KRISHNA RAMAPPA NEERALGI vs THE PRINCIPAL SECRETARY

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IN THE HIGH COURT OF KARNATAKA AT DHARWAD


TH
DATED THIS THE 27 DAY OF OCTOBER, 2026


BEFORE

THE HON'BLE MR. JUSTICE T.M.NADAF
WRIT PETITION NO.108683 OF 2026 (S-RES)

BETWEEN:


1. KRISHNA RAMAPPA NEERALGI
W/A: NSF HIGH SCHOOL,
SAVADATTI, BELAGAVI,
SINCE DECEASED BY HIS LR’S
CHAMPA KRISHNAPPA NEERALAGI
AGED ABOUT 45 YEARS, OCC: HOUSE WIFE,
R/A: NO.401, GUJANAL, GOKAK (RURAL)
BELAGAVI.


2. SHIVALING S/O: VEERABHADRAPPA ANDANI,
AGED ABOUT 64 YEARS, OCC: RETIRED ASST TEACHER,
W/A: NSF HIGH SCHOOL,
SAVADATTI, BELAGAVI DISTRICT,
R/A: CTS NO.1314, BANAGARA GALLI,
GOKAK, BELAGAVI DISTRICT.


3. KEMPANNA S/O: PARAPPA KAMBLE,
AGED ABOUT 65 YEARS, OCC: RETIRED HEAD MASTER,
W/A: NSF HIGH SCHOOL,
SAVADATTI, BELAGAVI DISTRICT.
R/A: NO.59, ANANDAPUR,
HATTARAGI, THANAHATTARAGI,
HUKKERI TALUK, BELAGAVI DISTRICT.


4. SURESH S/O: DUNDAPPA BASSAPURI,
AGED ABOUT 63 YEARS, OCC: RETIRED D GROUP,
W/A: NSF HIGH SCHOOL,
SAVADATTI, BELAGAVI DISTRICT.
R/A: NO.378, HANCHINAL PLOT,
HANCHINAL, HUKKERI TALUK,
BELAGAVI.


5. SADANAND S/O: NAGAPPA KOLAKI,
AGED ABOUT 59 YEARS, OCC: ASST TEACHER,












Digitally signed by
THEJAS KUMAR N
Location: High
Court of Karnataka,
Dharwad Bench

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W/A: NSF HIGH SCHOOL, SAVADATTI, BELAGAVI DISTRICT.


6. ASHOK S/O: RAMAPPA PUDALKATTI,
AGED ABOUT 70 YEARS, OCC: RETIRED SDA.
W/A: NSF HIGH SCHOOL,
GOKAK, BELAGAVI DISTRICT.
R/A: 992/2, NEAR BUS STAND,
KONNUR, GOKAK TALUK, BELAGAVI DISTRICT.


7. SHANKAR S/O: HANAMAT PUJERI,
AGED ABOUT 62 YEARS, OCC: RETIRED SDA.
W/A: NSF HIGH SCHOOL,
GOKAK, BELAGAVI DISTRICT.
R/A: NAIKWADI, MARADIMATH POST,
GOKAK TALUK, BELAGAVI DISTRICT.


8. ARJUN S/O: YALLAPPA DASANATTI,
AGED ABOUT 55 YEARS, OCC: D GROUP.
W/A: NSF HIGH SCHOOL, GOKAK, BELAGAVI DISTRICT.

9. DIGAMBAR S/O: DATTATREYA BOTHE,
AGED ABOUT 58 YEARS, OCC: ASST TEACHER.
W/A: NSF HIGH SCHOOL, GOKAK, BELAGAVI DISTRICT.


10. BASAVARAJ S/O: SIDAGOUDA RAMAGANATTI,
AGED ABOUT 54 YEARS, OCC: ASST TEACHER.
W/A: NSF HIGH SCHOOL,
KULAGOD, MUDALAGI TALUK,
BELAGAVI DISTRICT.


