SRI GANESH K S vs THE STATE OF KARNATAKA
- Court
- Karnataka High Court
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 14 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV
WRIT PETITION NO. 31263 OF 2026 (S-RES)
BETWEEN:
1. SRI GANESH K S
S/O SOMASHEKARAIAH,
AGED ABOUT 56 YEARS,
WORKING AS ASSISTANT TEACHER
SMT. PUTTATHAYAMMA HIGH SCHOOL
CA-1, 3RD STAGE, SRIRAMPURA,
MYSURU.
2. SRI NAGESH B.S.
S/O SHIVARAJACHARI
AGED ABOUT 56 YEARS
WORKING AS PHYSICAL EDUCATION TEACHER
SMT. PUTTATHAYAMMA HIGH SCHOOL
CA-1, 3RD STAGE, SRIRAMPURA
MYSURU.
Digitally signed
by PRAKASH N
Location: HIGH
COURT OF
KARNATAKA
3. SMT. RUPA
W/O VISHWANATHARAO K.R.
AGED ABOUT 61 YEARS
RETIRED ASSISTANT TEACHER
SMT. PUTTATHAYAMMA HIGH SCHOOL
CA-1, 3RD STAGE, SRIRAMPURA
MYSURU
R/A NO.298/4, ARKANATHA ROAD
1ST MAIN, K.R.NAGARA-571 602.
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4. SRI VENKATESH GOWDA S.D.
S/O S. V. DASEGOWDA
AGED ABOUT 56 YEARS
WORKING AS HORTICULTURE TEACHER
SMT. PUTTATHAYAMMA HIGH SCHOOL
CA-1, 3RD STAGE, SRIRAMPURA
MYSURU.
5.
SRI JAYANNA M
LATE MANCHEGOWDA
AGED ABOUT 62 YEARS
RETIRED LECTURER
SVP PU COLLEGE
SARJAPURA, BENGALURU.
R/AT NO.347, 9TH MAIN
M.S. ENCLAVE
NEAR NAGASANDRA METRO STAGE
BENGALURU.
6. SRI M. BASAVANNA
S/O LATE MAHADEVAPPA
AGED ABOUT 59 YEARS
WORKING AS ASSISTANT TEACHER
J.S.S. HIGH SCHOOL
GIRIYA BHOVI PALYA (RAGHAVENDRA NAGARA)
MYSURU 570 029.
7. SRI GANESH S.
S/O SHIVAPPA
AGED ABOUT 52 YEARS
WORKING AS ASSISTANT TEACHER
J.S.S. HIGH SCHOOL
HALLIKEREHUNDI
GNAGANUR POST
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CHAMARAJANAGARA
TALUK AND DISTRICT-571 124.
8.
SMT. LALITHA H.S.
W/O LATE JAGADISH
AGED ABOUT 57 YEARS
WORKING AS ARTS TEACHER
J.S.S. HIGH SCHOOL
MYLASANDRA
KENGERI POST
BENGALURU-560 060.
9.
SRI M.P. PRABHU
S/O C. H. PARAMESHWARAPPA
AGED ABOUT 61 YEARS
RETIRED TYPIST
SRI VINAYAKA JUNIOR COLLEGE
NITTUR GUBBI TALUK
TUMKUR DISTRICT
R/AT KESHAVA NILAYA
5TH CROSS, BASAVESHWARA BADAVANE
S.S. MUTT ROAD
KAYATSANDRA
TUMKUR-572 104.
10.
SMT. CHANDRAKALA
W/O LATE ARASAPPA
AGED ABOUT 59 YEARS
WORKING AS GROUP-D EMPLOYEE
VASAVI COMPOSITE PU COLLEGE
SIT MAIN ROAD
TUMKUR.
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11. SRI NARAPPA G. B
W/O G. BASAPPA
AGED ABOUT 62 YEARS
RETIRED GROUP-D EMPLOEE
SMT. NAGAMMA KESHAVAMURTHY
RURAL HIGH SCHOOL
HUCHHAVVANAHALLI POST
DAVANGERE TALUK AND DISTRICT
R/O HUCHHAVVANAHALLI POST
DAVANGERE TALUK AND DISTRICT.
