SRI KRISHNAJI DATTU SALUNKE S/O DATTU SALUNKE vs THE STATE OF KARNATAKA

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IN THE HIGH COURT OF KARNATAKA AT DHARWAD


RD
DATED THIS THE 3 DAY OF NOVEMBER, 2026


BEFORE

THE HON'BLE MR. JUSTICE T.M.NADAF
WRIT PETITION NO.108544 OF 2026 (S-RES)

BETWEEN:


1. SRI. KRISHNAJI DATTU SALUNKE,
S/O DATTU SALUNKE,
AGED ABOUT 67 YEARS, OCC: RETD “ASSISTANT MASTER”,
AT SIDDHARTHA HIGH SCHOOL, BASAVANAGARA,
ILKAL TALUK, BAGALKOT DISTRICT – 587125.


2. SRI. SHANMUKHAPPA MUTTAPPA ACHANURU
S/O MUTTAPPA ACHANURU,
AGED ABOUT 60 YEARS, OCC: RETD “D GROUP”,
AT SIDDHARTHA HIGH SCHOOL, ILKAL,
BASAVANAGAR, ILKAL TALUK,
BAGALKOT DISTRICT – 587125.


3. SRI. VIRUPAXGOUDA AMBREGOUDA HALABHAVI,
S/O AMBREGOUDA HALABHAVI,
AGED ABOUT 48 YEARS, OCC: ASSISTANT MASTER,
WORKING AT SIDDHARTHA HIGH SCHOOL,
ILKAL TALUK, BAGALKOT DISTRICT – 587125.


4. SRI. SHARANAPPA BASAPPA HELAWAR,
S/O BASAPPA HELAWAR,
AGED ABOUT 46 YEARS, OCC: ASSISTANT TEACHER,
WORKING AT SHRI GURU MANTESHWAR HIGH SCHOOL,
KELUR, HUNGUND TALUK, BAGALKOT DISTRICT – 587124.


5. SRI. SHIVAYYA MALAKAJAYYA CHIKKURMATHA,
S/O MALAKAJAYYA CHIKKURMATHA,
AGED ABOUT 64 YEARS, OCC: RETD “DRAWING TEACHER”,
AT SHRI B.C. KELHAL HIGH SCHOOL, KAKANUR,
BADAMI TALUK, BAGALKOT DISTRICT - 587155.


6. SRI. LAKSHMANA J KHILARI
S/O JAAYAPPA KHILARI,
AGED ABOUT 54 YEARS, OCC: D GROUP,












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

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WORKING AT B.V.V.S. HIGH SCHOOL, KALBILAGI,
JAMKHANDI TALUK, BAGALKOT DISTRICT – 587330.


7. SRI. YALLAPPA N. TALIYAVAR,
S/O NINGAPPA,
AGED ABOUT 66 YEARS, OCC: RETD “D GROUP”,
AT SHRI KALIDAS P.U. COLLEGE,
BADAMI TALUK, BAGALKOT DISTRICT - 587201.


8. SRI. CHANNABASAPPA N. RAMADURG,
S/O NINGAPPA,
AGED ABOUT 59 YEARS, OCC: DRAWING TEACHER,
WORKING AT SHRI LAXMI RANGANATH
HIGH SCHOOL, GULEDGUDD RAILWAY STATION,
BADAMI TALUK, BAGALKOT DISTRICT - 571105.


9. SRI. FAKIRAPPA NARI
S/O BHEEMAPPA,
AGED ABOUT 60 YEARS, OCC: RETD “ASSISTANT TEACHER”,
AT SHREE KALIDAS NAVEEN MODEL
HIGHER PRIMARY SCHOOL, KULGERI CROSS,
BADAMI TALUK, BAGALKOT DISTRICT – 587155.


10. SRI. DYAVAPPA KONERI
S/O YALLAPPA,
AGED ABOUT 66 YEARS, OCC: RETD “ASSISTANT TEACHER”,
AT SHREE KALIDAS NAVEEN MODEL
HIGHER PRIMARY SCHOOL, KULGERI CROSS,
BADAMI TALUK, BAGALKOT DISTRICT – 587155.


11. SRI. HANAMANTH CHOLANNAVAR
S/O NAGAPPA,
AGED ABOUT 60 YEARS, OCC: RETD “P.E. TEACHER”,
AT SHREE KALIDAS NAVEEN MODEL
HIGHER PRIMARY SCHOOL, KULGERI CROSS,
BADAMI TALUK, BAGALKOT DISTRICT – 587155.