11. BHEEMAPPA S/O: ADIVEPPA MELAVANKI,
AGED ABOUT 60 YEARS, OCC: RETIRED D GROUP.
W/A: SRI GURUSIDDESHWARA GIRLS AND
URDU MEDIUM SCHOOL, KONNUR,
GOKAK TALUK, BELAGAVI DISTRICT.
R/A: AMBEDKAR GALLI, KONNUR,
GOKAK TALUK, BELAGAVI.


12. BALAKRISHNA S/O: KALLAPPA MEGERI,
AGED ABOUT 58 YEARS, OCC: D GROUP.
W/A: SRI GURUSIDDESHWARA GIRLS AND
URDU MEDIUM SCHOOL, KONNUR,
GOKAK TALUK, BELAGAVI DISTRICT.

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13. SHOBHA D/O: SHANKARGOUDA BHADRAKALI,
AGED ABOUT 48 YEARS, OCC: ASST TEACHER.
W/A: VOLKART ACADEMY HIGHER PRIMARY SCHOOL,
GOKAK FALLS, GOKAK TALUK, BELAGAVI DISTRICT.


14. BHARATI D/O: MALLANAGOUDA PATIL,
AGED ABOUT 54 YEARS, OCC: ASST TEACHER.
W/A: VOLKART ACADEMY HIGHER PRIMARY SCHOOL,
GOKAK FALLS, GOKAK TALUK, BELAGAVI DISTRICT.


15. BASAVARAJ S/O: MALLAPPA HANAMANTAGOL,
AGED ABOUT 55 YEARS, OCC: ASST TEACHER.
W/A: NSF HIGH SCHOOL,
NALLANATTI, MUDALAGI TALUK,
BELAGAVI DISTRICT.


16. NINGAPPA CHILAMUR S/O: SHEDEPPA,
AGED ABOUT 58 YEARS, OCC: LECTURER.
W/A: S G V COMPOSITE PU COLLEGE,,
BAILHONGAL TOWN, BELAGAVI DISTRICT.


17. SOMALINGAPPA R KALHAL,
S/O: RUDRAPPA,
AGED ABOUT 57 YEARS, OCC: LECTURER.
W/A: S G V COMPOSITE PU COLLEGE,,
BAILHONGAL TOWN, BELAGAVI DISTRICT.


18. VIJAYAKANT MAHADEVAPPA BASINAYAKAR,
S/O: MAHADEVAPPA BASINAYAKAR,
AGED ABOUT 57 YEARS, OCC: LECTURER.
W/A: S G V COMPOSITE PU COLLEGE,,
BAILHONGAL TOWN, BELAGAVI DISTRICT.


19. SHASHIDHAR SHIVANAPPA BELLIGATTI
S/O: SHARANAPPA,
AGED ABOUT 55 YEARS, OCC: LECTURER.
W/A: S G V COMPOSITE PU COLLEGE,
BAILHONGAL TOWN, BELAGAVI DISTRICT.


20. MRUTHYANJAY CHANNABASAVAYYA HEMAGIRIMATH
S/O: CHANNABASAVAYYA,
AGED ABOUT 49 YEARS, OCC: LECTURER.
W/A: S G V COMPOSITE PU COLLEGE,
BAILHONGAL TOWN, BELAGAVI DISTRICT.

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21. UDAYA ANNAPPA MUNAVALLI
S/O: ANNAPPA MUNAVALLI,
AGED ABOUT 42 YEARS, OCC: GROUP-D.
W/A: S G V COMPOSITE PU COLLEGE,,
BAILHONGAL TOWN, BELAGAVI DISTRICT.


22. SHRISHAIL BASAPPA ENTETTINAVAR
S/O: BASAPPA,
AGED ABOUT 62 YEARS, OCC: LECTURER.
W/A: NAVALGI, JAMKHANDI TALUK,
BELAGAVI DISTRICT.


