SRI. MAHADEVASWAMY vs THE STATE OF KARNATAKA

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HC-KAR
NC: 2026:KHC:59473
WP No. 31131 of 2026
CNR: KAHC010679462026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 27 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV
WRIT PETITION NO. 31131 OF 2026 (S-RES)
BETWEEN:
1. SRI. MAHADEVASWAMY
S/O LATE PUTTAIAH,
AGED ABOUT 56 YEARS,
OCC: DRAWING TEACHER,
WORKING AT SRI NANJUNDESHWARA
VIDYAVARDHAKA HIGH SCHOOL,
NANJUNGUD TALUK, MYSORE DISTRICT - 571301.
2. SRI. C. MAHADEVAIAH
S/O LATE CHIKKAMADEGOWDA,
AGED ABOUT 56 YEARS,
OCC: HORTICULTURE TEACHER,
WORKING AT SRI KANAKADASA SARVAJANIKA
HIGH SCHOOL, NANJUNGUD TALUK,
MYSORE DISTRICT - 571301.
Digitally
signed by
PRAKASH N
Location:
HIGH
COURT OF
KARNATAKA
…PETITIONERS
(BY SRI. MARUTHI G B., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY ITS SECRETARY,
DEPARTMENT OF SCHOOL EDUCATION AND
LITERACY,
M.S. BUILDING, VIDHANA VEEDHI,
BENGALURU - 560001.

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HC-KAR
NC: 2026:KHC:59473
WP No. 31131 of 2026
CNR: KAHC010679462026
2. THE COMMISSIONER,
DEPARTMENT OF SCHOOL EDUCATION AND
LITERACY,
NRUPATHUNGA ROAD,
BENGALURU 560001.
3. PRINCIPAL ACCOUNTANT GENERAL
(A AND AMP; E), P.B. NO. 5329/5369,
ANNEXE BUILDING, PARK HOUSE ROAD,
BENGALURU 560001.
4. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS
(DDPI), ADMINISTRATION,
DEPARTMENT OF PUBLIC INSTRUCTIONS,
N.R. MOHALLA, NARASIMHARAJA MOHALLA SUB
POST OFFICE, MYSORE,
MYSORE DISTRICT – 570007
5. THE BLOCK EDUCATION OFFICER (BEO),
NANJANGUD, NANJANGUD TALUK,
MYSORE DISTRICT - 562123.
…RESPONDENTS
(BY SMT. ASHVINI PATIL, AGA FOR R1, 2, 4 AND 5;
SRI. N. AMARESH, ADVOCATE FOR R3)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO 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 GRANT-IN-AID, FOR THE PURPOSE OF

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HC-KAR
NC: 2026:KHC:59473
WP No. 31131 of 2026
CNR: KAHC010679462026
FIXATION/RE-FIXATION OF PAY, INCREMENTS, SENIORITY,
PENSIONARY/RETIRAL BENEFITS AND ALL OTHER
CONSEQUENTIAL SERVICE BENEFITS, IN ACCORDANCE WITH
THE LAW DECLARED BY THIS HONBLE COURT IN
W.A.NO.2476/2015 RELAVANT PORTION DATED 29.07.2026
AND CONNECTED MATTERS, WHICH IS MARKED AT
ANNEXURE-B AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV
ORAL ORDER
1. Learned Additional Government Advocate
accepts notice for respondents No.1, 2, 4 and 5.
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

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HC-KAR
NC: 2026:KHC:59473
WP No. 31131 of 2026
CNR: KAHC010679462026
service rendered prior to admission of their
respective posts to 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 29.07.2026, which is marked at
Annexure-B;
b) Issue a writ in the nature of Mandamus
directing respondents to consider the representation
dated 14.08.2026, in the light of the common
judgment dated 24.07.2026 passed by this Hon'ble
Court in W.A.No.2476/2015 and relevant portion on
Annexure-B and connected matters, and to extend
the benefits flowing therefrom to the petitioners, who
are similarly situated employees, representation
marked at Annexure-C.
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

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HC-KAR
NC: 2026:KHC:59473
WP No. 31131 of 2026
CNR: KAHC010679462026
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
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

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HC-KAR
NC: 2026:KHC:59473
WP No. 31131 of 2026
CNR: KAHC010679462026
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
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."

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HC-KAR
NC: 2026:KHC:59473
WP No. 31131 of 2026
CNR: KAHC010679462026
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.2 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
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