12. SMT. SIDDAVVA DYAVANAGOUDR
W/O FAKIRAPPA,
AGED ABOUT 46 YEARS, OCC: ASSISTANT TEACHER,
WORKING AT SHREE KALIDAS NAVEEN MODEL
HIGHER PRIMARY SCHOOL, KULGERI CROSS,
BADAMI TALUK, BAGALKOT DISTRICT – 587155.

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13. SRI.BASAVARAJ NARAGUND
S/O TIPPANNA,
AGED ABOUT 57 YEARS, OCC: ASSISTANT TEACHER,
WORKING AT VISHWA HINDU PARISHAT SANCHALIT
CHALUKYA VIDYA MANDIR HIGHER PRIMARY SCHOOL,
RANGANATHNAGAR, BADAMI TALUK,
BAGALKOT DISTRICT – 587201.


14. SRI. SHASHIDHAR VASTRADA
S/O VEERABHADRAYYA,
AGED ABOUT 59 YEARS, OCC: HEAD MASTER,
WORKING AT VISHWA HINDU PARISHAT SANCHALIT
CHALUKYA VIDYA MANDIR HIGHER PRIMARY SCHOOL,
RANGANATHNAGAR, BADAMI TALUK,
BAGALKOT DISTRICT – 587201.


15. SRI. PARASHURAMASINGH NASHI
S/O LAXMANASINGH,
AGED ABOUT 59 YEARS, OCC: P.E. TEACHER,
WORKING AT VISHWA HINDU PARISHAT SANCHALIT
CHALUKYA VIDYA MANDIR HIGHER PRIMARY SCHOOL,
RANGANATHNAGAR, BADAMI TALUK,
BAGALKOT DISTRICT – 587201.


16. SMT.VIDYAVATI BANAD
W/O SHEKARAPPA,
AGED ABOUT 59 YEARS, OCC: ASSISTANT TEACHER,
WORKING AT M.N.S BYALI HIGHER PRIMARY SCHOOL,
BADAMI TALUK, BAGALKOT DISTRICT – 587201.


17. SRI.BASAVARAJ HIREMATH
S/O RACHAYYA,
AGED ABOUT 59 YEARS, OCC: ASSISTANT TEACHER,
WORKING AT M.N.S BYALI HIGHER PRIMARY SCHOOL,
BADAMI TALUK, BAGALKOT DISTRICT – 587201.


18. SRI. ASHOK KALADAGI
S/O BASALINGAPPA,
AGED ABOUT 61 YEARS, OCC: RETD “ASSISTANT TEACHER”,
AT M.N.S BYALI HIGHER PRIMARY SCHOOL,
BADAMI TALUK, BAGALKOT DISTRICT – 587201.


19. SRI. GOVINDRAJ DADAMI
S/O TIMMANNA,

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AGED ABOUT 48 YEARS, OCC: ASSISTANT TEACHER,
WORKING AT M.N.S BYALI HIGHER PRIMARY SCHOOL,
BADAMI TALUK, BAGALKOT DISTRICT – 587201.


20. SRI. SHIVAJI SHEDDIBATTAL
S/O YAMANAPPA,
AGED ABOUT 53 YEARS, OCC: P.E. TEACHER,
WORKING AT SHAKAMBARI VIDYANIKETANA H.P.S,
CHOACHAGUDDA, BADAMI TALUK,
BAGALKOT DISTRICT – 587201.


21. SRI. ANDAPPA MYAGERI
S/O CHANNAPPA,
AGED ABOUT 59 YEARS, OCC: HEAD MASTER,
WORKING AT SHRI MARUTESHWARA H.P.S, BELUR,
BADAMI TALUK, BAGALKOT DISTRICT – 587114.


22. SRI. CHANDRAGOUD GOUDAR
S/O HANAMAGOUD,
AGED ABOUT 58 YEARS, OCC: ASSISTANT TEACHER,
WORKING AT MAYUR H.P.S, BADAMI,
BADAMI TALUK, BAGALKOT DISTRICT – 587201.

23.SMT. REHANAKHANAM MURTHUJAKHAN
W/O MOHAMMED AARIF FANIBAND,
AGED ABOUT 52 YEARS, OCC: ASSISTANT TEACHER,
WORKING AT SIDDHARTHA HIGH SCHOOL,
ILKAL TALUK, BAGALKOT DISTRICT – 587125.


24. SRI. SHIVAPPA G KORI
S/O GURUPADAPPA,
AGED ABOUT 61 YEARS, OCC: RETD “ASSISTANT TEACHER”,
AT BHAKT KANAKDAS HIGH SCHOOL,
JAMKHANDI TALUK, BANGALKOT DISTRICT – 587301.