23. ISMAILSAHEB NABEESAHEB NADAF
S/O: NABEESAHEB,
AGED ABOUT 61 YEARS, OCC: RETIRED ASST TEACHER.
W/A: NAYAK STUDENT FEDERATION KANNADA
MEDIUM & PRIMARY SCHOOL,
YADWAD, GOKAK TALUK, BELAGAVI DISTRICT.
R/A: HULAKUND, RAMADURG, TALUK,
BELAGAVI DISTRICT-591114.


24. SURESH BABURAO BANAVANNAVAR
S/O: BABURAO BANAVANNAVAR GHONGADI,
AGED ABOUT 66 YEARS, OCC: D-GROUP.
W/A: SHRI MUDDEBALAYYASWAMY HIGH SCHOOL
GHODAGERE, HUKKERI TALUK,
R/A: KURNI POST, HUKKERI, BELAGAVI DISTRICT.


25. BASAPPA YALLAPPA HANJI
S/O: YALLAPPA,
AGED ABOUT 54 YEARS, OCC: D-GROUP.
W/A: SHRI MUDDEBALAYYASWAMY HIGH SCHOOL
GHODAGERE, HUKKERI TALUK,


26. LAXMAN VENKAPPA NAIK,
S/O: VENKAPPA,
AGED ABOUT 54 YEARS, OCC: D-GROUP.
W/A: SHRI MALLAMMA DEVI TAVAGAMATA HIGH SCHOOL
TAVAGA, GOKAK, TALUK, BELAGAVI DISTRICT.


27. BASAVARAJ GURLINGAPPA GANGALAD,
S/O: GURALINGAPPA GANGALAD,
AGED ABOUT 53 YEARS, OCC: ASST TEACHER,
W/A: SHRI MALLAMMA DEVI TAVAGAMATA

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HIGH SCHOOL TAVAGA, GOKAK, TALUK,
BELAGAVI DISTRICT.


28. MAHANTESH MALLESHAPPA PATTAN,
S/O: MALLESHAPPA PATTAN,
AGED ABOUT 51 YEARS, OCC: PE TEACHER.
W/A: SHRI MALLAMMA DEVI TAVAGAMATA
HIGH SCHOOL TAVAGA, GOKAK, TALUK,
BELAGAVI DISTRICT.


29. BEERAPPA LAXMAPPA HUNDARAD,
S/O: LAXMAPPA,
AGED ABOUT 59 YEARS, OCC: SDA.
W/A: G N S COMPOSITE , PU COLLEGE,
YADWAD, GOKAL TALUK, BELAGAVI DISTRICT.


30. VITTAL METRI S/O: YAMANAPPA,
AGED ABOUT 57 YEARS, OCC: PEON.
W/A: G N S COMPOSITE , PU COLLEGE,
YADWAD, GOKAL TALUK, BELAGAVI DISTRICT.


31. ISHWAR GURAPPA BARIGIDAD,
S/O: GURAPPA BARIGIDAD,
AGED ABOUT 63 YEARS, OCC: ASST TEACHER.
W/A: PRAGATHI VIDYALAYA KANNADA PRIMARY SCHOOL,
KOTKOL, RAMDURGA TALUK, BELAGAVI DISTRICT.
R/A: 257/4A, KANBAR ONI, KATKAL,
RAMADURGA, BELAGAVI-591114.


32. YALLAPPA M PATIL S/O: MARUTHI,
AGED ABOUT 59 YEARS, OCC: ASST TEACHER.
W/A: JYOTHI HIGH SCHOOL, KARLE, BELAGAVI DISTRICT.


33. SHIVANAND PARAPPA GANAGI
S/O: PARAPPA GANAGI,
AGED ABOUT 63 YEARS, OCC: ASST TEACHER.
W/A: G N S COMPOSITE, PU COLLEGE,
YADWAD, GOKAK TALUK, BELAGAVI DISTRICT.


34. MAHADEV BHAJANTRI S/O: VEERAPPA,
AGED ABOUT 49 YEARS, OCC: SDC.
W/A: G N S COMPOSITE , PU COLLEGE,
YADWAD, BELAGAVI DISTRICT.

