MARUTI D NEMANNAVAR vs THE PRINCIPAL SECRETARY

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IN THE HIGH COURT OF KARNATAKA AT DHARWAD


TH
DATED THIS THE 5 DAY OF NOVEMBER, 2026


BEFORE

THE HON'BLE MR. JUSTICE T.M.NADAF

WRIT PETITION NO.108753 OF 2026 (S-RES)

BETWEEN:

1. MARUTI D NEMANNAVAR
S/O: DHARMAPPA,
AGED ABOUT 55 YEARS,
OCC: ASST TEACHER,
W/A: GURUBALAGANGADHARANATHASWAMY
HIGH SCHOOL, KUDALGI, KALAGHATGI TALUK,
DHARWAD DISTRICT.


2. SHIVANAND MALALI
S/O: LATE. SIDDAPPA,
AGED ABOUT 57 YEARS,
OCC: ASST TEACHER,
W/A: GURUBALAGANGADHARANATHASWAMY
HIGH SCHOOL, KUDALGI, KALAGHATGI TALUK,
DHARWAD DISTRICT.


3. JAYASHREE RAMACHANDRA KURAHATTI
W/O: SHANKRAPPA RADDAR,
AGED ABOUT 47 YEARS,
OCC: ASST TEACHER,
W/A: GURUBALAGANGADHARANATHASWAMY
HIGH SCHOOL, KUDALGI, KALAGHATGI TALUK,
DHARWAD DISTRICT.


4. DHANANJAYA S
S/O: SHIVALINGEGOWDA,
AGED ABOUT 52 YEARS,
OCC: ASST TEACHER,
W/A: GURUBALAGANGADHARANATHASWAMY
HIGH SCHOOL, KUDALGI, KALAGHATGI TALUK,
DHARWAD DISTRICT.













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

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5. ASHOK NEMACHANDRA RACHOTAKAR
S/O: NEMACHANDRA RACHOTAKAR,
AGED ABOUT 55 YEARS,
OCC: ASST TEACHER,
W/A: GURUBALAGANGADHARANATHASWAMY
HIGH SCHOOL, KUDALGI, KALAGHATGI TALUK,
DHARWAD DISTRICT.


6. L. HANUMANTHAIAH
S/O: M LAKKAIAH,
AGED ABOUT 54 YEARS,
OCC: ASST TEACHER,
W/A: GURUBALAGANGADHARANATHASWAMY
HIGH SCHOOL, KUDALGI, KALAGHATGI TALUK,
DHARWAD DISTRICT.


7. KALAPPA NAGAPPA KAMMAR
S/O: NAGAPPA KAMMAR,
AGED ABOUT 54 YEARS,OCC: SDA,
W/A: GURUBALAGANGADHARANATHASWAMY
HIGH SCHOOL, KUDALGI, KALAGHATGI TALUK,
DHARWAD DISTRICT.


8. BALAKRISHNA K N
S/O: NARAYANASHETTY,
AGED ABOUT 61 YEARS,
OCC: RETIRED ASST TEACHER,
W/A: GURUBALAGANGADHARANATHASWAMY
HIGH SCHOOL, KUDALGI, KALAGHATGI TALUK,
DHARWAD. R/A: KEELARA, K R PET,
MANDYA-571450.


9. C BABAJAN MULLA
S/O: HUSAINSAB MULLA,
AGED ABOUT 60 YEARS,
OCC: RETIRED DRAWING TEACHER,
W/A: SHRI PRABHUDEVA HIGH SCHOOL
HONNAPUR, ALNAVAR TALUK, DHARWAD.
R/A: HONNAPUR (PRABHUNAGAR)
ALNAVAR TALUK, DHARWAD DISTRICT.


10. SHRIKANT GURAV
S/O: RAYAPPA GURAV,
AGED ABOUT 61 YEARS,

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OCC: RETIRED ASST TEACHER,
W/A: SHRI PRABHUDEVA HIGH SCHOOL
HONNAPUR, ALNAVAR TALUK,
DHARWAD.
R/A: HONNAPUR (PRABHUNAGAR)
ALNAVAR TALUK, DHARWAD DISTRICT.


