SRI LAXMAN APPAJI TUDAVEKAR S/O APPAJI PARASHARAM TUDAVEKAR vs THE STATE OF KARNATAKA

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IN THE HIGH COURT OF KARNATAKA AT DHARWAD


TH
DATED THIS THE 30 DAY OF OCTOBER, 2026


BEFORE

THE HON'BLE MR. JUSTICE T.M.NADAF
WRIT PETITION NO.108492 OF 2026 (S-RES)

BETWEEN:




1. SRI. LAXMAN APPAJI TUDAVEKAR
S/O. APPAJI PARASHARAM TUDAVEKAR,
AGED ABOUT 63 YEARS, OCC: RETD “ASSISTANT TEACHER”,
AT SHRI NAGANATH HIGH SCHOOL, BEKKINKERE,
BELAGAVI TALUK, BELAGAVI DISTRICT – 591128.

2. SRI. LAXMAN PANDURANG DESAI
S/O. PANDURANG DESAI,
AGED ABOUT 58 YEARS, OCC: HEAD MASTER,
WORKING AT SHRI NAGANATH HIGH SCHOOL,
BEKKINKERE, BELAGAVI TALUK,
BELAGAVI DISTRICT – 591128.

3. SRI. CHANDRAKANT R. PATIL
S/O. RAMCHANDRA,
AGED ABOUT 62 YEARS, OCC: RETD “P.E. TEACHER”,
WORKING AT RAJARSHISHAU HIGH SCHOOL,
OLAMANI, KHANAPUR TALUK,
BELAGAVI DISTRICT – 591108.

4. SRI. PARASHARAM GUNDU TARIHALKAR
S/O. GUNDU,
AGED ABOUT 62 YEARS, OCC: RETD “ASSISTANT TEACHER”,
AT SHRI JOMALINGESHWAR HIGH SCHOOL, DEVAGIRI,
BELAGAVI TALUK, BELAGAVI DISTRICT – 591143.


5. SRI. ARJUN MEGERI S/O. YAMANAPPA,
AGED ABOUT 62 YEARS, OCC: RETD “D GROUP”,
AT K.L.E SOCIETYS SCHOOL ANKALI,
CHIKKODI TALUK, 591213.
R/A MAHALINGESHWAR NAGAR 145/C
GOKAK TALUK, BELAGAVI DISTRICT – 591301.












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

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6. SRI. RAVINDRAKIRAGI S/O. LATE SANGAPPA,
AGED ABOUT 49 YEARS, OCC: “D GROUP”
WORKINGAT K.L.E SSOCIETIES SCHOOL,ANKALI,
CHIKKODI TALUK, BELAGAVI DISTRICT – 591213.


7. SRI. DEVARADDI KENCHAPPANAVAR S/O. SHIVAPPA,
AGED ABOUT 60 YEARS, OCC: RETD “ASSISTANT TEACHER”,
AT BALAKIYAR NUTAN HIGHER PRIMARY SCHOOL,
RAMADURGA TALUK, BELAGAVI DISTRICT– 591123.

AND ALSO
SRI. DEVARADDI KENCHAPPANAVAR S/O. SHIVAPPA,
AGED ABOUT 60 YEARS, MUSHTIGERI,
BADAMI TALUK, BAGALKOT DISTRICT – 587206.


8. SRI. LAXMAN KUSHNAPPA TOLANAR
S/O. KUSHNAPPA,
AGED ABOUT 60 YEARS, OCC: RETD “ASSISTANT TEACHER”,
AT BIRDS K H P S NAVAPRABHA TUKKANATTI,
MUDALGI TALUK, BELAGAVI DISTRICT – 591224.


9. SRI. MALLAPPA APPAYYA KAROLI S/O. APPAYYA,
AGED ABOUT 58 YEARS, OCC: “ASSISTANT TEACHER”,
WORKING AT BIRDS K H P S NAVAPRABHA TUKKANATTI,
MUDALGI TALUK, BELAGAVI DISTRICT – 591224.


10. SRI. DADA DATTU KATAKAR S/O. DATTU,
AGED ABOUT 47 YEARS, OCC: ASSISTANT TEACHER,
WORKING AT SRI RAMALINGESHWARA HIGH SCHOOL,
HOSAKOTI, BAILHONGAL TALUK,
BELAGAVI DISTRICT - 591121.

