SHIDDABASANNAGOUDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner was initially an employee of the Government of the then Mysore State in the Department of Agriculture. He was appointed as lecturer in Agricultural Economics at the Agricultural College at Dharwar by the Government in the year 1960 It will he useful to state that at that point of time the two colleges of the state were run by the Government and the colleges were affiliated to one or the other University which had jurisdiction over them However in 1965, the University of Agricultural Sciences was established under the provisions of University of Agricultural Sciences Act 1963 (hereinafter referred to as the UAS Act). As a cor.sequence, the two agricultural Colleges stood transferred to the new University together with the staff, who opted to serve the University. Petitioner was one such.

(2.) While transferring the staff, the Goversment made provisions for their service conditions which did not give any particular advantage to the transferred employees. There appears to be a series of orders passed in respect of service conditions for the transferred employees finally resulting in the order bearing No. AF 209 AUM 71 dated 29-30/1/1976.

(3.) Petitioner was permitted to retire at the ate of 53 years earlier than the age of super annuation prescribed for Government Servants and has drawn his pension from the Government on that basis However, he continued in the services of the University until he attained the age of 60 years when he was superannuated by the University. For the period he served the University after the first retirement, he was entitled to the benefits offerrcd by the University by way of Provident Fund Scheme. Petitioner in this case completed 30 years of qualifying service even when be was less than 53 years old and in that position he availed of his right under the Karnataka Civil Services Rules to voluntarily retire from the service of the Government. He exercised that right and was permitted to retire voluntarily from 1.11.1966, but thereafter continued in the services of the University. In the meanwhile, he was appointed as an Assistant Professor under the statutes of the University. In any event, his service from the date of his voluntary retirement was continuous in the University till he attained the age of 60 years and retired on 13.2.1974. On his voluntary retirement, he was entitled to pension which he drew from the Government of Karnataka. That pension came to be revised by the order of 1976, but was not extended to the petitioner. He continued to draw the pension on the basis of the pay last drawn by him before he was permitted to voluntarily retire. Thereafter, he made contributions in accordance with the provisions made in that behalf to the Provident Fund of the University. On finally retiring in 1974, he has drawn that Provident Fund.