11. B B SHEKHARAPPA
S/O: BASAVARAJAPPA,
AGED ABOUT 62 YEARS,
OCC: RETIRED SDA,
W/A: SRI. VIGNESHWARA HIGH SCHOOL,
VIDYNAGAR, HUBLI,
TH
R/A: NAVEENA NILAYA, 5 CROSS,
NEAR RATION SHOP, VIDYANAGAR
HUBLI-580021.


12. FATIMA A SINGOTI
D/O: ABDUL AZIZ,
AGED ABOUT 57 YEARS,
OCC: ASST TEACHER,
W/A: SRI. VIGNESHWARA HIGH SCHOOL,
VIDYNAGAR, HUBLI.


13. VIMALA TAMBAKAD
D/O: PARAMESHAPPA,
AGED ABOUT 55 YEARS,
OCC: ASST TEACHER,
W/A: SRI. VIGNESHWARA HIGH SCHOOL,
VIDYNAGAR, HUBLI.


14. KALMESH S SABARAD
S/O: SHANKARAPPA,
AGED ABOUT 68 YEARS,
OCC: RETIRED LECTURER,
W/A: ALUR VENKATARAO COMPOSITE PU COLLEGE,
DHARWAD. R/A: NO.84, NANDHIDHAMA,
ST
KELAGERI ROAD, MAHANTNAGAR, 1 CROSS,
DHARWAD DISTRICT.


15. BASAVARAJ BASALINGAPPA SANTOJI
S/O: BASALINGAPPA,
AGED ABOUT 60 YEARS,
OCC: RETIRED PE TEACHER,

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W/A: HURAKADLI AJJA LAW COLLEGE,
DHARWAD, R/A: MALAPUR K C PARK, DHARWAD DISTRICT.


16. DATTAPPA B BIRADAR
S/O: BHEEMAPPA,
AGED ABOUT 61 YEARS,
OCC: RETIRED LIBRARIAN,
W/A: HURAKADLI AJJA LAW COLLEGE,
DHARWAD. R/A: NO.5/1, BHAVIKATTE PLOT,
HALIYAL ROAD, KVV, DHARWAD DISTRICT.


17. PARIMALA P YARAZARVI
W/O: NARAYAN SAGAR,
AGED ABOUT 61 YEARS,
OCC: RETIRED ASST. TEACHER,
W/A: SREENAGARA KANNADA HIGHER PRIMARY SCHOOL,
SREENAGARA, UNAKAL, HUBLI, DHARWAD.
RD
R/A: NO.35, 3 CROSS, SREENAGAR,
UNAKAL, HUBLI, DHARWAD DISTRICT.

18. ASHOK JOSHI
S/O: RAMACHANDRA JOSHI,
AGED ABOUT 68 YEARS,
OCC: RETIRED PE. TEACHER.
W/A: DR. B R AMBEDKAR MEMORIAL PU COLLEGE,
GANGADHARANAGARA, HUBLI, DHARWAD.
R/A: NO.45, BANASHANKARI LAYOUT,
SHANTHINAGAR, KESHAVPUR
HUBLI, DHARWAD DISTRICT.


19. FILOMINA S DANDIN
S/O: SOLOMON,
AGED ABOUT 59 YEARS,
OCC: ASST TEACHER,
W/A: BASEL MISSION PEROKIAL
KANNADA BOYS SCHOOL, HUBLI.


20. HAREESHWARI G CHAVAN
D/O: MOHAN RAO,
AGED ABOUT 51 YEARS,
OCC: ASST TEACHER,
W/A: SHRI PRABHUDEVA HIGH SCHOOL,
HONNAPUR, ALNAVAR TALUK,
DHARWAD DISTRICT.

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21. RAMACHANDRA G SANADI
S/O: GANAPATI,
AGED ABOUT 48 YEARS,
OCC: PE TEACHER,
W/A: SHRI PRABHUDEVA HIGH SCHOOL,
HONNAPUR, ALNAVAR TALUK,
DHARWAD DISTRICT.