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35. MARUTHI S S/O: SHATUPPA ARGU,
AGED ABOUT 60 YEARS, OCC: RETIRED HEAD MASTER.
W/A: SHRI MAHALAKSHMI HIGH SCHOOL,
TOPINKATTI, KHANAPUR TALUK, BELAGAVI.
R/A: NO.527, SHIVAJINAGAR DESUR,
HUKKERI, BELAGAVI DISTRICT.


36. DEVENDRAPPA MADHALLI
S/O: YALLAPPA MADHALLI,
AGED ABOUT 50 YEARS, OCC: ASST TEACHER.
W/A: PRIYADARSHINI HIGHER PRIMARY
KANNADA SCHOOL, KATTAKALA,
RAMADURGA TALUK, BELAGAVI DISTRICT.


37. KUND G AROSKAR D/O: GURUNATH,
AGED ABOUT 68 YEARS, OCC: RETIRED ASST TEACHER.
W/A: TFE SOCIETY’S MARATHI PRIMARY SCHOOL,
TILAKWADI, BELAGAVI.
R/A: GURUKULA APPT NO.309/A, ROY ROD,
VTC TILAKWADI POST, TILAKWADI, BELAGAVI.


38. SUMITRA S B D/O: GURUNATH,
AGED ABOUT 68 YEARS, OCC: RETIRED ASST TEACHER.
W/A: TFE SOCIETY’S MARATHI PRIMARY SCHOOL,
TILAKWADI, BELAGAVI.
R/A: GURUKULA APPT, NO.309/A, ROY ROD,
VTC TILAKWADI POST, TILAKWADI, BELAGAVI.


39. GEETHA S BAMANE,
W/O: SURESH BAMANE,
AGED ABOUT 66 YEARS,
OCC: RETIRED ASST TEACHER.
W/A: TFE SOCIETY’S MARATHI PRIMARY SCHOOL,
TILAKWADI, BELAGAVI.
R/A: RAGHUNATHPET, ANGOL,
NO.540, TILAWADI, BELAGAVI.


40. MANGALA J GAYTONDE,
W/O: JAYANTH GAYTONDE,
AGED ABOUT 69 YEARS,
OCC; RETIRED ASST TEACHER,
R/A: NO.155/A, OPP. NATH PAI GARDEN,
BUDWARPET, TILAKWADI, BELAGAVI.
W/A: SKE SOCIETY’S MARATHI PRIMARY SCHOOL,

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NO.56, BHAGYANAGAR, BELAGAVI-590006.


41. USHABAI T SHANBHAG,
W/O: TRIVIKRAM SHANBHAG,
AGED ABOUT 59 YEARS, OCC; ASST TEACHER
W/A: SKE SOCIETY’S MARATHI PRIMARY SCHOOL,
NO.56, BHAGYANAGAR, BELAGAVI-590006.


42. SANGEETA D DESHPANDE,
D/O: DEEPAK DESHPANDE,
AGED ABOUT 61 YEARS, OCC; RETIRED ASST TEACHER,
W/A: SKE SOCIETY’S MARATHI PRIMARY SCHOOL,
NO.56, BHAGYANAGAR, BELAGAVI-590006.
R/A: NO.34, RC NAGAR, TILAKWADI,
HUKKERI, BELAGAVI.

43. VINODNI S KAKAMARI
D/O: SURESH KAKAMARI,
AGED ABOUT 57 YEARS, OCC; ASST TEACHER,
W/A: SKE SOCIETY’S MARATHI PRIMARY SCHOOL,
NO.56, BHAGYANAGAR, BELAGAVI-590006.


44. KUNDA P DIWEKAR D/O: PRABHAKAR,
AGED ABOUT 66 YEARS, OCC: OCC; RETIRED ASST TEACHER,
W/A: SKE SOCIETY’S MARATHI PRIMARY SCHOOL,
NO.56, BHAGYANAGAR, BELAGAVI-590006.