25. SMT. SARASWATHI BADIGER
D/O MALIYAPPA,
AGED ABOUT 55 YEARS, OCC: ASSISTANT TEACHER,
WORKING AT HEMA - VEMA HIGH SCHOOL,
UGALWAT, BADAMI TALUK, BANGALKOT DISTRICT – 587206.


26. SRI. HANAMANT GUDADINNI
S/O BASAPPA,
AGED ABOUT 45 YEARS, OCC: ASSISTANT TEACHER,

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WORKING AT HEMA - VEMA HIGH SCHOOL,
UGALWAT, BADAMI TALUK, BANGALKOT DISTRICT – 587206.

…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.

2. THE COMMISSIONER,
DEPARTMENT OF SCHOOL EDUCATION AND LITERACY,
NRUPATHUNGA ROAD, BENGALURU - 560001.


3. THE COMMISSIONER,
DEPARTMENT OF PRIMARY AND SECONDARY EDUCATION,
(OFFICE OF THE ADDITIONAL COMMISSIONER
FOR SCHOOL EDUCATION)
RODDA ROAD ROAD, K.C. PARK/SAIDAPUR,
DHARWAD - 580008.

4. PRINCIPAL ACCOUNTANT GENERAL (A & E)
P.B. NO. 5329/5369, ANNEXE BUILDING,
PARK HOUSE ROAD, BENGALURU - 560001.


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


6. DEPUTY DIRECTOR OF PRE-UNIVERSITY EDUCATION
(DDPU), APMC YARD, NAVANAGAR ,
BAGALKOT DISTRICT-587103.


7. THE DEPUTY DIRECTOR OF
PUBLIC INSTRUCTIONS (DDPI),
ADMINISTRATION, DEPARTMENT OF PUBLIC
INSTRUCTIONS, BAGALKOT DISTRICT – 587103.

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8. THE BLOCK EDUCATION OFFICER (BEO),
ILKAL, ILKAL TALUK, BAGALKOT DISTRICT – 587125.

10. THE BLOCK EDUCATION OFFICER (BEO),
HUNUGUND, HUNGUND TALUK,
BAGALKOT DISTRICT - 587118.

11. THE BLOCK EDUCATION OFFICER (BEO),
BADAMI, BADAMI TALUK,
BAGALKOT DISTRICT - 587155.


12. THE BLOCK EDUCATION OFFICER (BEO),
JAMKHANDI, JAMKHANDI TALUK,
BAGALKOT DISTRICT – 587330.
…RESPONDENTS

(BY SRI. SHARAD V.MAGADUM, AGA FOR R1 TO R12)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO 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/RETIRED 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; B) ISSUE A WRIT IN
THE NATURE OF MANDAMUS DIRECTING RESPONDENTS TO
CONSIDER THE REPRESENTATIONS DATED 24.08.2026, 08.09.2026
AND 29.09.2026, IN THE LIGHT OF THE COMMON JUDGMENT DATED
24.07.2026 PASSED BY THIS HON'BLE COURT IN W.A.NO.2476/2015
AND CONNECTED MATTERS WHICH IS MARKED AT ANNEXURE-B,
AND TO EXTEND THE BENEFITS FLOWING THEREFROM TO THE
PETITIONERS, WHO ARE SIMILARLY SITUATED EMPLOYEES,
REPRESENTATION MARKED AT ANNEXURE-C. TO C7 SERIES. C)
PASS SUCH OTHER ORDER OR ORDERS, WRIT OR DIRECTION AS
THIS HON'BLE COURT MAY DEEM FIT AND PROPER IN THE FACTS
AND CIRCUMSTANCES OF THE CASE, 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’, 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.Maruthi G.B., learned counsel
appearing for the petitioners and Sri.Sharad V. Magadum,
learned AGA appearing for respondent Nos.1 to 12/State.

3. This petition is filed by the petitioner seeking
following reliefs:
“WHEREFORE, the Petitioners most respectfully pray that
this Hon’ble Court may be pleased to:
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

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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/retired 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;
b) Issue a writ in the nature of Mandamus directing
Respondents to consider the representations dated
24.08.2026, 08.09.2026 and 29.09.2026, in the light
of the common judgment dated 24.07.2026 passed by
this Hon’ble Court in W.A.No.2476/2015 and
connected matters which is marked at Annexure-B,
and to extend the benefits flowing therefrom to the
Petitioners, who are similarly situated employees,
representation marked at Annexure-C to C7 series .
c) Pass such other order or orders, writ or direction as
this Hon’ble Court may deem fit and proper in the
facts and circumstances of the case, 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

i. The Writ Petition is allowed .

ii. The mandamus is issued to the respondents-
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


SRA
CT: UMD
List No.: 1 Sl No.: 6