SRI DEVARAJA M vs THE STATE OF KARNATAKA

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HC-KAR
NC: 2026:KHC:60740
WP No. 19041 of 2026
CNR: KAHC010413992026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
ND
DATED THIS THE 2 DAY OF NOVEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV
WRIT PETITION NO. 19041 OF 2026 (S-RES)
BETWEEN:
1. SRI DEVARAJA M
S/O NARASAPPA
AGED ABOUT 50 YEARS
WORKING AS ASSISTANT TEACHER
BOMMALINGESHWARA HIGH SCHOOL
GANTIGANAHALLI
TUMKUR TALUK AND DISTRICT
2. SRI. B C SIDDAGANGAIAH
S/O CHIKKAPPA
AGED ABOUT 53 YEARS
WORKING AS D-GROUP EMPLOYEE
BOMMALINGESHWARA HIGH SCHOOL
GANTIGANAHALLI
TUMKUR TALUK AND DISTRICT
Digitally
signed by
PRAKASH N
Location:
HIGH COURT
OF
KARNATAKA
3. SRI. SHIVAMURTHY
S/O LATE CHIKKAMADAIAH
AGED ABOUT 59 YEARS
WORKING AS SECOND DIVISION ASSISTANT
SRI. DR.B.R. AMBEDKAR RESIDENTIAL HIGH
SCHOOL, DODDABAGILU AT POST
T. NARASIPURA TALUK
MYSORE DISTRICT - 571 120
R/AT POORIGALI AT POST,
MALAVALLI TALUK, MANDYA DISTRICT - 571 463

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HC-KAR
NC: 2026:KHC:60740
WP No. 19041 of 2026
CNR: KAHC010413992026
4. SRI. MANJUNATHA
S/O LATE KRIHSHNAPPA
AGED ABOUT 56 YEARS
WORKING AS CRAFT TEACHER
SRI GOUTHAMA AIDED HIGH SCHOOL
KRS AGRAHARA KUNIGAL
TUMAKURU DISTRICT
R/AT CHIKKASHETTIKERE VILLAGE
MAYASANDRA POST AT HOBLI
TURUVEKERE TALUK TUMAKURU DISTRICT
5. SRI. MAHADEVASWAMY C G
S/O LATE C.M. GANGANNA
AGED ABOUT 50 YEARS
WORKING AS CRAFT TEACHER (HORTICULTURE)
DR. BR AMBEDKAR HIGH SCHOOL
CHOWDANAKUPPE
KUNIGAL TALUK
TUMAKURU DISTRICT
R/AT CHIKKONAHALLI, R BYADARAHALI POST
HULIYURDURGA HOBLI, KUNIGAL TALUK
6. SRI. H J LINGARAJU
S/O LATE H N JAVARAIAH
AGED ABOUT 56 YEARS
WORKING AS ASSISTANT TEACHER
DR. BR AMBEDKAR HIGH SCHOOL
CHOWDANAKUPPE KUNIGAL TALUK
TUMAKURU DISTRICT
R/AT P HONNAMACHANAHALLI
HULIYURDURGA HOBLI,
KUNIGAL TALUK - 572 123

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HC-KAR
NC: 2026:KHC:60740
WP No. 19041 of 2026
CNR: KAHC010413992026
7. SRI. M.K. SURESH
S/O L KEMPEGOWDA
AGED ABOUT 55 YEARS
WORKING AS ASSISTANT TEACHER J
NANODAYA HIGH SCHOOL
TENGANAYAKANAHALLI
V R DODDI POST
KANAKAPURA TALUK
BENGALURU SOUTH DISTRICT
R/AT BEHIND RAVI TALKIES
HALAGUR MALAVALLI TALUK
MANDYA DISTRICT
8. SRI. UMAPATHI H S
S/O SHARANAPPA H G
AGED ABOUT 59 YEARS
WORKING AS ASSISTANT TEACHER
BAPUJI HIGHER PRIMARY SCHOOL
BASAVAPATTANA CHANNAGIRI TALUK
DAVANAGERE DISTRICT
R/AT CHIRADONI
CHANNAGIRI TALUK DAVANAGERE DISTRICT
9. SRI. GOPALASWAMY M P
S/O PUTTAPPA
AGED ABOUT 60 YEARS
RETIRED ASSISTANT TEACHER
KUVEMPU HIGH SCHOOL SANTHEBENNUR,
CHANNAGIRI TALUK DAVANAGERE DISTRICT
R/AT BEHIND KEB OFFICE, SANTHEBENNUR,
CHANNAGIRI TALUK, DAVANAGERE DISTRICT
…PETITIONERS
(BY SRI. THYAGARAJA S., ADVOCATE)

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HC-KAR
NC: 2026:KHC:60740
WP No. 19041 of 2026
CNR: KAHC010413992026
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY
DEPARTMENT OF SCHOOL EDUCATION AND
LITERACY M. S. BUILDING
DR. AMBEDKAR VEEDHI
BANGALORE - 560 001
2. THE COMMISSIONER
DEPARTMENT OF SCHOOL EDUCATION AND
LITERACY NEW PUBLIC OFFICES BUILDING,
NRUPATHUNGA ROAD
BENGALURU - 560 001
3. THE DIRECTOR (SECONDARY EDUCATION)
DEPARTMENT OF SCHOOL EDUCATION AND
LITERACY
NEW PUBLIC OFFICES BUILDING,
NRUPATHUNGA ROAD
BENGALURU - 560 001
4. THE DEPUTY DIRECTOR
DEPARTMENT OF SCHOOL EDUCATION,
MYSURU DISTRICT
MYSURU - 570 001
5.
THE DEPUTY DIRECTOR
DEPARTMENT OF SCHOOL EDUCATION,
BENGALURU SOUTH DISTRICT
RAMANAGARA - 562 159
6. THE DEPUTY DIRECTOR
DEPARTMENT OF SCHOOL EDUCATION,