11. SRI. MRITYUNJAYA S. KHODANPUR S/O. SADANAND,
AGED ABOUT 47 YEARS, OCC: “S.D.A”
WORKING AT SRI RAMALINGESHWARA HIGH SCHOOL,
HOSAKOTI, BAILHONGAL TALUK,
BELAGAVI DISTRICT - 591121.

12. SRI. BALAGOUDA S.KARALINGANNAVAR S/O. SIDDAPPA,
AGED ABOUT 57 YEARS, OCC: “ASSISTANT TEACHER”
WORKING AT SRI RAMALINGESHWARA HIGH SCHOOL,
HOSAKOTI, BAILHONGAL TALUK,
BELAGAVI DISTRICT - 591121.

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13. SRI. SADASHIVA SANGAPPA MANGASUL S/O. SANGAPPA,
AGED ABOUT 53 YEARS, OCC: “ASSISTANT TEACHER”
WORKING AT SRI RAMALINGESHWARA HIGH SCHOOL,
HOSAKOTI, BAILHONGAL TALUK,
BELAGAVI DISTRICT - 591121.

14. SRI. BASAVARAJ A.NAIKAR S/O. SADANAND,
AGED ABOUT 44 YEARS, OCC: “P.E. TEACHER”
WORKING AT SRI RAMALINGESHWARA HIGH SCHOOL,
HOSAKOTI, BAILHONGAL TALUK,
BELAGAVI DISTRICT - 591121.

15. SRI. ANNAPPA K.MANG S/O. KALLAPPA,
AGED ABOUT 53 YEARS, OCC: “ASSISTANT TEACHER”
WORKING AT SRI RAMALINGESHWARA HIGH SCHOOL,
HOSAKOTI, BAILHONGAL TALUK,
BELAGAVI DISTRICT - 591121.

16. SMT. RENUKA M.ENAGI S/O. MALLAPPA,
AGED ABOUT 48 YEARS, OCC: “ASSISTANT TEACHER”,
WORKING AT SRI RAMALINGESHWARA HIGH SCHOOL,
HOSAKOTI, BAILHONGAL TALUK,
BELAGAVI DISTRICT - 591121.

17. SRI. NINGANAIK S.CHIVATAGUNDI S/O. SIDDANAIK,
AGED ABOUT 58 YEARS, OCC: “DRAWING TEACHER”,
WORKING AT SRI RAMALINGESHWARA HIGH SCHOOL,
HOSAKOTI, BAILHONGAL TALUK,
BELAGAVI DISTRICT - 591121.

18. SRI. LAXMANA S.TALAWAR S/O. SIDDAPPA,
AGED ABOUT 55 YEARS, OCC: “D GROUP”,
WORKING AT SRI RAMALINGESHWARA HIGH SCHOOL,
HOSAKOTI, BAILHONGAL TALUK,
BELAGAVI DISTRICT - 591121.

19. SRI. BASAPPA M. KIVUDI, S/O. MUNEPPA,
AGED ABOUT 59 YEARS, OCC: “D GROUP”
WORKING AT SRI BASAVESHWARA HIGH SCHOOL, PATTIHAL,
BAILHONGAL TALUK, BELAGAVI DISTRICT - 591121.

20. SRI. PRAKASH G.BHARAMANNAVAR
S/O. GANGAPPA,
AGED ABOUT 57 YEARS, OCC: “S.D.A”,

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WORKING AT SRI MARADI BASAVESHWARA
HIGH SCHOOL, INDRA NAGAR, BAILHONGAL TALUK,
BELAGAVI DISTRICT - 591102.

21. SRI. GOUDAPPA B.PARVATAGOUDAR
S/O. BASAVANTAPPA,
AGED ABOUT 54 YEARS, OCC: “ASSISTANT TEACHER”
WORKING AT SRI MARADI BASAVESHWARA HIGH SCHOOL,
INDRA NAGAR, BAILHONGAL TALUK,
BELAGAVI DISTRICT - 591102.