45. SAVITRI D NAYAK D/O: D NAYAK,
AGED ABOUT 59 YEARS, OCC: ASST TEACHER,
W/A: S K E SOCIETY’S KANNADA PRIMARY SCHOOL,
BHAGYANAGAR, BELAGAVI-590006.
…PETITIONERS
(BY SRI. G.M. CHANDRASHEKAR, ADVOCATE)

AND:


1. THE PRINCIPAL SECRETARY,
DEPARTMENT OF SCHOOL EDUCATION AND LITERACY,
M.S BUILDING, DR. AMBEDKAR VEEDHI,
BANGALORE-560001.


2. THE ADDITIONAL COMMISSIONER,
DEPARTMENT OF SCHOOL EDUCATION AND LITERACY,
RODDA ROAD, DHARWAD-580008.

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3. THE DEPUTY DIRECTOR OF PUBLIC
INSTRUCTIONS ADMINISTRATION
DEPARTMENT OF PUBLIC INSTRUCTIONS,
BELAGAVI-590001.


4. THE DIRECTOR,
DEPARTMENT OF SCHOOL EDUCATION (PRE UNIVERSITY)
TH
18 CROSS, SAMPIGE ROAD, MALLESHWARAM,
BANGALORE – 560012.


5. THE DEPUTY DIRECTOR OF PUBLIC
INSTRUCTIONS ADMINISTRATION,
DEPARTMENT OF PUBLIC INSTRUCTIONS,
CHIKKODI-591201.

…RESPONDENTS
(BY SRI. SHARAD V.MAGADUM, AGA FOR R1 TO R5)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO A) DIRECT THE
RESPONDENT AUTHORITIES TO CONSIDER THE REPRESENTATION
DATED 10.09.2026 VIDE ANNEXURE-C AND GRANT THE FINANCIAL
SERVICE BENEFITS IN FAVOUR OF THE PETITIONERS AS PER THE
ORDER DATED 10.07.2015 IN WP NO.21216/2014 AND WA
NO.2467/2015, WA NO.2476/2015 AND CONNECTED MATTERS
PASSED BY THE LEARNED SINGLE JUDGE AND HON’BLE DIVISION
BENCH OF HIGH COURT OF KARNATAKA VIDE ANNEXURE-A AND B
RESPECTIVELY B) DIRECT THE RESPONDENT AUTHORITIES TO
CONSIDER AND GRANT THE FINANCIAL SERVICE BENEFITS OF THE
PETITIONERS FROM THE DATE OF THEIR ENTRY INTO SERVICE I.E.,
FROM THE DATE OF APPOINTMENT INSTEAD FROM THE DATE OF
THEIR GRANT-IN-AID SO AS TO CALCULATE THEIR SENIORITY,
BASIC PAY FIXATION, ANNUAL INCREMENT, TIME BOUND
INCREMENT, ETC., AS THEY ARE LEGALLY ENTITLED FOR THE SAID
BENEFITS ON PAR WITH THE GOVERNMENT EMPLOYEES, IN TERMS
OF THE ORDER DATED 10.07.2015 IN WP NO.21216/2014 AND WA
NO.2467/2015, WA NO.2476/2015 PASSED BY THE LEARNED SINGLE
JUDGE AND HON’BLE DIVISION BENCH OF HON’BLE HIGH COURT OF
KARNATAKA, BENGALURU VIDE ANNEXURE-A AND B RESPECTIVELY.
C) ISSUE ANY SUCH OTHER RELIEFS/ORDERS AS THIS HON’BLE
COURT DEEMS FIT IN THE CIRCUMSTANCES OF THE CASE AND FOR
COST, IN THE INTEREST OF JUSTICE AND EQUITY.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE T.M.NADAF

ORAL ORDER

Though the matter is listed under the caption ‘Fresh
matters’, on the submission that the matter is covered by
the judgment of Division Bench of this Court in
W.A.No.2476/2015, disposed on 24.07.2026, the matter is
taken up for disposal with the consent of both the parties.

2. Heard Sri. G.M. Chandrashekhar, learned
counsel appearing for the petitioners and Sri. Sharad V.
Magadum, learned AGA appearing for respondent Nos.1 to
5/State.

