JAGADEVI vs THE PRINCIPAL SECRETARY
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-D:18167
WP No. 108692 of 2026
CNR: KAHC020190062026
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. 108692 OF 2026 (S-RES)
BETWEEN:
1. JAGADEVI MALAKHED
D/O: VITTAL MALAKHED,
AGED ABOUT 62 YEARS,
OCC: RETIRED ASST TEACHER.
W/A: AKHANDESHWARA HIGH SCHOOL,
MOORNALA, BAGALKOT.
TH
R/A: DOOR NO.10, 9 CROSS,
VIDYAGIRI, BAGALKOTE.
2. SHAMBU SANGAPPA
S/O: LATE SANGAPPA UPPIN,
AGED ABOUT 61YEARS,
OCC: RETIRED DRAWING TEACHER.
W/A: RAJIV GANDHI MEMORIAL HIGH SCHOOL,
HUNGUND, BAGALKOT.
R/A: #1946, SANGAMESHWARA STREET,
NEAR SANGAMESHWARA TEMPLE, WARD NO.4
HUNGUND, BAGALKOTE - 587118.
3. AMBANNA MULIMANI
S/O: TIMMANNA,
AGED ABOUT 46 YEARS,
OCC: ASST TEACHER.
W/A: RAJIV GANDHI MEMORIAL HIGH SCHOOL,
HUNGUND, BAGALKOT.
4. SHIVANAND B METI
S/O: BASAVANTHAPPA M METI,
AGED ABOUT 55 YEARS,
OCC: JUNIOR TRAINING OFFICER.
W/A: SRIMAN MADHWACHARYA ITI,
OLD APMC, BADAMI ROAD, BAGALKOTE.
Digitally signed by
THEJAS KUMAR N
Location: High
Court of Karnataka,
Dharwad Bench
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5. VENKATESH S PATHAK
S/O: SHRINIVAS RAO PATHAK
AGED ABOUT 49 YEARS,
OCC: JUNIOR TRAINING OFFICER.
W/A: SRIMAN MADHWACHARYA ITI,
OLD APMC, BADAMI ROAD, BAGALKOTE.
6. RUKMANNA SIDDAPPA PANCHAL
S/O: SIDDAPPA PANCHAL
AGED ABOUT 59 YEARS,
OCC: JUNIOR TRAINING OFFICER.
W/A: SRIMAN MADHWACHARYA ITI,
OLD APMC, BADAMI ROAD, BAGALKOTE.
SHASHIDHAR M MATAPATI
OCC: ASST TEACHER.
W/A: SRI SHIVASHARANA SHIVAPPAYYA HIGH SCHOOL
NEELAGUNDA, BADAMI TALUK, BAGALKOTE.
SINCE DECEASE BY HIS LR’S
7. BASAMMA MATAPATI
W/O: SHASHIDHAR M MATAPATI
AGED ABOUT 52 YEARS,
R/A: KHANPUR S K, KULGERI CROSS,
BADAMI TALUK, BAGALKOT DISTRICT.
8. SHIVAKUMAR BHAVIMATH
S/O: SHIVAKUMAR SANGAYYA BHAVIMATH
AGED ABOUT 58 YEARS,
OCC: INSTRUCTOR.
W/A: BASAVESHWARA ENGINEERING COLLEGE,
AUTONOMOUS, BAGALKOTE.
9. PANCHAXARI BHAVIMATH
S/O: SANGAYYA
AGED ABOUT 45 YEARS,
OCC: LECTURER.
W/A: BASAVESHWARA ENGINEERING COLLEGE,
AUTONOMOUS, BAGALKOTE.
10. MAHANTESH BEVOOR
S/O: SHEKARAPPA S BEVOOR
AGED ABOUT 57 YEARS,
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OCC: MECHANIC.
W/A: BASAVESHWARA ENGINEERING COLLEGE,
AUTONOMOUS, BAGALKOTE.
11. PANDURANGARAO N KULKARNI
S/O: LATE. NARAYANRAO
AGED ABOUT 59 YEARS,
OCC: LECTURER.
W/A: BASAVESHWARA ENGINEERING COLLEGE,
AUTONOMOUS, BAGALKOTE.