22. SRI. BHARATI P RAO S/O. PUNDLIK RAO,
AGED ABOUT 50 YEARS, OCC: “HEAD MASTER”
WORKING AT SRI MARADIBASAVESHWARA HIGH SCHOOL,
INDRA NAGAR, BAILHONGAL TALUK,
BELAGAVI DISTRICT - 591102.

23. SRI. ADIVEPPA S.MUTAWAD S/O. SIDDAPPA,
AGED ABOUT 52 YEARS, OCC: “DRAWING TEACHER”,
WORKING AT SRI MARADI BASAVESHWARA HIGH SCHOOL,
INDRA NAGAR, BAILHONGAL TALUK,
BELAGAVI DISTRICT - 591102.

24. SRI. MALLESHAPPA KALIAN S/O.BASAVANTAPPA,
AGED ABOUT 66 YEARS, OCC: RETD “ASSISTANT TEACHER”,
AT SRI MARADI BASAVESHWARA HIGH SCHOOL, INDRA
NAGAR, BAILHONGAL TALUK, BELAGAVI DISTRICT - 591102.

25. BASAVARAJ V.DEMATTI S/O.VEERAPPA,
AGED ABOUT 62 YEARS, OCC: RETD “P.E TEACHER”,
WORKING AT SRI MARADI BASAVESHWARA HIGH SCHOOL,
INDRA NAGAR, BAILHONGAL TALUK,
BELAGAVI DISTRICT - 591102.

26. SRI. SUVARNA V.PARANDI S/O.VEERAPPA,
AGED ABOUT 50 YEARS, OCC: “ASSISTANT TEACHER”,
WORKING AT SRI MARADI BASAVESHWARA HIGH SCHOOL,
INDRA NAGAR, BAILHONGAL TALUK,
BELAGAVI DISTRICT - 591102.

27. SRI. PUNDALIK S.BHARAM ANNAVAR
S/O. SHIVAPPA,
AGED ABOUT 61 YEARS, OCC: RETD “D GROUP”,
AT SRI MARADI BASAVESHWARA HIGH SCHOOL,

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INDRA NAGAR, BAILHONGAL TALUK,
BELAGAVI DISTRICT - 591102.

28. SRI. BANDEPPA R.PATIL S/O. RAMAPPA,
AGED ABOUT 56 YEARS, OCC: D GROUP,
WORKING AT KITTUR RANI CHENNAMMA GIRLS HIGH SCHOOL,
BAILHONGAL TALUK, BELAGAVI DISTRICT - 591102.


29. ZAHEEDA BALEKUNDRI
W/O. MOHAMMEDIQBAL KOTWAL,
AGED ABOUT 57 YEARS, OCC: ASSISTANT TEACHER,
WORKING AT AL-AMEN URDU HIGHER SCHOOL,
B.C NO -6, BELAGAVI TALUK, BELAGAVI DISTRICT – 590016.


30. FAKEERAPPA P.MADAR S/O.PADIYAPPA,
AGED ABOUT 57 YEARS, OCC: D GROUP,
WORKING AT M.S.S. HIGH SCHOOL, MULLUR,
RAMADURG TALUK, BELAGAVI DISTRICT – 591123.


31. SRI. BASAGOUDA S.GOUDAR S/O. SADASHIVA,
AGED ABOUT 62 YEARS, OCC: RETD “ASSISTANT MASTER”,
AT SHRI MAHALAXMI HIGH SCHOOL, MUSAGUPPI,
MUDALGI TALUK, BELAGAVI DISTRICT -591227,
R/AT NEAR VEERABHADRESHWAR TEMPLE,
NESARAGI, TQ. BAILHONGAL –591121.

32. SRI. NINGAPPA M.GUDAGUDI S/O. MUDUKAPPA,
AGED ABOUT 57 YEARS, OCC: “DRAWING MASTER”,
WORKING AT SHRI MAHALAXMI HIGH SCHOOL,
MUSAGUPPI, MUDALGI TALUK, BELAGAVI DISTRICT -591227.

33. SRI. SURESH C.NAVI S/O. CHANNAPPA,
AGED ABOUT 52 YEARS, OCC: D GROUP,
WORKING AT SHRI MAHALAXMI HIGH SCHOOL,
MUSAGUPPI, MUDALGI TALUK, BELAGAVI DISTRICT -591227.


