SRI. S. RAMESH KUMAR vs THE STATE OF KARNATAKA

- 1 -
HC-KAR
NC: 2026:KHC:57506
WP No. 31220 of 2026
CNR: KAHC010679472026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 12 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV
WRIT PETITION NO. 31220 OF 2026 (S-RES)
BETWEEN:
1. SRI. S. RAMESH KUMAR
S/O C SADASHIVAMURTHY,
AGED ABOUT 55 YEARS,
OCC ASSISTANT TEACHER,
WORKING AT SRI MAHADESHWARA HIGH SCHOOL,
COWDALLI, HANUR TALUK,
CHAMARAJANAGAR DISTRICT - 571 320.
2. SRI SANTHOSHA S,
S/O SHIVARAMU S,
AGED ABOUT 52 YEARS,
OCC: ASSISTANT TEACHER,
WORKING AT CHRISTARAJA HIGH SCHOOL,
HANUR TOWN, HANUR TALUK,
CHAMARAJANAGAR DISTRICT - 571 439.
Digitally
signed by
PRAKASH N
Location:
HIGH COURT
OF
KARNATAKA
3. SMT. CHANDRAMMA S.K.,
W/O MAHESH,
AGED ABOUT 51 YEARS,
OCC: ASSISTANT TEACHER,
WORKING AT CHRISTARAJA HIGH SCHOOL,
HANUR TOWN, HANUR TALUK,
CHAMARAJANAGAR DIST - 571 439.

- 2 -
HC-KAR
NC: 2026:KHC:57506
WP No. 31220 of 2026
CNR: KAHC010679472026
4. SRI NANJAPPA M,
S/O LATE MADAIAH,
AGED ABOUT 61 YEARS,
OCC: RETD ASSISTANT TEACHER ,
AT B. MUNIYAPPA GOWDARA HIGH SCHOOL,
HANUR TOWN, HANUR TALUK,
CHAMARAJANAGAR DIST - 571 439.
5. SAGAYARAJ S,
S/O SOOSAIAPPAN,
AGED ABOUT 54 YEARS,
OCC: HEAD MASTER,
WORKING AT NIRMALA HIGH SCHOOL,
P.G. PALYA, HANUR TALUK,
CHAMARAJANAGAR DIST - 571 440.
6. AUGUSTIAN T
S/O LATE THOMAI,
AGED ABOUT 57 YEARS,
OCC: P.E. TEACHER,
WORKING AT NIRMALA HIGH SCHOOL,
P.G. PALYA, P.G PALYA POST,
HANUR TALUK, CHAMARAJANAGAR DIST - 571 320.
7.
SRI. NIRESH,
S/O KRISHNAPPA,
AGED ABOUT 62 YEARS,
OCC: RETD ASSISTANT TEACHER,
AT ST. MARY'S HIGH SCHOOL, MARTALLI,
HANUR TALUK,
CHAMARAJANAGAR DISTRICT - 571 320.
8.
ANTHONY SWAMY,
S/O SWAMY KANNU,

- 3 -
HC-KAR
NC: 2026:KHC:57506
WP No. 31220 of 2026
CNR: KAHC010679472026
AGED ABOUT 58 YEARS,
OCC S.D.A,
WORKING AT ST. MARY'S HIGH SCHOOL,
MARTALLI, HANUR TALUK,
CHAMARAJANAGAR DISTRICT - 571 320.
9. SRI. R VENKATESHA,
S/O RAMASWAMY,
AGED ABOUT 57 YEARS,
OCC: P.E. TEACHER,
WORKING AT ST. ANTHONY'S AIDED H.P.S,
COWDALLI, HANUR TALUK,
CHAMARAJANAGAR DISTRICT - 571 320.
10.
ARULMARY A,
D/O LATE ARULAPPAN,
AGED ABOUT 49 YEARS,
OCC: ASSISTANT TEACHER,
WORKING AT ST. ANTHONY'S AIDED H.P.S,
SANDANAPALYA, MARTALLI POST, HANUR TALUK,
CHAMARAJANAGAR DISTRICT - 571 320.
11. SRI. NATARAJU H,
S/O HUCHAIAH C,
AGED ABOUT 48 YEARS,
OCC: ASSISTANT TEACHER,
WORKING AT MOTHER MUJEEDA AIDED L.P.S,
BANDALLI, HANUR TALUK,
CHAMARAJANAGAR DISTRICT - 571 439.
12. SRI. BASAVARAJU R,
S/O RUDRAPPA,
AGED ABOUT 48 YEARS,
OCC: ASSISTANT TEACHER,

