High Court Reprimands Government for Denying Old Pension Scheme (OPS) Benefits

The Karnataka High Court has upheld a decision to grant Old Pension Scheme (OPS) benefits to a former professor who served for 28 years. The court ordered the state government to release all outstanding pension and retirement dues.

Upon retirement, every employee expects to receive their pension on time to meet their needs. However, transitioning between institutions during one's career can sometimes lead to complications regarding pension rules. This was the case for a former professor in Karnataka who, despite 28 years of service in academia, was initially denied the benefits of the Old Pension Scheme (OPS) upon retirement.

The matter reached the Karnataka High Court, which dismissed the state government's appeal and ruled in favor of the professor. The court stated that the right to a pension—guaranteed under the applicable rules—cannot be nullified based on the specific terms of an individual's appointment.

What was the case about?

Chidanand Reddy S. Patil began his career as a lecturer at Karnatak University, Dharwad, on March 14, 1996, and later rose to the position of Associate Professor. In 2013, with formal permission, he moved to a professorial position at the Karnataka State Law University, Hubballi. His resignation from the previous university was accepted as a "technical resignation." He subsequently retired on December 31, 2024.

Why did the government withhold the OPS pension?

The state government argued that the two universities are distinct institutions with different service conditions. Consequently, it contended that the tenure spent at the first university could not be combined with the service at the new institution for the purpose of calculating pension benefits. Furthermore, the government cited a condition linked to the National Pension System (NPS) that was part of his new appointment.

What was the High Court's verdict?

On October 12, 2026, a division bench of the High Court dismissed the government's appeal. The court held that moving to another university by way of a 'technical resignation' does not result in the forfeiture of a professor's prior qualifying service.

The government must pay the pension and arrears.

The court directed that Patil be granted a pension under the Old Pension Scheme (OPS) and that his qualifying service from both universities be counted in accordance with the rules. He is to be provided with a pension, retirement benefits, and all outstanding dues, effective from January 1, 2025. Furthermore, interest at the rate of 6% per annum must be paid on any delayed payments. The government has been granted eight weeks to comply with the order. In the event of a delay, the interest rate will increase to 12% per annum, and the government will also be liable to pay Rs 1 lakh towards the costs of the litigation.