12. VEERESH BUDDINNI
S/O: SHEKARAPPA BUDDINNI
AGED ABOUT 59 YEARS,
OCC: LECTURER.
W/A: BASAVESHWARA ENGINEERING COLLEGE,
AUTONOMOUS, BAGALKOTE.
13. SHREESHAIL PHARSIYAWAR
S/O: MALLIKARJUN
AGED ABOUT 56 YEARS,
OCC: LECTURER.
W/A: BASAVESHWARA ENGINEERING COLLEGE,
AUTONOMOUS, BAGALKOTE.
14. SHIVAYYA HIREHAL
S/O: ANDANAYYA
AGED ABOUT 60 YEARS,
OCC: RETIRED GROUP-D.
W/A: BASAVESHWARA ENGINEERING COLLEGE,
AUTONOMOUS, BAGALKOTE.
R/A: NO.839, B WARD 2, N P O PLOT,
VTC SIMIKERI, BAGALKOT.
15. ASHOK SUTAGUNDAR
S/O: VEERAPPA,
AGED ABOUT 47 YEARS,
OCC: LECTURER.
W/A: BASAVESHWARA ENGINEERING COLLEGE,
AUTONOMOUS, BAGALKOTE.
16. CHANNAPPA MUTTAPPA JAVALAGI
S/O: MUTTAPPA CHANNAPPA JAVALAGI,
AGED ABOUT 58 YEARS,
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OCC: LECTURER.
W/A: BASAVESHWARA ENGINEERING COLLEGE,
AUTONOMOUS, BAGALKOTE.
17. MAMATA J SATARADDI
D/O: JAGADEESH SATARADDI,
AGED ABOUT 52 YEARS,
OCC: LECTURER.
W/A: BASAVESHWARA ENGINEERING COLLEGE,
AUTONOMOUS, BAGALKOTE.
18. SHRIDEVI C HIREMATH
D/O: CHANDRASHEKAR
AGED ABOUT 61 YEARS,
OCC: RETIRED LECTURER.
W/A: BASAVESHWARA ENGINEERING COLLEGE,
AUTONOMOUS, BAGALKOTE.
R/A: NO.S 70, SECTOR 63A,
BRINDAVAN SECTOR, NAVANAGAR,
BAGALKOT-587103.
19. ANANT S ONKAR
S/O: ANANT S ONKAR,
AGED ABOUT 57 YEARS,
OCC: FDA.
W/A: BASAVESHWARA ENGINEERING COLLEGE,
AUTONOMOUS, BAGALKOTE.
20. MALLAPPA V GOUDAR
S/O: VEERABADRAPPA,
AGED ABOUT 57 YEARS,
OCC: HELPER.
W/A: BASAVESHWARA ENGINEERING COLLEGE,
AUTONOMOUS, BAGALKOTE.
21. SHIVANAND BUGATI
S/O: KOTRAPPA BUGATI,
AGED ABOUT 54 YEARS,
OCC: SDA.
W/A: BASAVESHWARA ENGINEERING COLLEGE,
AUTONOMOUS, BAGALKOTE.
RAVINDRA GOLAPPAGOL
OCC: PEON.
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W/A: BASAVESHWARA ENGINEERING COLLEGE,
AUTONOMOUS, BAGALKOTE.
SINCE DECEASED BY HIS LR
22.GOLAPPAGOL SUMANGALA
W/O: RAVINDRA GOLAPPAGOL
AGED ABOUT: 59 YEARS,
R/A: NO.NO.C25, SECTOR NO.14,
NAVANAGAR, BAGALKOT DISTRICT-587102.
SHASHIDAR SOBARAD
OCC: MECHANIC.
W/A: BASAVESHWARA ENGINEERING COLLEGE,
AUTONOMOUS, BAGALKOTE.
SINCE DECEASED BY HIS LR
23.GEETA SOBARAD
W/O: RAVINDRA GOLAPPAGOL
AGED ABOUT: 53 YEARS,
R/A: NO.29 A 37, SECTOR NO.29,
NAVANAGAR, BAGALKOT DISTRICT-587103.
