Karnataka High Court Denies Pension for Media Academy and Temperance Board Employees

Court rules non-government employees not eligible for pension under Karnataka Civil Services Rules; directs state government to reconsider pension requests.

In a significant judgment delivered by the Karnataka High Court, a Division Bench comprising Mrs. Anu Sivaraman and Vijaykumar A. Patil ruled that employees of the Karnataka Media Academy and the Temperance Board are not entitled to pension benefits under the Karnataka Civil Services Rules (KCSRs), as they are not classified as government servants. The decision was passed on November 19, 2025, addressing a series of appeals and a review petition related to the pension eligibility of these employees.

The court highlighted that the Media Academy and Temperance Board employees do not qualify as government servants per Rule 2(d) of the Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957. Consequently, they do not fall under the purview of the pension provisions stipulated in the KCSRs due to the lack of specific provisions or orders that would render their service pensionable.

Furthermore, the court emphasized that the determination of making employment in such government-created institutions pensionable lies within the government's discretion and is beyond the scope of judicial review under Article 226 of the Indian Constitution. The judgment stressed that the discretion to extend pension benefits to these employees must be exercised by the state government by considering all relevant aspects and past orders concerning similar institutions.

The court's decision comes after reviewing several writ appeals and a review petition challenging prior orders that had directed the payment of pension and arrears to the petitioners. The court clarified that while the Media Academy's bylaws provide for service conditions to be governed by the KCSRs regarding pay and allowances, there is no provision for pension applicability. It also noted that similar orders have been passed for other institutions, such as the Silk Board, where the government has chosen to extend pension benefits.

In light of the findings, the court allowed the writ appeals and review petition, setting aside the earlier judgment that had favored the petitioners. It directed the state government to re-evaluate the pension requests of the employees from the Media Academy and the Temperance Board, involving the relevant authorities in the decision-making process. The government is to take an informed decision within four months regarding the pension eligibility of these employees.

The court's ruling underscores the need for clear legislative or executive action to extend pension benefits to employees of such autonomous bodies, emphasizing the distinct classification between government servants and employees of government-created institutions.

Bottom Line:

Employees of Media Academy and Temperance Board, being non-Government servants and not covered under specific provisions or orders making their service pensionable, are not entitled to pension under the Karnataka Civil Services Rules (KCSRs).

Statutory provision(s): Rule 2(d) of the Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957; Karnataka Civil Services Rules (KCSRs); Article 226 of the Constitution of India.

State of Karnataka v. Sri Yallagaiah G., (Karnataka)(DB) : Law Finder Doc Id # 2819465