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2026 DAILYLAW 843 (KAR)

STATE OF KARNATAKA v. R M MARISWAMY

WA/1879/2024 · 2026-03-06

D K Singh, T M Nadaf

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:13842-DB WA No. 1879 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF MARCH, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT APPEAL NO. 1879 OF 2024 (S-RES) BETWEEN: 1. STATE OF KARNATAKA REP. BY ITS SECRETARY, DEPARTMENT OF EDUCATION, (PRE-UNIVERSITY), M.S BUILDING, BENGALURU-560001. 2. THE KARNATAKA PRE-UNIVERSITY BOARD, REP. BY ITS DIRECTOR, 18TH CROSS, MALLESWARAM, BENGALURU -560003. …APPELLANTS (BY SRI. MOHAMMAD JAFFAR SHAH, AGA) AND: 1. R M MARISWAMY S/O LATE R.M MADAIAH, AGED ABOUT 55 YEARS, WORKING AS MANAGER KSFC, MANDYA-571401. 2. THE PRE-UNIVERSITY COLLEGE OF ARTS AND SCIENCE, MURNAD, MADIKERE TALUK, KODAGU DISTRICT -571252. REP. BY ITS PRESIDENT. …RESPONDENTS (BY SRI. RANGANATHA S JOIS., ADVOCATE FOR C/R1; R2 IS SERVED AND UNREPRESENTED) Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:13842-DB WA No. 1879 of 2024 THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO CALL FOR RECORDS AND ALLOW THE WA BY SETTING ASIDE THE ORDER DATED 22.03.2024 PASSED BY THE HON'BLE LEARNED SINGLE JUDGE IN WP No-3197/2017 (S-RES). THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE T.M.NADAF ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) On the previous date of hearing of this appeal, no one has put in appearance. Even today, there is no representation on behalf of the respondents. 2. The present intra Court appeal has been filed impugning the judgment and order dated 22.03.2024 passed by the learned Single Judge in W.P.No.3197/2017 (S-RES) filed by the respondent No.1 herein. 3. The parties are referred to as per their ranking before the writ Court, for the sake of convenience. 4. The petitioner was working as a Lecturer in a Junior Government aided College from the year 1985 till 1997. - 3 - HC-KAR NC: 2026:KHC:13842-DB WA No. 1879 of 2024 The petitioner had rendered 11 years, 9 months and 21 days service as a lecturer in Junior Government aided College. The petitioner had resigned from the post of Lecturer and assumed the position of Deputy Manager at Karnataka State Financial Corporation, a State Government undertaking. The petitioner sought a direction from the writ Court to the respondents to compute 11 years 9 months 21 days, time spent as a lecturer in Junior Government aided College for the purposes of pension etc. However, his request came to be rejected vide endorsement dated 23.08.2016. 5. The learned Single Judge considering the scope of Rule 235A of the Karnataka Civil Service Rules directed the respondents to consider the case of the petitioner on his representation for payment of gratuity, provident fund and pension benefit. 6. Sri. Mohammad Jaffar Shah, learned AGA appearing for the appellants submits that the Karnataka State Financial Corporation does not give pension to its - 4 - HC-KAR NC: 2026:KHC:13842-DB WA No. 1879 of 2024 employees for the services rendered in the Corporation, since it not a pensionable service. Therefore, there is no question of giving pension to the petitioner. 7. We note that the learned Single Judge has only directed the respondents to consider the representation of the petitioner for payment of gratuity, provident fund and pension benefits etc., but there is no positive direction to grant him pension. 8. It is further submitted that the Karnataka Civil Service Rules, 1959, apply only to the civil servants, i.e., the employees of the State Government. The Karnataka State Financial Corporation is an independent entity registered under the Companies Act and the employees of the said Financial Corporation are not the employees of the State Government. Therefore, the provision of Rule 235A of the Karnataka Civil Service Rules would not be applicable in the case of employees of the Financial Corporation. - 5 - HC-KAR NC: 2026:KHC:13842-DB WA No. 1879 of 2024 9. Considering the aforesaid fact that the learned Single Judge has only directed the respondents to consider the representation of the petitioner for grant of gratuity provident fund and pension benefits etc., we do not find any ground to interfere with the impugned judgment and order. Accordingly, the appeal is disposed of. 10. It would be open to the appellants herein to consider the case of the 1st respondent, and decide the representation in accordance with law, expeditiously, preferably, within a period of two months from today. 11. In view of the appeal having been disposed of, pending interim applications, if any do not survive for consideration, hence stand disposed of. Sd/- (D K SINGH) JUDGE Sd/- (T.M.NADAF) JUDGE NG CT:SN List No.: 1 Sl No.: 8