12. SRI H. THIMMAPPA
S/O HANUMANTHAPPA
AGED ABOUT 56 YEARS
WORKING AS SECOND DIVISION ASSISTANT
SRI MANJUNATHASWAMY RURAL HIGH SCHOOL
KYATHAGANAHALLI
PAVAGADA TALUK
TUMKUR DISTRICT - 572 116.
13. SRI S. SWARAPPA
S/O SWARANAYAKA L
AGED ABOUT 50 YEARS
WORKING AS CRAFT TEACHER
THIRUMALA RAGHAVENDRA HIGH SCHOOL
MANGALAVADA
PAVAGADA TALUK
TUMKUR DISTRICT - 572 116.
14. SRI KAVALAPPA B
S/O BOMMALINGAPPA
AGED ABOUT 59 YEARS
WORKING AS GROUP-D EMPLOYEE
THIRUMALA RAGHAVENDRA HIGH SCHOOL
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MANGALAVADA
PAVAGADA TALUK
TUMKUR DISTRICT - 572 116.
15. SRI RAJAKUMARA P
S/O SIDDAPPA P
AGED ABOUT 36 YEARS
WORKING AS ASSISTANT TEACHER
SRI RAGHAVEDNRA HIGH SCHOOL
NITTUVALLI
DAVANGERE - 577 006.
16. SRI MAHESHWARAPPA M V
S/O VIRUPAKSHAPPA
AGED ABOUT 42 YEARS
WORKING AS ASSISTANT TEACHER
SRI YAJAMAN BELLUDI SOMESHEKHARAPPA
GOWRAMMA HIGH SCHOOL
3RD MAIN, 9TH CROSS,
VINOBHA NAGAR
DAVANGERE - 577 006.
17.
SRI N. PUTTARAJU
S/O NINGAIAH
AGED ABOUT 63 YEARS
RETIRED ASSISTANT TEACHER
CHAMPAKADAMA HIGH SCHOOL
BANNERGHATTA
ANEKAL TALUK
BENGALURU DISTRICT.
R/O NO.31, 2ND CROSS
CHAMANNA LAYOUT
GOTTIGERE
BANNERBHATTA ROAD
BENGALURU-560 083.
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18. SRI SUDHAKAR K
S/O KARIBASAPPA
AGED ABOUT 61 YEARS
RETIRED SECOND DIVISION ASSISTANT
S.S.V. PU COLLEGE
JADE
SORABA TALUK
SHIVAMOGGA DISTRICT - 577 419.
R/AT TAVANANDI
SORABAA TALUK
SHIVAMOGGA DISTRICT.
19. SRI KESARI SHIVANAND FAKKIRAPPA
S/O FAKKIRAPPA KESARI
AGED ABOUT 62 YEARS
RETIRED LECTURER
SHRI SHIDDAVRUSHABENDRA
PU COLLEGE
JADE
SORABA TALUK
SHIVAMOGGA DISTRICT - 577 419.
R/AT JADE
SORABA TALUK
SHIVAMOGGA DISTRICT - 577 419.
20. SRI LAKSHMINARAYAN BHAT
S/O RAMACHANDRA BHAT
AGED ABOUT 63 YEARS
RETIRED LECTURER
S.S.V. PU COLLEGE
JADE
SORABA TALUK
SHIVAMOGGA DISTRICT - 577 419.
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R/AT SIRSIMAKKI
SIRSI TALUK
UTTARA KANNADA DISTRICT -581 340.
21. SRI SUBHAS THAMMANNA MARATHI
S/O THAMMANNA MARATHI
AGED ABOUT 61 YEARS
RETIRED LIBRARIAN
S.S.V. PU COLLEGE
JADE
SORABA TALUK
SHIVAMOGGA DISTRICT - 577 419.
R/AT MAKOPPA
JADE
SORABA TALUK
SHIVAMOGGA DISTRICT - 577 419.
22. SMT. JYOTHI M. P.
W/O G. S. VENKATA KRISHNA
AGED ABOUT 54 YEARS
WORKING AS ASSISTANT TEACHER
J.S.S. HIGH SCHOOL
S.S. NAGARA
BANNIMANTAPA
MYSURU - 570 015.