- 4 -
HC-KAR
NC: 2026:KHC:57506
WP No. 31220 of 2026
CNR: KAHC010679472026
WORKING AT MOTHER MUJEEDA AIDED L.P.S,
BANDALLI, HANUR TALUK,
CHAMARAJANAGAR DIST - 571 439.
13.
SRI. BASAVANNA M,
S/O MAHADEVAPPA,
AGED ABOUT 46 YEARS,
OCC: ASSISTANT TEACHER,
WORKING AT MOTHER MUJEEDA AIDED L.P.S,
BANDALLI, HANUR TALUK,
CHAMARAJANAGAR DIST - 571 439.
14. SOLOMON SAGAYARAJ J,
S/O JAPAMALE,
AGED ABOUT 46 YEARS,
OCC: HEAD MASTER,
WORKING AT R.C. MISSION AIDED H.P.S.,
KOLLEGAL TOWN, KOLLEGAL TALUK,
CHAMARAJANAGAR DIST - 571 440.
15. JEBAMALAI MARY,
S/O SANGEETHA RAJ,
AGED ABOUT 60 YEARS,
OCC: RETD ASSISTANT TEACHER ,
AT ST. AUGUSTINE'S HIGHER PRIMARY SCHOOL,
PASCAL NAGAR, JAGERI, SATHEGAL POST,
KOLLEGAL TALUK,
CHAMARAJANAGAR DIST - 571 440.
16. SMT. S. B. VIDYA,
W/O M.S. GIRISH PANDITH,
AGED ABOUT 53 YEARS,
OCC: ASSISTANT TEACHER (HINDI),
WORKING AT ST. AUGUSTINE'S HIGH SCHOOL,

- 5 -
HC-KAR
NC: 2026:KHC:57506
WP No. 31220 of 2026
CNR: KAHC010679472026
PASCAL NAGAR, JAGERI, SATHEGAL POST,
KOLLEGAL TALUK,
CHAMARAJANAGAR DIST - 571 440.
17.
ALBERT AROKIA SAMY,
S/O GNANADICKAM,
AGED ABOUT 56 YEARS,
OCC: P.E. TEACHER,
WORKING AT ST. AUGUSTINE'S HIGH SCHOOL,
PASCAL NAGAR, JAGERI, SATHEGAL POST,
KOLLEGAL TALUK,
CHAMARAJANAGAR DIST - 571 440.
18.
SRI. R. SIDDARAJU,
AGED ABOUT 56 YEARS,
OCC: ASSISTANT TEACHER,
S/O. M. RAJABASAVANNA,
WORKING AT SRI M.C.K.C. HIGH SCHOOL,
KOLLEGALA TALUK,
CHAMARAJANAGAR DISTRICT - 571 440
19. SRI. IGNACIMUTTU L.,
S/O. LOURDUSWAMY,
AGED ABOUT 55 YEARS,
OCC: HEAD MASTER,
WORKING AT ST. FRANCIS ASSISI HIGH SCHOOL,
KOLLEGAL TALUK,
CHAMARAJANAGAR DISTRICT - 571 440.
20. SRI. KESHAVAMURTHY.C
S/O CHANNANJAIAH P.,
AGED ABOUT 42 YEARS,
OCC: ASSISTANT TEACHER,
WORKING AT NIRMALA CONVENT HIGHER PRIMARY
SCHOOL, GUNDLUPET TOWN

- 6 -
HC-KAR
NC: 2026:KHC:57506
WP No. 31220 of 2026
CNR: KAHC010679472026
GUNDLUPET TALUK,
CHAMARAJANAGAR DISTRICT - 571 111.
21. SRI. MANJUNATHA .S
S/O SHANKARAPPA,
AGED ABOUT 40 YEARS,
OCC ASSISTANT TEACHER,
WORKING AT NIRMALA CONVENT HIGHER PRIMARY
SCHOOL,
GUNDLUPET TOWN GUNDLUPET TALUK,
CHAMARAJANAGAR DISTRICT - 571 111.
22. SRI. SUBRAMANYA P.
S/O PUTTANNA C.,
AGED ABOUT 45 YEARS,
OCC ASSISTANT TEACHER,
WORKING AT SHREE SHANTHAMALLIKARJUNA
SWAMY HIGHER PRIMARY SCHOOL,
MAHADESHWARA HILLS, HANUR TALUK,
CHAMARAJANAGAR DISTRICT - 571 490.
23. SRI. SHREEDHARA MURTHY S.M.
S/O SIDDAIAH,
AGED ABOUT 45 YEARS,
OCC ASSISTANT TEACHER,
WORKING AT BROTHERN MISSION AIDED HIGHER
PRIMARY SCHOOL, KOLLEGALA TOWN
KOLLEGALA TALUK,
CHAMARAJANAGAR DISTRICT - 571 440.
24. SRI. M. NATESHA
S/O LATE H.P. MAHADEVAPPA,
AGED ABOUT 48 YEARS,
OCC: ASSISTANT TEACHER,