22. CHANDRASHEKHAR S ULLAGADDI
S/O: SHANMUKHAPPA,
AGED ABOUT 48 YEARS,
OCC: ASST TEACHER,
W/A: SHRI PRABHUDEVA HIGH SCHOOL,
HONNAPUR, ALNAVAR TALUK,
DHARWAD DISTRICT.


23. SHEKHARAPPA B HIREKERUR
S/O: BHIMAPPA,
AGED ABOUT 59 YEARS,
OCC: PEON,
W/A: SHRI PRABHUDEVA HIGH SCHOOL,
HONNAPUR, ALNAVAR TALUK,
DHARWAD DISTRICT.


24. MANJULA I DODDAMANI
D/O: IRAPPA,
AGED ABOUT 57 YEARS,
OCC: ASST. TEACHER,
W/A: SMT. SUSHILATAI AJJAYYA HIREMATH ,
HIGHER PRIMARY SCHOOL, AMMINABHAVI,
DHARWAD DISTRICT.


25. LEELAVATI N ANNIGERI
D/O: NEELAKANTAPPA,
AGED ABOUT 56 YEARS,
OCC: ASST. TEACHER,
W/A: SMT. SUSHILATAI AJJAYYA HIREMATH ,
HIGHER PRIMARY SCHOOL, AMMINABHAVI,
DHARWAD DISTRICT.


26. ANASUYA C ANIGOL
D/O: CHANDRASHEKHAR,
AGED ABOUT 60 YEARS,

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OCC: ASST. TEACHER,
W/A: SMT. SUSHILATAI AJJAYYA HIREMATH ,
HIGHER PRIMARY SCHOOL, AMMINABHAVI,
DHARWAD DISTRICT.


27. TAVANARAJ M DESAI
S/O: MAHAVEER,
AGED ABOUT 48 YEARS,
OCC: ASST. TEACHER,
W/A: SMT. SUSHILATAI AJJAYYA HIREMATH ,
HIGHER PRIMARY SCHOOL, AMMINABHAVI,
DHARWAD DISTRICT.


28. SHRINIVAS V JOSHI
S/O: VENKATESH JOSHI,
AGED ABOUT 64 YEARS,
OCC: RETIRED ASST. TEACHER,
W/A: SRINAGAR KANNADA HIGHER PRIMARY SCHOOL,
SRINAGARA, UNAKAL, HUBBALLI.
R/A: NO.2881B/2, PLOT NO.27,
NEAR MARUTHINAGAR, WARD NO.4,
GANDINAGAR, KALGHATAGI,
DHARWAD DISTRICT.


29. CHANDRAKANT MUTALIK
S/O: YALAGURDA,
AGED ABOUT 61 YEARS,
OCC: RETIRED ASST. TEACHER,
W/A: SRINAGAR KANNADA HIGHER PRIMARY SCHOOL,
SRINAGARA, UNAKAL, HUBBALLI.
R/A: NO.65/67, SHAKTI COLONY,
GOVERNMENT KANNADA SCHOOL, VIDHYA NAGAR
HANUMANTHA NAGAR ROAD,
HUBLI, DHARWAD-580031.


30. PATADAYYA S CHIKKAMATHA
S/O: SHEKHARAYYA,
AGED ABOUT 62 YEARS,
OCC: RETIRED ASST. TEACHER,
W/A: SRI GURU MADIVALA SHIVACHARYA KANNADA
PRIMARY SCHOOL, KALAGHATAGI, DHARWAD.
R/A: NO.41/2, SENA GALLI, KALGHATGI,
DHARWAD DISTRICT.

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31. CHANNAPPA ADIVEPPA VARADANI
S/O: ADIVEPPA VARADANI,
AGED ABOUT 70 YEARS,
OCC: RETIRED SDA,
W/A: G.E. COMPOSITE PU COLLEGE,
KALAGHATGI, DHARWAD.
R/A: DASTIKOPPA POST,
DASTIKOPPA, DHARWAD DISTRICT.