34. SRI. PRAHLAD K.NADIGER S/O. KRISHNARAO,
AGED ABOUT 60 YEARS, OCC: RETD “SDA”
AT NAYAK STUDENT FEDERATION HIGH SCHOOL, KULGOD,
R/A OPPOSITE SAI MANDIR VIDYANAGAR,
MUDALGI TALUK, BELAGAVI DISTRICT – 591310.

35. SRI. ASHOK V.MALALI S/O. VENKAPPA,
AGED ABOUT 64 YEARS, OCC: RETD “ASSISTANT TEACHER”,

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AT NAYAK STUDENT FEDERATION HIGH SCHOOL, KULGOD,
R/A A/P KULGOD, MUDALGI TALUK,
BELAGAVI DISTRICT – 591310.

36. SRI. BALAGOWDA A.BANGARI S/O. ANNAPPA,
AGED ABOUT 61 YEARS, OCC: RETD “P E TEACHER”,
AT NAYAK STUDENT FEDERATION HIGH SCHOOL, KULGOD,
R/A A/T KARAJAGA,BAADA TQ HUKKERI - MUDALGI TALUK,
BELAGAVI DISTRICT – 591310.

37. SRI. SHIVALINGAYYA P.KABBURAMATH
S/O. PAVADEYYA,
AGED ABOUT 58 YEARS, OCC: “ASSISTANT TEACHER”,
WORKING AT NAYAK STUDENT FEDERATION HIGH SCHOOL,
KULGOD, MUDALGI TALUK, BELAGAVI DISTRICT – 591310.

38. SRI. BASAPPA D.BUDNI M/O. DURAGAVVA,
AGED ABOUT 52 YEARS, OCC: “ASSISTANT TEACHER”,
WORKING AT NAYAK STUDENT FEDERATION HIGH SCHOOL,
KULGOD, MUDALGI TALUK, BELAGAVI DISTRICT – 591310.

39. SRI. CHIDANAND K.HONNAIK S/O. KALLAPPA,
AGED ABOUT 51 YEARS, OCC: “DRAWING TEACHER”,
WORKING AT NAYAK STUDENT FEDERATION HIGH SCHOOL,
KULGOD, MUDALGI TALUK, BELAGAVI DISTRICT – 591310.

40. SRI. ANAND VITTAL HULAJI S/O. VITTAL HULAJI,
AGED ABOUT 58 YEARS, OCC: P.E. TEACHER,
WORKING AT SHRI NAGANATH H.S. BEKKINKERE,
BELAGAVI TALUK, BELAGAVI DISTRICT - 591128.

41. SRI. YALLAPPA NAGO CHOPADE
S/O. NAGO BADAKU CHOPADE,
AGED ABOUT 60 YEARS, OCC:RETD “S.D.A”,
AT SHRI NAGANATH H.S. BEKKINKERE,
BELAGAVI TALUK, BELAGAVI DISTRICT - 591128.

42. SRI. SUNIL PUNDLIK HALGEKAR
S/O. PUNDLIK G.HALGEKAR,
AGED ABOUT 60 YEARS, OCC:RETD “ASSISTANT TEACHER”,
AT SHRI NAGANATH H.S. BEKKINKERE,
BELAGAVI TALUK, BELAGAVI DISTRICT - 591128.

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43. SRI. ARUN D.DHAMANEKAR
S/O. DUDDAPPA DHAMANEKAR,
AGED ABOUT 61 YEARS, OCC: RETD “HEAD MASTER”,
AT SHRI CHANGLESHWARI HIGH SCHOOL, YELLUR,
BELAGAVI TALUK, BELAGAVI DISTRICT - 590005.

44. SRI. SAMBHAJI K. KADAM
S/O. KRISHNAJI R.KADAM,
AGED ABOUT 65 YEARS, OCC: RETD “HEAD MASTER”,
AT SHRI KHADARWADI HIGH SCHOOL, KHADAWADI TALUK,
BELAGAVI DISTRICT - 590008.

45. SHEHANAZ M.MADIWALE
W/O. MOHEMMEDHUSSAIN MADIWALE,
AGED ABOUT 66 YEARS, OCC: RETD “ASSISTANT TEACHER”,
AT AL-AMEEN URDU HIGHER PRIMARY SCHOOL,
BC NO-6 FORT, BELAGAVI CITY TALUK,
BELAGAVI DISTRICT – 590016.