24. SHANKARAYYA KAMBALIMATH
S/O: GURUMURTAYYA KAMBALIMATH,
AGED ABOUT 55 YEARS,
OCC: LECTURER.
W/A: BASAVESHWARA ENGINEERING COLLEGE,
AUTONOMOUS, BAGALKOTE.
SATISH B HAVARAGI
OCC: INSTRUCTOR.
W/A: BASAVESHWARA ENGINEERING COLLEGE,
AUTONOMOUS, BAGALKOTE.
SINCE DECEASED BY HIS LR
25.BHARATI SATISH HAVARAGI
W/O: SATISH B HAVARAGI
AGED ABOUT: 54 YEARS,
R/A: NO.222, W.NO.09,
KAMBLE GALLI, BAGALKOT DISTRICT-587101.
26. BASAVARAJ KALAGUDI
S/O: SHANKRAPPA KALAGUDI,
AGED ABOUT 61 YEARS,
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OCC: RETIRED ASST TEACHER.
W/A: VEERAPULAKESHI VIDYAVARDHAKA HIGH SCHOOL,
KATAPURA, PATTADAKAL, BAGALKOTE.
R/A: NO.37, WARD NO.1, SHATTAR ONI,
CHOLACHAGUDDA, BAGALKOTE.
27. RAFIQ N KOLHAR
S/O: NABI SAB,
AGED ABOUT 63 YEARS,
OCC: RETIRED ASST TEACHER.
W/A: VEERAPULAKESHI VIDYAVARDHAKA HIGH SCHOOL,
KATAPURA, PATTADAKAL, BAGALKOTE.
R/A: NEAR RAILWAY STATION,
BEHIND AL ISIAH MASJID, BAGALKOTE.
28. MANAPPA GOUDAR
S/O: YOGAPPA,
AGED ABOUT 61 YEARS,
OCC: RETIRED ASST TEACHER.
W/A: SRI JAGADGURU MOUNESHWARA
HIGH SCHOOL, BAGALKOTE.
R/A: NO.276, WARD NO.2,
GADDANAKERI, BAGALKOTE.
…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.
2. THE PRINCIPAL SECRETARY,
DEPARTMENT OF HIGHER EDUCATION,
M.S BUILDING, DR. AMBEDKAR VEEDHI,
BANGALORE-560001.
3. THE DIRECTOR OF TECHNICAL EDUCATION,
PALACE ROAD, NEAR HOTEL ATRIA,
BENGALURU-560001.
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4. THE COMMISSIONER COLLEGIATE EDUCATION,
HIGHER EDUCATION DEPARTMENT,
SHESHADRI ROAD, BENGALURU-560001.
5. THE ADDITIONAL COMMISSIONER,
DEPARTMENT OF SCHOOL EDUCATION AND LITERACY,
RODDA ROAD, DHARWAD-580008.
6. THE DEPUTY DIRECTOR OF PUBLIC
INSTRUCTIONS ADMINISTRATION,
DEPARTMENT OF PUBLIC INSTRUCTIONS,
UTTARA KANNADA-581301.
…RESPONDENTS
(BY SRI. SHARAD V.MAGADUM, AGA FOR R1 TO R6)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO A) 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 ORDER
DATED 24-07-2026 WA NO.2467/2015, 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) 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
ORDER DATED 24-07-2026 WA NO.2467/2015 AND CONNECTED
MATTERS 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:
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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 G.M.Chandrashekar, learned counsel
appearing for the petitioners and Sri Sharad V. Magadum,
learned AGA appearing for respondent Nos.1 to 6/State.
3. This petition is filed by the petitioners seeking
following reliefs:
“ “a) 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 order dated 24.07.2026 WA
No.2467/2015 and connected matters passed by the
Learned Single Judge and Hon’ble Division Bench of
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High Court of Karnataka, vide Annexures-A and B
respectively.
b) 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
order dated 24.07.2026 WA No.2467/2015 and
connected matters passed by the Learned Single
Judge and Hon’ble Division Bench of Hon’ble High
Court of Karnataka, Bengaluru vide Annexures-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.
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,
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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
rest upon the management of the concerned institution.
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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
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afore of the judgment dated 24.07.2026
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.: 8