under old pension scheme was with the respondent authorities, the petitioner would be entitled for interest from the said date. 10. For the reasons recorded above, the following: ORDER a) Order dated 22.11.2023 passed in O.A.No.429/2022 and order dated 22.07.2025 passed in O.A.No.674/2024, both passed by the Central Administrative Tribunal, Bengaluru Bench, Bengaluru are modified declaring that the petitioner would be entitled for interest on the belated payment of portion of the pensionary benefits on counting his past service from 29.06.2020, the date on which, his option was accepted under the - 16 - HC-KAR NC: 2026:KHC:10740-DB WP No. 31241 of 2025 C/W WP No. 31352 of 2025 Old Pension Scheme under 1972 Rules, till the payments are made. b) Accordingly, both the writ petitions stand disposed of Sd/- (S.G.PANDIT) JUDGE Sd/- (K. V. ARAVIND) JUDGE NC CT:bms List No.: 1 Sl No.: 20