46. KHURSHID H PATHAN
W/O. HASHAM SAHEB PATHAN,
AGED ABOUT 71 YEARS, OCC: RETD “ASSISTANT TEACHER”,
AT AL-AMEEN URDU HIGHER PRIMARY SCHOOL,
BC NO-6 FORT, BELAGAVI CITY TALUK,
BELAGAVI DISTRICT – 590016.

47. FARIDA D.SHAIKH W/O. MAGDUM NAIK,
AGED ABOUT 65 YEARS, OCC: RETD “ASSISTANT TEACHER”,
AT AL-AMEEN URDU HIGHER PRIMARY SCHOOL,
BC NO-6 FORT, BELAGAVI CITY TALUK,
BELAGAVI DISTRICT – 590016.
…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.

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3. THE COMMISSIONER,
DEPARTMENT OF SCHOOL EDUCATION AND LITERACY,
(OFFICE OF THE ADDITIONAL COMMISSIONER
FOR SCHOOL EDUCATION) DHARWAD - 580008.


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


5. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS (DDPI),
ADMINISTRATION, DEPARTMENT OF PUBLIC INSTRUCTIONS,
BELAGAVI DISTRICT – 590001.


6. THE BLOCK EDUCATION OFFICER(BEO),
HUKKERI, HUKKERI TALUK, BELAGAVI DISTRICT – 591309.


7. THE BLOCK EDUCATION OFFICER(BEO),
MUDALGI, MUDALGI TALUK,
BELAGAVI DISTRICT - 591224.


8. THE BLOCK EDUCATION OFFICER (BEO),
CHIKKODI, CHIKKODI TALUK,
BELAGAVI DISTRICT-591201.


9. THE BLOCK EDUCATION OFFICER (BEO),
RAMADURGA, RAMADURGA TALUK,
BELAGAVI DISTRICT-591123.


10. THE BLOCK EDUCATION OFFICER (BEO),
BAILHONGAL, BAILHONGAL TALUK,
BELAGAVI DISTRICT – 591102.


11. THE BLOCK EDUCATION OFFICER (BEO),
BELAGAVI, BELAGAVI TALUK,
BELAGAVI DISTRICT – 590016.


12. THE BLOCK EDUCATION OFFICER (BEO),
KHADAWADI, KHADAWADI TALUK,
BELAGAVI DISTRICT – 590008.
…RESPONDENTS
(BY SMT. KIRTILATA R.PATIL, HCGP)

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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 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
DATED 24.07.2026 RELEVANT PORTION 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 14.08.2026, 24.08.2026 AND
08.09.2026, IN THE LIGHT OF THE RELEVANT PORTION COMMON
JUDGMENT DATED 24.07.2026 PASSED BY THIS HON’BLE COURT IN
W.A.NO.2476/2015 RELEVANT PORTION AND CONNECTED MATTERS,
AND TO EXTEND THE BENEFITS FLOWING THEREFROM TO THE
PETITIONERS, WHO ARE SIMILARLY SITUATED EMPLOYEES,
REPRESENTATION MARKED AT ANNEXURE-C TO C 10 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.
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. Maruthi G.B., learned counsel
appearing for the petitioners and Smt. Kirtilata R. Patil,
learned HCGP appearing for respondents.

3. This petition is filed by the petitioners seeking
following reliefs:
“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 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
Dated 24.07.2026 Relevant portion and connected
matters, which is marked at Annexure-B;

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b) Issue a writ in the nature of Mandamus directing
respondents to consider the representations dated
14.08.2026, 24.08.2026 and 08.09.2026, in the light of
the Relevant portion common judgment dated
24.07.2026 passed by this Hon’ble Court in
W.A.No.2476/2015 Relevant portion and connected
matters, and to extend the benefits flowing therefrom to
the Petitioners, who are similarly situated employees,
representation marked at Annexure-C to C 10 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,
which sought to exclude pre-grant service for various
service and pensionary benefits. The State was in appeal

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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
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

RKM
CT: UMD
List No.: 1 Sl No.: 9