23. SRI PARAMESH B.S
S/O SIDDALINGAIAH B.M.,
AGED ABOUT 61 YEARS
RETIRED SECOND DIVISION ASSISTANT
SRI MAHALINGASWAMY RURAL PU COLLEGE
HUNASANAHALLI
KANAKAPURA TALUK
BENGALURU SOUTH DISTRICT-562 119.
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R/AT BILIDALE
KOLAGONDANAHALLI
KANAKAPURA TALUK
BENGALURU SOUTH DISTRICT 562 119.
24. SRI. RUPA CHANDRA NAIK T.G.
S/O GOVINDA NAIK
AGED ABOUT 57 YEARS
WORKING AS LECTURER
SRI MAHALINGASWAMY RURAL PU COLLEGE
HUNASANAHALLI
KANAKAPURA TALUK
BENGALURU SOUTH DISTRICT - 562 119.
25. SRI SEEGAIAH
S/O SEEGA NAYAKA
AGED ABOUT 54 YEARS
WORKING AS LECTURER
SRI MAHALINGASWAMY RURAL PU COLLEGE
HUNASANAHALLI
KANAKAPURA TALUK
BENGALURU SOUTH DISTRICT - 562 119.
26. SMT. KAVITHA K. S.
D/O SHIVANNA
WORKING AS KANNADA LECTURER
SRI MAHALINGASWAMY RURAL PU COLLEGE
HUNASANAHALLI
KANAKAPURA TALUK
BENGALURU SOUTH DISTRICT - 562 119.
27.
SRI CHIKKAKEMPAIAH C. S.
S/O LATE SIDDAIAH
AGED ABOUT 62 YEARS
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RETIRED PHYSICAL EDUCATION TEACHER
SRI MAHALINGASWAMY RURAL HIGH SCHOOL
HUNASANAHALLI
KANAKAPURA TALUK
BENGALURU SOUTH DISTRICT-562 119.
R/AT CHIKKAMUKKODLU
BANNIMUKKODLU POST
KANAKAPURA TALUK
BENGALURU SOUTH DISTRICT-562 119.
28. SRI MAHESGH S. B.
S/O BASAVANNA
AGED ABOUT 55 YEARS
WORKING AS ASSISTANT TEACHER
SRI MAHALINGASWAMY RURAL HIGH SCHOOL
HUNASANAHALLI
KANAKAPURA TALUK
BENGALURU SOUTH DISTRICT - 562 119.
29.
SRI A. N. BHEEMARAJU
S/O NINGAPPA
AGED ABOUT 66 YEARS
RETIRED GROUP-D EMPLOYEE
SRI MALLIKARJUNASWAMY RURAL HIGH SCHOOL
HEMAGIRI
KADUR TALUK
CHICKAMAGALURU DISTRICT - 577 548.
R/AT ANUVANAHALLI
SHIVANI POST
AJJUMPURA TALUK
CHICKAMAGALURU DISTRICT - 577 549.
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30. SRI A. C. KUMARASWAMY
S/O CHANNABASAPPA
AGED ABOUT 62 YEARS
KANNADA NUTANA HIGH SCHOOL
AJJUMPURA
CHICKAMAGALURU DISTRICT - 588 547.
R/AT SHIVANI POST
AJJUMPURA TALUK
CHICKAMAGALURU DISTRICT - 588 549.
31.
SRI JAYASHANKAR B
S/O BASAVAIAYH K
AGED ABOUT 61 YEARS
RETIRED PEON
GES PU COLLEGE
NO.1224, 8TH CROSS
HIG HOUSING COLONY
YELAHANKA NEW TOWN
BENGALURU-560 064.
R/AT NO.317, 174, GUBBALALA
SUBRAMANYAPURA POST
KANAKAPURA MAIN ROAD
BENGALURU SOUTH - 560 061.
32. SRI M. N.CHANNABASAPPA
S/O NANJUNDAPPA GOWDA
AGED ABOUT 74 YEARS
RETIRED PRINCIPAL
SHREE SIDDA VRUSHABENDRA PU COLLEGE
JADGE
SORABA TALUK-577 419
SHIVAMOGGA DISTRICT
R/AT JADE
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SORABA TALUK-577 419
SHIVAMOGGA DISTRICT.
