Karnataka High Court
Credit: DH File Photo
Bengaluru: The Karnataka High Court has directed the state government and Rani Chennamma University to settle the regular pension and all terminal benefits due to a retired professor at Sangolli Rayanna First Grade College, Belagavi.
Observing that the state is playing with the life of the petitioner, Justice M Nagaprasanna has directed the authorities to pay the complete death-cum-retirement benefit and encashment of privilege leave, including arrears of pension, with an interest at 6 percent from January 11, 2022, the date of filing of the petition, till the date of payment.
The petitioner MA Dhavaleshwar was appointed as a professor in Sangolli Rayanna First Grade College In 1982. After about 31 years of his service, the college was declared to be a constituent college coming under the Rani Chennamma University. On August 31, 2015, the petitioner retired and the last two years and eight months of his service was in the constituent college.
When no terminal benefits were paid, he moved the high court and in 2020, the high court directed the authorities to release the benefits within a period of four weeks. Fearing consequences in the contempt proceeding, some partial amount was released to the petitioner. He again moved the high court alleging that for six long years he was without a rupee of pension all for the reason that ‘who has to pay pension’.
The petitioner submitted that only for the sake of compliance in the contempt proceedings, certain make believe payments are made while substantial part of it is yet to be paid. On the other hand, the state contended that the petitioner cannot be paid pension for all the years of service as his services were split with an aided Institution and the university. In its defense, the university claimed to have forwarded all the documents necessary for payment of pension and nothing remains with it.
The court noted that despite working for 34 years, the petitioner has not been paid a complete pension as also leave encashment and gratuity amounts. “The State wants to play with the life of the petitioner. The petitioner is now 70 years old having retired 10 years ago and has been fighting for grant of his terminal benefits for close to 6 years up to the date on which this Court would pass orders and now again, for grant of appropriate terminal benefits in full,” Justice Nagaprasanna said.
The court further said, “What is projected by the University for not paying pension is that there is likelihood of audit objection. This by no stretch of imagination is a reason to dodge a teacher for ten years. Therefore, it becomes a case where a mandamus is to be issued by granting the prayer of the petitioner and directing that the pension of the petitioner be paid and report the same to this Court, failing which, the petitioner will have to explore another set of litigation.”