GUNDAPPA Vs. PRI. SEC. HIGHER EDUCATION

JUDGEMENT

(1.) The petitioner was appointed as a Lecturer in a Government Aided Arts and Commerce College, Mudalagi on 25/9/1989, and his probationary period was declared as satisfactory on 1/10/1992. After completing 23 years of service, the petitioner submitted an application with the third respondent to appoint him as an Associate Professor. On considering his application, the petitioner was appointed as an Associate Professor in Kannada Department on 10/4/2012. The petitioner attained the age of superannuation on 28/4/2014. Thereafter, the petitioner submitted an application dtd. 2/12/2014 with the first respondent to consider the prior service rendered by him in the Government Aided College for the purpose of pension.

(2.) The first respondent rejected the application submitted by the petitioner stating that the prior services rendered by him in an aided institution cannot be considered for fixing the pension against which he petitioner filed a writ petition in W.P. No.104477/2015. This Court, by order dtd. 8/3/2021 quashed the endorsement rejecting the application submitted by the petitioner, and directed the first respondent to reconsider the claim of the petitioner for counting of his qualifying service for the purpose of fixing pension by taking into consideration the prior services rendered by him in the aided institution, strictly in accordance with the Rules.

(3.) Thereafter, the first respondent has issued the impugned endorsement dtd. 3/8/2021 rejecting the claim of the petitioner stating that the petitioner was appointed in the third respondent University after 1/4/2006 and in view of the amended rule i.e., Rule 2-C. of the Karnataka Civil Services Rules (for short, 'the Rules'), the petitioner is not entitled for counting of his services rendered in Government Aided College, against which the present petition is filed.