SRI. DEVASI T vs STATE OF KARNATAKA

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HC-KAR
NC: 2026:KHC:60739
WP No. 33152 of 2026
CNR: KAHC010726702026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
ND
DATED THIS THE 2 DAY OF NOVEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV
WRIT PETITION NO. 33152 OF 2026 (S-RES)
BETWEEN:
1. SRI. DEVASI T.
S/O THOMAS P.A.,
AGED ABOUT 59 YEARS,
OCC: ASSISTANT TEACHER,
WORKING AT BERCHMANS HIGH SCHOOL,
SHETTIKOPPA
NARASIMHARAJAPURA TALUK,
CHIKKAMAGALURU DISTRICT - 577 134.
2. SMT. THRESIYAMMA,
D/O JOSEPH,
AGED ABOUT 60 YEARS,
OCC: RETD "ASSISTANT TEACHER",
AT CARMEL HIGHER PRIMARY SCHOOL,
ST. JOSEPH'S CONVENT, MENASUR,
NARASIMHARAJAPURA TALUK,
CHIKKAMAGALURU DISTRICT - 577 134.
Digitally signed
by PRAKASH N
Location: HIGH
COURT OF
KARNATAKA
3. SMT. SHAINY K.J.,
C/O JOSE,
AGED ABOUT 59 YEARS,
OCC: ASSISTANT TEACHER,
WORKING AT CARMEL HIGHER PRIMARY SCHOOL,
ST. JOSEPH'S CONVENT, MENASUR,
NARASIMHARAJAPURA TALUK,
CHIKKAMAGALURU DISTRICT - 577 134.

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4. SMT. DAYANA E.J,
W/O POULOSE E.J.,
AGED ABOUT 46 YEARS,
OCC: ASSISTANT TEACHER,
WORKING AT CARMEL HIGHER PRIMARY SCHOOL,
ST. JOSEPH'S CONVENT, MENASUR,
NARASIMHARAJAPURA TALUK,
CHIKKAMAGALURU DISTRICT - 577 134.
5. SMT. GIRIJA R.M.,
S/O LATE CHANNAVEERASWAMY,
AGED ABOUT 51 YEARS,
OCC: S.D.A.,
WORKING AT SRI JAGADGURU
RUDRAMUNEESHWARA RESIDENTIAL HIGH SCHOOL,
RAMBHAPURIMATH AT POST, BALEHONNUR,
CHIKKAMAGALURU DISTRICT - 577 112.
6. SRI. S M RAMESHA,
S/O S. R. MANJAPPA GOWDA,
AGED ABOUT 59 YEARS,
OCC ASSISTANT TEACHER,
WORKING AT SRI JAGADGURU
RUDRAMUNEESHWARA RESIDENTIAL HIGH SCHOOL,
RAMBHAPURIMATH, N R PURA TALUK,
CHIKKAMAGALURU DISTRICT - 577 112.
7. SMT. SUJATA K. ALAWANDI,
S/O KOTRAPPA ALAWANDI,
AGED ABOUT 55 YEARS,
OCC: ASSISTANT TEACHER,
WORKING AT SRI JAGADGURU
RUDRAMUNEESHWARA RESIDENTIAL HIGH SCHOOL,
RAMBHAPURIMATH, N R PURA TALUK,
CHIKKAMAGALURU DISTRICT - 577 112.

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HC-KAR
NC: 2026:KHC:60739
WP No. 33152 of 2026
CNR: KAHC010726702026
8. SRI. VEERAYYA KULKARNI,
S/O VAGISHWRAYYA,
AGED ABOUT 55 YEARS,
OCC: ASSISTANT TEACHER,
WORKING AT SRI JAGADGURU
RUDRAMUNEESHWARA RESIDENTIAL HIGH SCHOOL,
RAMBHAPURIMATH, N R PURA TALUK,
CHIKKAMAGALURU DIST - 577 112.
9. SRI. N.M. KATTEGOUDAR,
AGED ABOUT 55 YEARS,
OCC P.E. TEACHER,
S/O MAHADEVAGOUDA,
WORKING AT SRI JAGADGURU
RUDRAMUNEESHWARA RESIDENTIAL HIGH SCHOOL,
RAMBHAPURIMATH, N R PURA TALUK,
CHIKKAMAGALURU DIST - 577 112.
10. SRI. P.R. SADANANDA,
S/O P.S. RANGEGOWDA,
AGED ABOUT 60 YEARS,
OCC: RETD ASSISTANT TEACHER,
AT SRI JAGADGURU RUDRAMUNEESHWARA
RESIDENTIAL HIGH SCHOOL, RAMBHAPURIMATH,
N R PURA TALUK,
CHIKKAMAGALURU DISTRICT - 577 112.
11. SRI. RANGASWAMY,
S/O LATE LINGASHETTY,
AGED ABOUT 63 YEARS,
OCC: RETD 'D' GROUP,
AT MOUNTAIN VIEW HIGH SCHOOL,
VIDYANAGARA, KADURU TALUK,
CHIKKAMAGALURU DISTRICT - 577 548.