33. SMT. MEENAKSHAMMA
W/O LATE SHIVAPUTRAPPA
AGED ABOUT 53 YEARS
JADE, KALLIGGERI
SORABA TALUK-577 419
SHIVAMOGGA DISTRICT.
THE PETITIONER IS THE LEGAL HEIR/WIFE OF
DECEASED EMPLOYEE
SRI SHIVAPUTRAPPA
S/O HANUMANTAPPA
RETIRED GROUP-D OFFICIAL
SHREE SIDDA VRUSHABENDRA PU COLLEGE
JADE
SORABAA TALUK - 577 419
SHIVAMOGGA DISTRICT.
34.
SRI RAJAPPA
S/O KERIYAPPA
AGED ABOUT 57 YEARS
WORKING AS GROUP-D EMPLOYEE
SHREE SIDDA VRUSHABENDRA PU COLLEGE
JADGE
SORABA TALUK-577419
SHIVAMOGGA DISTRICT.
35. SMT. SHALEEL JOHN
D/O K. M. JOHN
AGED ABOUT 57 YEARS
WORKING AS SECOND DIVISION ASSISTANT
ST. PAUL'S CONVENT GIRL'S HIGH SCHOOL
P.J. EXTENSION, DAVANGERE-577 002.
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36. SMT. MAMATHA J
W/O LATE RANGASWAMY
MAJOR IN AGE
R/AT 3RD MAIN, 11TH CROSS
VINOBANAGAR
DAVANGERE-577 004.
THE PETITIONER IS THE LEGAL HEIR/WIFE OF
DECEASED EMPLOYEE
SRI RANGASWAMY
S/O NARASAPPA
RETIRED ATTENDER
ST. PAUL'S CONVENT GIRL'S HIGH SCHOOL
P.J. EXTENSION
DAVANGERE - 577 002.
37. SMT. IMMIDI RADHA MALATHI
W/O M. C. JAGADISH
AGED ABOUT 61 YEARS
RETIRED ASSISTANT TEACHER
ST. PAUL'S CONVENT GIRL'S HIGH SCHOOL
P.J. EXTENSION
DAVANGERE - 577 002.
R/AT NO.387/2, 1ST MAI9N
NIJALINGAPPA LAYOUT
DAVANGERE - 577 004.
38. SRI VENKATESH L
S/O LAKKAPPA
AGED ABOUT 50 YEARS
WORKING AS ASSISTANT TEACHER
SRI MARUTHI HIGH SCHOOL
VIDYANAGARA
DAVANGERE 577 505.
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39. SRI BALARAJA H
S/O SHARANAPPA H
AGED ABOUT 56 YEARS
WORKING AS DRAWING TEACHER
SRI RAGHAVENDRA HIGH SCHOOL
NITTUVALLI
DAVANGERE - 577 504.
40. SRI SHANKARANANDA L
S/O LOKESHAPPA T
AGED ABOUT 54 YEARS
WORKING AS ASSISTANT TEACHER
SRI RAGHAVENDRA HIGH SCHOOL
NITTUVALLI
DAVANGERE-577 504.
41. SRI VIRUPAKSHAPPA B
S/O KARISBASAPPA B
AGED ABOUT 54 YEARS
WORKING AS HORTICULTURE TEACHER
SRI MANJUNATHESHWARA HIGH SCHOOL
AVARAGERE
DAVANGERE - 577003.
42.
SRI JAYADEVAIAH H
S/O HALAIAH
AGED ABOUT 63 YEARS
RETIRED CRAFT TEACHER
SRI MARUTHI HIGH SCHOOL
HONNAMARADI
DAVANGERE DISTRICT- 577 528
R/AT DODDAGATTA POST
CHANNAGIRI TALUK
DAVANGERE DISTRICT - 577 544.
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43. SRI HALANAGOUDA H. S.
S/O SANNIRAGOUDA
AGED ABOUT 63 YEARS
RETIRED ASSISTANT TEACHER
S.G.K.H.P.S. SCHOOL
UKKADAGATHRI
HARIHAR
DAVANGERE DISTRICT - 581 119
R/AT UKKADAGATHRI
HARIHAR TALUK
DAVANGERE DISTRICT - 581 119.
