B.K. MANJUNATHA vs THE PRINCIPAL SECRETARY,

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HC-KAR
NC: 2026:KHC:57932
WP No. 30775 of 2026
CNR: KAHC010672282026
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. 30775 OF 2026 (S-RES)
BETWEEN:
1. B.K. MANJUNATHA
S/O KESHAVEGOWDA,
AGED ABOUT 51 YEARS,
OCC: D-GROUP,
W/A VIVEKANANDA HIGH SCHOOL,
BELUR, HASSAN DISTRICT.
2. SRI. K.H. RAMEGOWDA,
S/O HANUMEGOWDA,
AGED ABOUT 49 YEARS,
OCC: ASST TEACHER,
W/A DR. B.R. AMBEDKAR HIGH SCHOOL,
MAGGE VILLAGE, ALUR TALUK,
HASSAN DISTRICT.
Digitally signed
by PRAKASH N
Location: HIGH
COURT OF
KARNATAKA
3. A.B. NEELAKANTA,
S/O BASAVEGOWDA,
AGED ABOUT 48 YEARS,
OCC: ASST TEACHER,
W/A DR. B.R. AMBEDKAR HIGH SCHOOL,
MAGGE VILLAGE, ALUR TALUK,
HASSAN DISTRICT.
4. SRI. H.S. DHARMAPPA,
S/O SOMEGOWDA,

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HC-KAR
NC: 2026:KHC:57932
WP No. 30775 of 2026
CNR: KAHC010672282026
AGED ABOUT 64 YEARS,
OCC: RETIRED HEAD MASTER,
W/A DR. B.R. AMBEDKAR HIGH SCHOOL,
MAGGE VILLAGE, ALUR TALUK,
HASSAN DISTRICT.
R/A HOSAPURA, BHARATHUR,
HASSAN-573129.
5.
MANJAPPA M N
OCC: SDC,
W/A DR. B.R. AMBEDKAR HIGH SCHOOL,
MAGGE VILLAGE, ALUR TALUK,
HASSAN DISTRICT.
SINCE DECEASED BY HIS LR
SMT. KUSUMA B N,
W/O LATE MANJAPPA M N,
AGED ABOUT 47 YEARS,
OCC HOUSE WIFE,
R/A NO. NANDINI LAYOUT,
MAGGE, ALUR TALUK,
HASSAN DISTRICT.
6. D VASUDEV
S/O DODDAIAH,
AGED ABOUT 60 YEARS,
OCC: ASST TEACHER,
W/A DR. B.R. AMBEDKAR HIGH SCHOOL,
MAGGE VILLAGE, ALUR TALUK,
HASSAN DISTRICT.
7. NANJAMMA H
W/O SURESH,
AGED ABOUT 61 YEARS,
OCC: ASST TEACHER,

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HC-KAR
NC: 2026:KHC:57932
WP No. 30775 of 2026
CNR: KAHC010672282026
W/A DEVAMMA JUNIOR PRIMARY SCHOOL,
MOSALE HOSALLI, HASSAN.
R/A CHAKENAHALLI, VILLAGE,
HARIHARAPURA POST,
HALEKOTE HOBLI,
HOLENARSIPURA, HASSAN.
…PETITIONERS
(BY SRI. CHANDRASHEKAR G M., ADVOCATE)
AND:
1. THE PRINCIPAL SECRETARY,
DEPARTMENT OF SCHOOL EDUCATION
AND LITERACY,
M.S BUILDING, DR. AMBEDKAR VEEDHI,
BANGALORE-560001.
2. THE COMMISSIONER,
DEPARTMENT OF SCHOOL EDUCATION
AND LITERACY,
NRUPATUNGA ROAD,
BENGALURU-560001.
3. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS
ADMINISTRATION
DEPARTMENT OF PUBLIC INSTRUCTIONS,
HASSAN-573201.
…RESPONDENTS
(BY SMT. ASHVINI PATIL, AGA)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE
RESPONDENT AUTHORITIES TO CONSIDER THE
REPRESENTATION DATED 27.08.2026 VIDE ANNEXURE-C AND
GRANT THE FINANCIAL SERVICE BENEFITS IN FAVOUR OF THE

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HC-KAR
NC: 2026:KHC:57932
WP No. 30775 of 2026
CNR: KAHC010672282026
PETITIONERS AS PER THE ORDER DATED 10.07.2015 IN WP
NO.21216/2014 AND WA NO.2467/2015, WA NO.2476/2015
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 AND
ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV
ORAL ORDER
Learned counsel for the petitioners submits that
deficit court fee is paid. Office to verify the same.
Learned Additional Government Advocate accepts
notice for respondents No.1 to 3.
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 consider the representation
at Annexure-C and grant the financial service benefits by
taking note of the date of appointment instead of the date
of admitting their post to grant-in-aid so as to calculate

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NC: 2026:KHC:57932
WP No. 30775 of 2026
CNR: KAHC010672282026
their seniority, basic pay fixation, annual increment, time
bound increment etc., in terms of the obs ervations made
in W.A.No.2467/2015, W.A.No.2476/2015 and connected
matters.
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

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HC-KAR
NC: 2026:KHC:57932
WP No. 30775 of 2026
CNR: KAHC010672282026
same and on perusal of para 61, the present petition could
be disposed of.
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."

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HC-KAR
NC: 2026:KHC:57932
WP No. 30775 of 2026
CNR: KAHC010672282026
Taking note of the above, entitlement of the
petitioners would be as observed by the Court in the
observations contained in para 61.
7. Accordingly, the petition is allowed.
Respondents No.1 to 3 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.: 12