NAGARAJ vs THE PRINCIPAL SECRETARY
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-D:18166
WP No. 108662 of 2026
CNR: KAHC020190082026
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.108662 OF 2026 (S-RES)
BETWEEN:
1. NAGARAJ
S/O: REVANNA,
AGED ABOUT: 63 YEARS,
OCC: RETRIED D GROUP,
W/A: SRI RAMALINGESHWARA HIGH SCHOOL,
DUGGAVATHI POST, HARAPANAHALLI TALUK,
VIJAYANAGARA DISTRICT.
R/A: NO.123, KOTTUR POST,
KOTTUR TALUK, VIJAYANAGARA DISTRICT.583134.
2. ANNI NAGARAJ,
S/O: ANNI CHANDRAPPA,
AGED ABOUT 57 YEARS,
OCC: TEACHER,
W/A: SHANTINIKETHAN HIGH SCHOOL,
NAZIR NAGAR (CHIGITERE POST),
HARAPANAHALLI TALUK,
VIJAYANAGARA-DISTRICT-583134.
3. NURYANAIK L S/O: NANYANAIK L,
AGED ABOUT 59 YEARS,
OCC: CRAFT TEACHER,
W/A: SRI VENKATESHWARAHIGH SCHOOL,
GUNDGATTI VILLAGE, HARAPANAHALLI TALUK,
VIJAYANAGARA-DISTRICT-583134.
4. G JAMBUNATHA,
S/O: G CHANDRANNA,
AGED ABOUT 63 YEARS,
OCC: RETIRED CRAFT TEACHER,
W/A: SRI KAMPALARANGASWAMY HIGH SCHOOL,
HUDEM, KUDLIGI TALUK,
VIJAYANAGARA-DISTRICT.
R/A: HURULIHAL POST, KUDLIGI TALUK,
Digitally signed by
THEJAS KUMAR N
Location: High
Court of Karnataka,
Dharwad Bench
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WP No. 108662 of 2026
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VIJAYANAGARA DISTRICT-583134.
5. N NAGARAJA,
S/O: N MALLIKARJUNAGOUDA,
AGED ABOUT 62 YEARS,
OCC: HEAD MASTER,
W/A: PATIL KRISHNAMURTHY RAO MEMORIAL HIGH SCHOOL,
DASHAMUPUR, HAGARIBOMMANAHALLI,
VIJAYANAGARA-DISTRICT.
R/A: NEAR CHANUKOTEMATHA,
KOTTURU, VIJAYANAGARA-583134.
6. S KARIYAPPA,
S/O: SELTU PADAIAH,
AGED ABOUT 50 YEARS,
OCC: ASST TEACHER,
W/A: SRI VINAYAKA HIGHER PRIMARY SCHOOL,
KUDLIGI TOWN, VIJAYANAGARA-DISTRICT-583134.
7. P M JAGADEESHA,
S/O: P MANJUNATHA,
AGED ABOUT 51 YEARS,
OCC: ASST TEACHER,
W/A: SRI VINAYAKA HIGHER PRIMARY SCHOOL,
KUDLIGI TOWN, VIJAYANAGARA-DISTRICT-583134.
8. B NAGARAJA,
S/O: ERANNA,
AGED ABOUT 49 YEARS,
OCC: PE TEACHER,
W/A: SRI VINAYAKA HIGHER PRIMARY SCHOOL,
KUDLIGI TOWN, VIJAYANAGARA-DISTRICT-583134.
9. KOTRESHA,
S/O: VEERAIAH A H M,
AGED ABOUT 51 YEARS,
OCC: ASST TEACHER,
W/A: DR B R AMBEDKAR HIGHER PRIMARY SCHOOL,
DEVASAMUDRA, MALLAPPANAGUDI,
HOSPET TALUK, VIJAYANAGARA-DISTRICT-583134.
10. P VEERANNA,
S/O: RUDRAPPA,
AGED ABOUT 57 YEARS,
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WP No. 108662 of 2026
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OCC: ASST TEACHER,
W/A: DR B R AMBEDKAR HIGHER PRIMARY SCHOOL,
DEVASAMUDRA, MALLAPPANAGUDI,
HOSPET TALUK, VIJAYANAGARA-DISTRICT-583134.
11. A PURUSHOTHAMA NAYAKA,
S/O: LATE. SHARANAMMA,
AGED ABOUT 51 YEARS,
OCC: PE TEACHER,
W/A: S.B.T.M. HIGH SCHOOL
DEVASAMUDRA, MALLAPPANAGUDI,
KUDLIGI-583135, VIJAYANAGARA DISTRICT.
12. A NAGARAJ
S/O: REVANNA,
AGED ABOUT 63 YEARS,
OCC: RETIRE GROUP-D,
W/A: RAMALINGESHWARA HIGH SCHOOL,
DUGGAVATI, HARAPANAHALLI TALUK,
VIJAYANAGARA DISTRICT.
R/A: WARD NO.2, DOOR NO.123,
KOTTURU POST, KOTTURU TALUK,
VIJAYANAGARA-583134.
13. MYLARAPPA NEELAPPA GANIGA
S/O: NEELAPPA G,
AGED ABOUT 72 YEARS,
OCC: RETIRED TEACHER,
W/A: SRI RAMALINGESHWARA HIGH SCHOOL
DUGGAVATHI, HARAPANAHALLI TALUK,
VIJAYANAGARA DISTRICT.
R/A: NO.49/1, TELIGI, HARAPANAHALLI
VIJAYANAGARA DISTRICT-583134.
…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.
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2. THE ADDITIONAL COMMISSIONER,
DEPARTMENT OF SCHOOL EDUCATION AND LITERACY,
RODDA ROAD, DHARWAD-580008.
3. THE DEPUTY DIRECTOR OF PUBLIC
INSTRUCTIONS ADMINISTRATION
DEPARTMENT OF PUBLIC INSTRUCTIONS,
VIJAYANAGARA-583201.
…RESPONDENTS
(BY SRI. SHARAD V.MAGADUM, ADVOCATE FOR R1 TO R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO A) ISSUE WRIT OF
MANDAMUS 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 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) ISSUE WRIT OF
MANDAMUS 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.
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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NC: 2026:KHC-D:18166
WP No. 108662 of 2026
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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 3/State.
3. This petition is filed by the petitioners seeking
following reliefs:
“a) Issue writ of Mandamus 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 WA
No.2467/2015, WA No.2476/2015 and connected matters
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passed by the Learned Single Judge and Hon'ble Division
Bench of High Court of Karnataka, vide Annexure-A and B
respectively.
b) Issue writ of Mandamus 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.
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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
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
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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.”
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
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passed in W.A.No.2476/2015 passed by the
Division Bench of this Court.
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.: 6