44. SRI RAVI N
S/O NEELAPPA O
AGED ABOUT 54 YEARS
WORKING AS HEAD MASTER
UKKADAGATHRI
SRI GURU KARIBASAVESWARA HIGH SCHOOL
HARIHAR TALUK
DAVANGERE DISTRICT - 581 119.
45. SMT. SUSI MERI
W/O SABASTIN THOMAS
AGED ABOUT 51 YEARS
WORKING AS ASSISTANT TEACHER
ST. PAUL'S CONVENT GIRL'S HIGH SCHOOL
P.J. EXTENSION
DAVANGERE - 577 002.
46. SRI V. Y. PAPAIAH
S/O M. YELLAPPA
AGED ABOUT 67 YEARS
RETIRED WATCHMAN
BES PU COLLEGE
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JAYANAGAR 4TH BLOCK
BENGALURU
R/AT VADERA HALLI
VIDYARANYAPURA POST
YELAHANKA HOBLI
BENGALURU - 560 097.
47. SRI MUNIRAJU P
S/O PUTTAERAPPA
AGED ABOUT 68 YEARS
RETIRED GROUP-D EMPLOYEE
BES PU COLLEGE
JAYANAGAR 4TH BLOCK
BENGALURU
R/AT VASUDEVAPURA
KANAKAPURA MAIN ROAD
TARALU POST
BENGALURU SOUTH TALUK - 560 082.
48. SRI T. NARAYANA MURTHY
S/O THIMMA HANUMAIAH
WORKING AS ASSISTANT TEACHER
AGED ABOUT 57 YEARS
VIDHATHA KANNADA HIGHER PRIMARY SCHOOL
ANEKAL
BENGALURU 562 106.
49. SMT. SUJATHA
W/O JAGANNATHA NAIDU
AGED ABOUT 64 YEARS
RETIRED ASSISTANT TEACHER
SRI CHAMPAKADHAMASWAMY
HIGHER PRIMARY SCHOOL
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BANNERGHATTA
BENGALURU-560 083
R/AT NO.952, 515 CROSS
VIEWERS COLONY
GOTTIGERE POST
B. G. ROAD
BENGALURU-560 083.
50. SMT. T. S. SUJAYALAKSHMI
W/O R. RAJAGOPAL ACHAR
AGED ABOUT 71 YEARS
RETIRED ASSISTANT TEACHER
BHARATADA SAMSKRUTADA VIDYA SAMITHI
KEMPANAYAKANAHALLI
BANNERGHATTA
BENGALURU - 560 083.
R/AT NO.103, 5TH CROSS
OMKARANAGAR
ARAKERE GATE
BANNERGHATTA ROAD
BENGALURU-560 076.
51. SRI Y. MUNIKRISHNAPPA
S/O YALLAPPA
AGED ABOUT 45 YEARS
WORKING AS CRAFT TEACHER
VENKATESHWARA HIGH SCHOOL
SUBMANGAL GATE
SAMANDUR POST
ANEKAL TALUK
BENGALURU - 562 106.
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52. SRI RAMACHANDRE GOWDA
S/O SRI DURGEGOWDA
AGED ABOUT 62 YEARS
RETIRED PRINCIPAL
RURAL PU COLLEGE
SATHANUR KANAKAPURA TALUK
BENGALURU SOUTH DISTRICT - 562126.
R/AT KANAMANAHALLI
GANALU POST KASABA HOBLI
KANAKAPURA TALUK
BENGALURU SOUTH DISTRICT - 562117.
53.
SRI KUMAR Y. C.
S/O CHIKKAIDE GOWDA
AGED ABOUT 48 YEARS
RURAL PU COLLEGE
SATHANUR
KANAKAPURA TALUK
BENGALURU SOUTH DISTRICT - 562126.
54. SRI PUTTASWAMY S
S/O SARVESH GOWDA
AGED ABOUT 57 YEARS
WORKING AS SECOND DIVISION ASSISTANT
RURAL PU COLLEGE
SATHANUR
KANAKAPURA TALUK
BENGALURU SOUTH DISTRICT-562126.
R/AT SOREKAYIDODDI
SATHANUR
KANAKAPURA TALUK
BENGALURU SOUTH DISTRICT - 562126.
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55. SRI KANTHARAJU C.R.
S/O RAMEGOWDA V.K.
