K KRISHNAMURTHY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioners who are retired employees of second respondent university are before this Court seeking for issuance of a writ of mandamus directing the 1st respondent to revise their pension on the basis of the scale of pay drawn by them at the age of 58 years by giving effect to Government Order dated 17. 9. 1984 bearing No. DPAR 18 SDE 84 vide Annexure -D, urging various legal contentions.

(2.) THE petitioners 1 to 5 joined the first respondent-Department on 22. 9. 1954, 16. 3. 1955, 16. 3. 1955, 1. 4. 1954 and 1. 4. 1954 respectively in the Government Department of Agriculture, horticulture, Animal Husbandry and Veterinary Services and retired from their respective services, on attaining the age of superannuation on 22. 2. 1992, 31. 10. 1988, 31. 8. 1988, 30. 4. 1988 and on 29. 2. 1988 respectively.

(3.) THE University of Agricultural Sciences, Bangalore (in short ?the UAS?) was formed on 1. 10. 1965 under the University of agricultural Sciences Act, 1963 (in short ?the UAS Act? ). One veterinary College and some Agricultural Research Stations were established in the State. Under Section 7 (2) of the Act, persons who were working in the said research stations and colleges were transferred from the State Government to UAS vide Government order dated 29. 9. 1965. As the said employees were transferred from the State Departments such as Dept. of Agriculture, Animal husbandry and Veterinary Services their service conditions were protected in the recognised Karnataka State under Karnataka Civil service Rules and under Section 115 of the States Reorganization act, 1956. Consequently, the same conditions of service continued even after their transfer to UAS.