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HC-KAR
NC: 2026:KHC:60740
WP No. 19041 of 2026
CNR: KAHC010413992026
DAVANAGERE DISTRICT
DAVANAGERE - 577 001
7. ACCOUNTANT GENERAL IN KARNATAKA
(A AND E)
PARK HOUSE ROAD
BENGALURU - 560 001
…RESPONDENTS
(BY SMT. ASHVINI PATIL, AGA FOR R1 TO R6
SRI. N. AMARESH, ADVOCATE FOR R7)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO I) ISSUE A WRIT IN
THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS
TO RECKON AND COUNT THE PAST SERVICE RENDERED BY
THE PETITIONERS FROM THE DATE OF THEIR INITIAL
APPOINTMENTS UP TO THE DATE OF APPROVAL OF THEIR
APPOINTMENT WITH GRANT-IN-AID RESPECTIVELY FOR THE
PURPOSE OF FIXATION OF PAY SCALE, SENIORITY, ANNUAL
INCREMENTS, INCLUDING TBA, PENSIONARY BENEFITS AND
OTHER CONSEQUENTIAL SERVICE AND MONITORY BENEFITS
FLOWING THEREOF BY DISPOSING THE PRESENT PETITIONS
IN TERMS OF THE ORDERS OF THIS HONBLE COURT MADE IN
WP NO.25447 OF 2010 DISPOSED OF BY ORDER DATED 16-08-
2010 WHICH IS AFFIRMED BY THE DIVISION BENCH OF THIS
HONBLE COURT IN W.A.NO.4788 OF 2010 DATED 22-09-2011
AND HONBLE SUPREME COURT IN SLP (CIVIL) CC 7365 OF
2012 DATED 02-07-2012 AND W.P. NO.10433/2021 DATED 18-
06-2021 VIDE ANNEXURE-S, T, U AND V, RESPECTIVELY.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV

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HC-KAR
NC: 2026:KHC:60740
WP No. 19041 of 2026
CNR: KAHC010413992026
ORAL ORDER
1. Learned Government Advocate accepts notice
for respondents No.1 to 6.
2. Sri. N. Amaresh, learned counsel accepts notice
for respondent No.7.
3. The petitioners are before this court seeking for
the following relief:
a) Issue a writ in the nature of Mandamus
directing the respondents to reckon and count the
past service rendered by the petitioners from the
date of their initial appointments up to the date of
approval of their appointment with Grant-in-Aid
respectively for the purpose of fixation of pay scale,
seniority, annual increments, including TBA,
Pensionary benefits and other consequential service
and monitory benefits flowing thereof by disposing
the present petitions in terms of the orders of this
Hon'ble Court made in W.P.No.25447 of 2010
disposed of by order dated 16-08-2010 which is
affirmed by the Division Bench of this Hon'ble Court
in W.A.No.4788 of 2010 dated 22-09-2011 and
Hon'ble Supreme Court in SLP (Civil) C.C. 7365 of
2012 dated 02.07-2012 and W.P.No.10433/2021

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HC-KAR
NC: 2026:KHC:60740
WP No. 19041 of 2026
CNR: KAHC010413992026
dated 18-06-2021 vide Annexure-S, T, U and V,
respectively,
b) Issue such other orders, directions as
deemed fit in the circumstances of the case and
allow this writ petition with exemplary costs, in the
interest of justice..
4. The petitioners who are stated to be working in
the aided institution have filed the present petition seeking
for issuance of writ of mandamus directing the
respondents-state authorities to reckon and count the past
services rendered by the petitioners from the date of their
initial appointments including the services rendered in the
pre-grant period for the purpose of pension and other
superannuation and service benefits.
5. Reliance is placed on the observations made by
the Division Bench in W.A.No.4788/2010.
6. Learned Government Advocate submits that the
State is contemplating challenging the order passed in

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HC-KAR
NC: 2026:KHC:60740
WP No. 19041 of 2026
CNR: KAHC010413992026
W.A.No.2476/2015 and connected matters and accordingly
seeks for further time.
7. However, it is noticed that as on date the order
in W.A.No.2476/2015 has not been stayed. The
observation made in para No.61 of the Writ Appeal, reads
as hereunder:
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.

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HC-KAR
NC: 2026:KHC:60740
WP No. 19041 of 2026
CNR: KAHC010413992026
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.
8. In light of the same, respondent No.1 is
directed to consider the request of the petitioners as
reflected in the representations made and extend
permissible benefits as may flow from the observation of
the Division Bench in para No.61. Such consideration by
the State has to be completed within a period of six (6)
months from the date of receipt of copy of this order.
9. Accordingly, the writ petition is disposed of .
Sd/-
(S SUNIL DUTT YADAV)
JUDGE
SKS