Karnataka High Court orders government to pay pension to retired professor after two-year delay

The High Court of Karnataka has ordered the State government to pay pension and arrears to a retired university professor who was denied payment for two years due to an administrative error over pension schemes.

The Ruling

A Division Bench consisting of Justice M. Nagaprasanna and Justice Hema Kulkarni ruled that retired law professor Chidananda Reddy S. Patil is entitled to the Old Pension Scheme. The Court directed the government to release the pension within eight weeks along with arrears and an annual interest of 6% from the due date. The Bench warned that failing to meet this deadline will trigger a higher annual interest rate of 12% and require the government to pay 1 lakh rupees in litigation costs.

Background

Mr. Patil started his teaching career as a lecturer at Karnataka University in Dharwad on March 14, 1996, and later worked as a principal at Sir Siddappa Kambali Law College. In 2013, he applied for a professor post at Karnataka State Law University in Hubballi and submitted a technical resignation under Rule 252(b) of the Karnataka Civil Services Rules to protect his past service benefits. When he retired on December 31, 2024, the government withheld his pension by claiming a clause in his 2013 appointment order put him under the New Fixed Contributory Pension Scheme, ignoring a 2021 clarification from Karnataka State Law University confirming his eligibility for the old scheme.

Context

Legal disputes over pension eligibility often arise when public sector employees move between different state-run institutions through technical resignations. Courts frequently examine whether administrative appointment clauses can override statutory service protections earned over decades of public employment.