AGED ABOUT 62 YEARS
RETIRED ASSISTANT TEACHER
LOYOLA HIGH SCHOOL
MOUNT ST. JOSEPH POST
KALENA AGRAHARA VILLAGE
BANNERGHATTA ROAD
BENGALURU-560 083.
R/AT CHAKKODIGE
HURUDI POST
SAKLESHPURA TALUK
HASSAN DISTRICT -573165.
…PETITIONERS
(BY SRI. PADMANABHA .R., ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY.
DEPARTMENT OF SCHOOL EDUCATION AND
LITERACY,
M.S BULDING,
DR. AMBEEDKAR VEEDHI
BENGALURU-560 001.
2.
THE COMMISSIONER
DEPARTMENT OF SCHOOL EDUCATION AND
LITERACY,
NRUPATHUNGA ROAD,
BENGALURU-560 001.
3. THE DIRECTOR FOR PRE-UNIVERSITY
18TH CROSS, SAMPIGE ROAD
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MALLESHWARAM
BENGALURU-560003.
4. THE DIRECTOR (PRIMARY)
DEPARTMENT OF SCHOOL EDUCATION
AND LITERACY,
NRUPATHUNGA ROAD,
BENGALURU-560 001.
5. THE DIRECTOR (SECONDARY)
DEPARTMENT OF SCHOOL EDUCATION
AND LITERACY,
NRUPATHUNGA ROAD,
BENGALURU-560 001.
6. ACCOUNTANT GENERAL (A AND E)
IN KARNATAKA, PARK HOUSE,
PALACE ROAD,
BENGALURU - 560 001.
…RESPONDENTS
(BY SMT. ASHVINI PATIL, AGA FOR R1 TO R5;
SRI. N. AMARESH, ADVOCATE FOR R6)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE
RESPONDENTS TO RECKON AND COUNT THE PAST SERVICE
RENDERED BY THE PETITIONERS FROM THE DATE OF THEIR
INITIAL APPOINTMENT UP TO THE DATE OF APPROVAL OF
THEIR APPOINTMENT WITH AID FOR THE PURPOSE OF
FIXATION OF PAY SCALE SENIORITY, INCREMENTS INCLUDING
TBA PENSIONARY BENEFIT AND OTHER CONSEQUENTIAL
SERVICE AND MONITORY BENEFITS FLOWING THEREOF BY
DISPOSING THE PRESENT PETITIONS IN TERMS OF THE
ORDER DATED 16.08.2010 PASSED IN WP NO. 25447/2010
WHICH IS AFFIRMED BY THE DIVISION BENCH OF THIS
HON'BLE COURT IN W.A.NO.4788/2010 DATED 22.09.2011
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AND HON'BLE SUPREME COURT IN SLP (CIVIL) CC NO.
7365/2012 DATED 02.07.2012, ORDER DATED 06.12.2012
PASSED IN REVIEW PETITION NO.2364/2012 DATED
06.12.2012, IN WP NO. 10476/2021 DISPOSED OF ON
28.02.2022 VIDE ANNEXURE-B TO E AND G, AFTER VERIFYING
THE SERVICE PARTICULARS AND CREDENTIALS OF THE
PETITIONERS.
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
Learned Additional Government Advocate accepts
notice for respondents No.1 to 5. Learned counsel
Sri. N.Amaresh is directed to accept notice for respondent
No.6.
2. The petitioners are stated to be the teaching
and non-teaching staff and working since several years.
The petitioners have filed the present petition seeking
direction to the respondents to reckon and count the past
service rendered by the petitioners from the date of their
appointment till the date of approval of their appointments
to grant-in-aid so as to fix the pay scale, seniority,
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increments including TBA, pensionary benefits and other
consequential service and monitory benefits.
3 . 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.
4. 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.
5. 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
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.
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HC-KAR
NC: 2026:KHC:57842
WP No. 31263 of 2026
CNR: KAHC010682722026
6. 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."
Taking note of the above, entitlement of the
petitioners would be as observed by the Court in the
observations contained in para 61.
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HC-KAR
NC: 2026:KHC:57842
WP No. 31263 of 2026
CNR: KAHC010682722026
7. Accordingly, the petition is allowed.
Respondents No.1 to 5 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
MCR
List No.: 2 Sl No.: 7