32. SHANKARAPPA BARAKER
S/O: BALAPPA BARAKER,
AGED ABOUT 52 YEARS,
OCC: P E TEACHER,
W/A: BHAGINI NIVEDITHA PRIMARY SCHOOL,
NAVANAGARA HUBLI.


33. LEELAVATHI VEERAPPA AKKI
OCC: ASST TEACHER.
W/A: BHAGINI NIVEDITHA PRIMARY SCHOOL,
NAVANAGARA HUBLI.
SINCE DECEASED BY HIS LR’S
SHIVAKUMAR SHELLIKERI
S/O: CHANDRASHEKAR
AGED ABOUT 58 YEARS,
R/A: NO.EWS/378, KARNATAKA CIRCLE,
NAVANAGARA, HUBLI.


34. JAYASHREE R KALADAGI
W/O: VAMAN N KULKARNI,
AGED ABOUT 64 YEARS,
OCC: RETIRED ASST TEACHER,
W/A: BHAGINI NIVEDITHA PRIMARY SCHOOL,
NAVANAGARA HUBLI.
R/A: NO.454, PANCHAKSHARINAGARA
NAVANAGARA, HUBLI.
DHARWAD DISTRICT.


35. MEERA BAI V KADAM
D/O: VENKAT RAO KADAM,
AGED ABOUT 69 YEARS,
OCC: RETIRED ASST TEACHER,
W/A: BHAGINI NIVEDITHA PRIMARY SCHOOL,
NAVANAGARA HUBLI,
R/A: EWS763, NAVANAGARA, HUBLI.

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36. ANASUYA CHANDRASHEKAR ANIGOL
W/O: MALLIKARJUN M MADIWALAR,
AGED ABOUT 60 YEARS,
OCC: RETIRED ASST TEACHER,
W/A: SRI. SUSHEELA THAYI AJJAYYA HIREMATH KANNADA
HIGHER PRIMARY SCHOOL,
AMMINABHAVI, HUBLI, DHARWAD.
R/A: AMMINABHAVI, HUBLI, DHARWAD DISTRICT.


37. VENKAPPA BASAVANTAPPA ITAGI
S/O: BASAVANTAPPA ITAGI,
AGED ABOUT 64 YEARS,
OCC: RETIRED ASST TEACHER,
W/A: SRI. KALMESHWARA HIGH SCHOOL
TAVARAGERI, KALGHATAGI TALUK,
DHARWAD DISTRICT.
R/A: KHB COLONY, MACHAPUR ROAD,
KALGHATAGI TALUK, DHARWAD DISTRICT.

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


3. THE COMMISSIONER COLLEGIATE EDUCATION,
HIGHER EDUCATION DEPARTMENT,
SHESHADRI ROAD, BENGALURU-560001.


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

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5. THE DEPUTY DIRECTOR OF PUBLIC
INSTRUCTIONS ADMINISTRATION,
DEPARTMENT OF PUBLIC INSTRUCTIONS,
DHARWAD-580001.

…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 31.08.2026 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 ORDER
DATED 24-07-2026 WA NO.2467/2015, 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
ORDER DATED 24-07-2026 AND WA NO.2467/2015, 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.

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


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

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ORAL ORDER
Though the matter is listed under the caption ‘Fresh
matters’, with the consent of both the counsel for the
parties, this petition is taken up for final disposal, in view
of the fact that the matter is squarely covered by the
judgment of Division Bench of this Court in W.A.
No.2476/2015 and connected matters, disposed on
24.07.2026.

2. Heard Sri G.M.Chandrashekar, learned counsel
appearing for the petitioners and Sri Sharad V. Magadum,
learned AGA appearing for respondent Nos.1 to 6/State.

3. This petition is filed by the petitioners seeking
following reliefs:
“ “a) Direct the Respondent Authorities to consider the
representation dated 31.08.2026 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 order dated 24.07.2026 WA
No.2467/2015, 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.

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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 order dated
24.07.2026 and WA No.2467/2015, 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, which sought to
exclude pre-grant service for various service and

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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

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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.”

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.

Sd/-
(T.M.NADAF)
JUDGE
CKK
CT: UMD
List No.: 1 Sl No.: 10