3. This petition is filed by the petitioners seeking
following reliefs:


“a) Direct the Respondent Authorities to consider the
Annexure-C
representation dated 10.09.2026 vide and
grant the financial service benefits in favour of the
petitioners as per the order dated 10.07.2015 in WP
No.21216/2014 and WA No.2467/2015, WA
No.2476/2015, and connected matters passed by the

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Learned Single Judge and Hon’ble Division Bench of High
Court of Karnataka vide Annexure-A and B respectively.
b) Direct the Respondent authorities to consider and
grant the financial service benefits of the Petitioners from
the date of their entry into service i.e., from the date of
appointment instead from the date of their Grant-in-aid
so as to calculate their seniority, basic pay fixation,
annual increment, time bound increment, etc., as they
are legally entitled for the said benefits on par with the
Government employees, in terms of the order dated
10.07.2015 in WP No.21216/2014 and WA
No.2467/2015, WA No.2476/2015 passed by the Learned
Single Judge and Hon’ble Division Bench of Hon’ble High
Court of Karnataka, Bengaluru vide Annexure-A and B
respectively.
c) Issue any such other relief’s/orders as this Hon’ble
Court deems fit in the circumstances of the case and for

cost, in the interest of justice and equity.”


4. The main grievance of the petitioners in this
petition is that the service rendered by the petitioners
prior to admitting them to the post of grant-in-aid was not
considered for the purpose of pay fixation, increments,
seniority, pensionary and other consequential benefits.
The Co-ordinate Bench of this Court in
W.P.No.21216/2014 along with other connected matters
disposed on 10.07.2015, struck down the Karnataka
Private Aided Educational Institutions Employees
(Regulation of Pay, Pension and Other Benefit) Act 2014,

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which sought to exclude pre-grant service for various
service and pensionary benefits. The State was in appeal
in W.A.No.2476/2015 and connected matters. The Division
Bench of this Court on 24.07.2026 disposed of the matter
confirming the judgment passed by the Co-ordinate Bench
of this Court in the aforesaid Writ Petition. The Division
Bench of this Court at paragraph No.61 has held as under:
“61. It is also necessary to clarify the extent of the
relief that would flow from the present judgment. The
issue involved in the present batch of matters is
confined to whether the service rendered by employees
during the non-grant period is liable to be reckoned for
the purpose of fixation of pay and other consequential
service benefits. Neither the provisions governing
grant-in-aid nor the statutory framework casts any
liability upon the State to pay salary for the period prior
to admission of the post to grant-in-aid. As produced
supra, Annexure-I of Rules, 1999 would make it
abundantly clear that the management shall be liable
for payment of salary and other benefits till the date
such posts are admitted into grantin-aid. The liability to
pay salary during the non-grant period continues to
rest upon the management of the concerned institution.
Consequently, the service rendered during the said
period shall be taken into account only for the purpose
of notional fixation of pay as on the date of admission
of the post to grant-in-aid and for extending
consequential benefits such as pension and other
service benefits. The employees shall not be entitled to
claim arrears of salary or any other monetary benefits
from the State for the period preceding the admission
of the post to grant-in-aid.”

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5. Since the petitioners are similarly placed, the
same benefit is extended. Accordingly, this Court proceeds
to pass the following:
ORDER
allowed
i. The Writ Petition is .

ii. The mandamus is issued to the respondent-
authorities to consider the past service
rendered by the petitioners from their date of
initial appointment prior to admitting him to the
post of grant-in-aid for the purpose of
fixation/re-fixation of pay, increments,
seniority, pensionary, retire benefits and all
other consequential service benefits in
accordance with paragraph No.61 extracted
afore of the judgment dated 24.07.2026
passed in W.A.No.2476/2015 passed by the
Division Bench of this Court.

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iii. The entire exercise shall be completed within a
period of six weeks from today, and compliance
shall be reported with the registry.

Sd/-
(T.M.NADAF)
JUDGE

RKM
CT: UMD
List No.: 1 Sl No.: 11