- 7 -
HC-KAR
NC: 2026:KHC:57506
WP No. 31220 of 2026
CNR: KAHC010679472026
WORKING AT SRI ABDUL NAZIR SAB HIGHER
PRIMARY SCHOOL,
GUNDLUPET TALUK,
CHAMARAJANAGAR DISTRICT - 571 111.
25. SMT. BASAMMANNI K.
W/O NIRANJANASWAMY B.M.,
AGED ABOUT 48 YEARS,
OCC: ASSISTANT TEACHER, WORKING AT SHREE
GURUMALLESHWARA AIDED SCHOOL, KAGALAVADI,
CHAMARAJANAGAR TALUK,
CHAMARAJANAGAR DISTRICT - 571 313.
…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 - 560 001.
2. THE COMMISSIONER,
DEPARTMENT OF SCHOOL EDUCATION AND
LITERACY, NRUPATHUNGA ROAD,
BENGALURU - 560 001.
3. PRINCIPAL ACCOUNTANT GENERAL (A AND E),
P.B. NO. 5329/5369, ANNEXE BUILDING,
PARK HOUSE ROAD,
BENGALURU - 560 001.

- 8 -
HC-KAR
NC: 2026:KHC:57506
WP No. 31220 of 2026
CNR: KAHC010679472026
4. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS
(DDPI),
ADMINISTRATION, DEPARTMENT OF PUBLIC
INSTRUCTIONS, CHAMARAJANAGARA,
CHAMARAJANAGARA DISTRICT - 571 439.
5. THE BLOCK EDUCATION OFFICER (BEO),
HANUR, HANUR TALUK,
CHAMARAJANAGAR DISTRICT - 571 439.
6. THE BLOCK EDUCATION OFFICER(BEO),
KOLLEGAL, KOLLEGAL TALUK,
CHAMARAJANAGAR DISTRICT - 571 440.
7. THE BLOCK EDUCATION OFFICER(BEO),
GUNDLUPET, GUNDLUPET TALUK,
CHAMARAJANAGAR DISTRICT - 571 111.
8. THE BLOCK EDUCATION OFFICER(BEO),
CHAMARAJANAGAR, CHAMARAJANAGAR TALUK,
CHAMARAJANAGAR DISTRICT - 571 313.
…RESPONDENTS
(BY SMT. ASHVINI PATIL, AGA FOR R1, R2, R4 TO R8
SRI. N. AMARESH, ADVOCATE FOR R3)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO 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

- 9 -
HC-KAR
NC: 2026:KHC:57506
WP No. 31220 of 2026
CNR: KAHC010679472026
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 RELEVANT PORTION AND CONNECTED
MATTERS, WHICH IS MARKED AT ANNEXURE-B 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
1. Office objections are waived.
2. Learned Government Advocate is directed to
accept notice for respondents No.1, 2, 4 to 8. Sri. N.
Amaresh, learned counsel is directed to accept notice for
respondent No.3.
3. Learned counsel for the petitioners has filed a
th
memo and seeks for amending description of 19
petitioner.

- 10 -
HC-KAR
NC: 2026:KHC:57506
WP No. 31220 of 2026
CNR: KAHC010679472026
4. In light of the memo and submission made, the
petitioners are permitted to rectify the typographical error
insofar as the description of petitioner No.19.
5. The petitioners are before this court seeking for
the following prayer:
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 and connected matters, relevant
portion dated 24.07.2026 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 common judgment dated 24.07.2026
passed by this Hon’ble Court in W.A.No.2476/2015
relevant portion on Annexure B and connected matters,
and to extend the benefits flowing therefrom to the

- 11 -
HC-KAR
NC: 2026:KHC:57506
WP No. 31220 of 2026
CNR: KAHC010679472026
petitioners, who are similarly situated employees,
representation marked at Annexure-C series.
6. The petitioners who are stated to be teaching
and non-teaching staff serving in various aided educational
institutions have filed the present petition seeking for
issuance of a writ in the nature of mandamus to direct the
respondent authorities to reckon the service rendered by
the petitioners from the dates of their appointment
including the service rendered prior to admission of their
respective posts to grant-in-aid and have sought for
extension of service benefits as may flow from the
observations made in W.A.No.2476/2015 and connected
matters.
7. 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.

- 12 -
HC-KAR
NC: 2026:KHC:57506
WP No. 31220 of 2026
CNR: KAHC010679472026
8. 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.
9. 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.
10. 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

- 13 -
HC-KAR
NC: 2026:KHC:57506
WP No. 31220 of 2026
CNR: KAHC010679472026
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.

- 14 -
HC-KAR
NC: 2026:KHC:57506
WP No. 31220 of 2026
CNR: KAHC010679472026
11. Accordingly, the petition is allowed.
Respondents No.1 and 2 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.
12. Accordingly, the petition is disposed of .
Sd/-
(S SUNIL DUTT YADAV)
JUDGE
SKS