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WP No. 33152 of 2026
CNR: KAHC010726702026
12. SRI. S MANJAPPA
S/O SATYAPPA,
AGED ABOUT 63 YEARS,
OCC: RETD "D GROUP",
AT SRI PRABHUKUMAR HIGH SCHOOL,
KALKKERE, KADURU TALUK,
CHIKKAMAGALURU DISTRICT - 577 180.
…PETITIONERS
(BY SRI. MARUTHI G.B.,ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY ITS SECRETARY,
DEPARTMENT OF SCHOOL EDUCATION AND
LITERACY, M.S. BUILDING, VIDHANA VEEDHI,
BENGALURU - 560 001.
2. THE COMMISSIONER,
DEPARTMENT OF SCHOOL EDUCATION AND
LITERACY, NRUPATHUNGA ROAD,
BENGALURU - 560 001.
3.
PRINCIPAL ACCOUNTANT GENERAL (A AND E)
P.B. NO. 5329/5369, ANNEXE BUILDING,
PARK HOUSE ROAD, BENGALURU - 560 001.
4. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS
(DDPI), ADMINISTRATION,
DEPARTMENT OF PUBLIC INSTRUCTIONS,
CHIKKAMAGALURU DISTRICT - 577 101.
5.
THE BLOCK EDUCATION OFFICER(BEO),
NARASIMHARAJAPURA (N.R. PURA) TALUK,

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HC-KAR
NC: 2026:KHC:60739
WP No. 33152 of 2026
CNR: KAHC010726702026
CHIKKAMAGALURU DIVISION (SOUTH KARNATAKA
REGION)
CHIKKAMAGALURU DISTRICT - 577 134.
6.
THE BLOCK EDUCATION OFFICER(BEO),
KADURU, KADURU TALUK,
CHIKKAMAGALURU DISTRICT - 577 180
…RESPONDENTS
(BY SMT. RASHMI RAO, HCGP FOR R1, R2, R4 TO R6
SRI. N. AMARESH, ADVOCATE FOR R3)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO A) DIRECTING THE
RESPONDENT AUTHORITIES TO RECKON THE SERVICE
RENDERED BY THE PETITIONERS FROM THEIR RESPECTIVE
DATES OF INITIAL APPOINTMENT, INCLUDING THE SERVICE
RENDERED PRIOR TO ADMISSION OF THEIR RESPECTIVE
POSTS TO APPROVAL/GRANT-IN- AID, FOR THE PURPOSE OF
FIXATION/RE-FIXATION OF PAY, INCREMENTS, SENIORITY,
PENSIONARY/RETRIAL BENEFITS AND ALL OTHER
CONSEQUENTIAL SERVICE BENEFITS, IN ACCORDANCE WITH
THE LAW DECLARED BY THIS HON'BLE COURT IN
W.A.NO.2476/2015 ORDER DATED 24.07.2026 AND
CONNECTED MATTERS, WHICH IS MARKED AT ANNEXURE-B.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV

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HC-KAR
NC: 2026:KHC:60739
WP No. 33152 of 2026
CNR: KAHC010726702026
ORAL ORDER
1. Learned Additional Government Advocate is
directed to accept notice for respondents No.1, 2, 4 to 6.
2. Sri. N. Amaresh, learned counsel is directed to
accept notice for respondent No.3.
3. The petitioners are before this court seeking for
the following relief:
a) Issue a writ in the nature of Mandamus
directing the respondent authorities to reckon the
service rendered by the petitioners from their
respective dates of initial appointment, including the
service rendered prior to admission of their
respective posts to approval/Grant-in-Aid, for the
purpose of fixation/re-fixation of pay, increments,
seniority, pensionary/retiral benefits and all other
consequential service benefits, in accordance with
the law declared by this Hon'ble court in
W.A.No.2476/2015 and connected matters, relevant
portion dated 24.07.2026, which is marked at
Annexure-B;
b) Issue a writ in the nature of Mandamus
directing respondents to consider the representations

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HC-KAR
NC: 2026:KHC:60739
WP No. 33152 of 2026
CNR: KAHC010726702026
dated 08.09.2026 and 17.08.2026 marked at
Annexure-C to C1 served, in the light of the common
judgment dated 24.07.2026 passed by this Hon'ble
Court in W.A.No.2476/2015 and connected matters
on Annexure-B, and to extend the benefits flowing
therefrom to the petitioners, who are similarly
situated employees.
4. The petitioners who are stated to be teaching
and non-teaching staff serving in various aided educational
institutions have filed the present petition seeking for
issuance of a writ in the nature of mandamus to direct the
respondent authorities to reckon the service rendered by
the petitioners from the dates of their appointment
including the service rendered prior to admission of their
respective posts to grant-in-aid and have sought for
extension of service benefits as may flow from the
observations made in W.A.No.2476/2015 and connected
matters.
5. At the time of consideration of the matter,
reliance is placed on the order passed in

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HC-KAR
NC: 2026:KHC:60739
WP No. 33152 of 2026
CNR: KAHC010726702026
W.A.No.2476/2015 and connected matters dated
24.07.2026.
6. A perusal of the said order would reveal that
writ petitions assailing the constitutional validity of the Act
in question was allowed and W.P.No.21216/2014 and
connected matters came to be allowed. The same was
challenged in W.A.No.2476/2015 and connected matters.
7. Learned Government Advocate appearing for
the respondents submits that while the order in writ
petition was affirmed, however the nature of relief that
flows to the petitioners is on the basis of the observations
made in para 61 of the order in appeal. Taking note of the
same and on perusal of para 61, the present petition could
be disposed of.
8. Para 61 of the judgment reads as follows:
"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

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HC-KAR
NC: 2026:KHC:60739
WP No. 33152 of 2026
CNR: KAHC010726702026
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 grant-in-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."
Taking note of the above, entitlement of the
petitioners would be as observed by the Court in the
observations contained in para 61.
9. Accordingly, the petition is allowed.
Respondents No.1 to take note of the observations made
above and reckon service of the petitioners from the date
of appointment i.e., appointment pre grant-in-aid for the

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HC-KAR
NC: 2026:KHC:60739
WP No. 33152 of 2026
CNR: KAHC010726702026
purpose of notional fixation of pay in order to calculate
benefits such as pension and other service benefits. Such
consideration to be completed within a period of six (6)
months.
Accordingly, the petition is disposed of .
Sd/-
(S SUNIL DUTT YADAV)
JUDGE
SKS