SRI RAMESH GOWDA C vs THE STATE OF KARNATAKA

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 13 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV
WRIT PETITION NO. 32169 OF 2026 (S-RES)
BETWEEN:
1. SRI RAMESH GOWDA C
S/O SONNAPPA,
AGED ABOUT 54 YEARS,
OCC HEAD MASTER,
THOTLY, KOLAR TALUK
KOLAR DISTRICT - 563 102.
2. SRI. KRISHNA K.P.,
S/O PILLAPPA,
AGED ABOUT 59 YEARS,
OCC: ASSISTANT TEACHER,
WORKING AT SHRI. SHANTINIKETHAN HIGH
SCHOOL, THOTLY,
KOLAR TALUK, KOLAR DISTRICT - 563 102.
Digitally signed
by PRAKASH N
Location: HIGH
COURT OF
KARNATAKA
3. SMT. VIJAYALAKSHMI C.V
W/O NARAYANASWAMY G,
AGED ABOUT 51 YEARS,
OCC: ASSISTANT TEACHER,
WORKING AT SHRI. SHANTINIKETHAN HIGH
SCHOOL, THOTLY, KOLAR TALUK,
KOLAR DISTRICT - 563 102.
4. SMT PADMAJA B.S,
W/O SURYANARAYANA RAO K.R.,
AGED ABOUT 55 YEARS,

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OCC: ASSISTANT TEACHER,
WORKING AT SHRI. SHANTINIKETHAN HIGH
SCHOOL, THOTLY,
KOLAR TALUK,
KOLAR DISTRICT - 563 102.
5. SRI. VISHVANATH C.,
S/O CHANNAPA C.R.,
AGED ABOUT 49 YEARS,
OCC: ASSISTANT TEACHER,
WORKING AT SHRI.SHANTINIKETAN HIGH SCHOOL,
THOTLY, KOLAR TALUK, KOLAR DISTRICT - 563 102.
6. SRI. CHANDRA S.,
S/O SIDDAVEERAPPA,
AGED ABOUT 61 YEARS,
OCC RETD P.E. TEACHER,
AT SHRI. SHANTINIKETAN HIGH SCHOOL, THOTLY,
KOLAR TALUK, KOLAR DISTRICT - 563 102.
7. SRI. BHAGTAMARKANDAIAH,
S/O MARRAPPA
AGED ABOUT 51 YEARS,
OCC ASSISTANT TEACHER, WORKING AT
SHRI SHANTINIKETAN HIGH SCHOOL, THOTLY,
KOLAR TALUK, KOLAR DISTRICT - 563 102.
8.
SRI. MANJUNATH V,
S/O VENKATESHAPPA,
AGED ABOUT 51 YEARS,
OCC: S.D.A, WORKING AT SHRI SHANTINIKETAN
HIGH SCHOOL, THOTLY, KOLAR TALUK,
KOLAR DISTRICT - 563 102.

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9. SRI. C. NARAYANAPPA,
S/O CHINNAPPA,
AGED ABOUT 65 YEARS,
OCC: RETD "S.D.A. AND TYPEWRITER AT
JANATHA HIGH SCHOOL, KEMBODI,
KOLAR TALUK, KOLAR DISTRICT - 563 101.
10.
SRI. RAVI B
S/O BYREGOWDA B,
AGED ABOUT 47 YEARS,
OCC: ASSISTANT TEACHER,
WORKING AT DR. RADHA KRISHNA AIDED HIGHER
PRIMARY SCHOOL, K.N.S POST, KOLAR TALUK,
KOLAR DISTRICT - 560 103.
11. SMT. LAKSHMIDEVAMMA V.
W/O RAMACHANDRAPPA D.V.,
AGED ABOUT 60 YEARS,
OCC: RETD HEAD MASTER AT
DR. RADHA KRISHNA AIDED HIGHER PRIMARY
SCHOOL, K.N.S POST, KOLAR TALUK,
KOLAR DISTRICT - 560 103.
12. SRI. RAMAIAH M.,
S/O MUNIYAAPA,
AGED ABOUT 54 YEARS,
OCC ASSISTANT TEACHER,
WORKING AT SHRI GOUTHAMA HIGH SCHOOL,
HANUMANTHNAGAR, MALUR TALUK,
KOLAR DISTRICT - 563 130.
13. SRI. VEERABHADRAPPA,
S/O VENKATAPPA
AGED ABOUT 62 YEARS,

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OCC: RETD HEAD MASTER,
AT SHRI GOUTHAMA HIGH SCHOOL,
HANUMANTHNAGAR, MALUR TALUK,
KOLAR DISTRICT - 563 130.
14. SRI. MUNIRAJU T.C.,
S/O THIMMARAYAPPA,
AGED ABOUT 68 YEARS,
OCC: RETD P.E TEACHER,
AT SHRI GOUTHAMA HIGH SCHOOL,
HANUMANTHNAGAR, MALUR TALUK,
KOLAR DISTRICT - 563 130.
15. SRI R. SRINIVASA,
S/O RAMAIAH P.
AGED ABOUT 68 YEARS,
OCC: RETD "ASSISTANT TEACHER",
AT SHRI GOUTHAMA HIGH SCHOOL,
HANUMANTHNAGAR, MALUR TALUK,
KOLAR DISTRICT - 563 130.
16. SRI. H.S. RAMESH
S/O LATE H.N. SRINIVASGOWDA,
AGED ABOUT 64 YEARS,
OCC: RETD DRAWING TEACHER,
AT VIDYABHIRUDDHI HIGH SCHOOL,
VAKKALARI, KOLAR TALUK,
KOLAR DISTRICT - 563 130.
17. SMT. BYYAMMA D.M.
D/O K. CHIKKAMUNISHAMY DWARASANDRA,
AGED ABOUT 57 YEARS,
OCC: ASSISTANT TEACHER,
WORKING AT MATHRU BHOOMI HIGH SCHOOL,

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KODIKANNUR ARAHALLI POST, KOLAR TALUK,
KOLAR DISTRICT - 563 102.
18. SMT. K.V. NIRMALA
W/O K. PUTTARAJU,
AGED ABOUT 58 YEARS,
OCC: ASSISTANT TEACHER,
WORKING AT MATHRU BHOOMI HIGH SCHOOL,
KODIKANNUR ARAHALLI POST,
KOLAR T KOLAR, KOLAR DISTRICT - 563 102
19. SMT. RANMADEVI N.S.
W/O VENKAREDDY S.C.,
AGED ABOUT 53 YEARS,
OCC: ASSISTANT TEACHER,
WORKING AT MATHRU BHOOMI HIGH SCHOOL,
KODIKANNUR ARAHALLI POST, KOLAR TALUK,
KOLAR DISTRICT - 563 102.
20. SMT. ROOPAVATHI
W/O MUNIVENKATEGOWDA N,
AGED ABOUT 51 YEARS,
OCC: ASSISTANT TEACHER,
WORKING AT MATHRU BHOOMI HIGH SCHOOL,
KODIKANNUR ARAHALLI POST,
KOLAR TALUK, KOLAR DISTRICT - 563 102.
21. SRI. RANGAPPA
S/O RAMAPPA,
AGED ABOUT 56 YEARS,
OCC: CRAFT TEACHER
WORKING AT MATHRU BHOOMI HIGH SCHOOL,
OCC CRAFT TEACHER, KODIKANNUR ARAHALLI
POST, KOLAR TALUK, KOLAR DISTRICT - 563 102.

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22. SRI. NAGARAJ M
S/O D. MUNIYAPPA,
AGED ABOUT 47 YEARS,
OCC: D GROUP,
WORKING AT MATHRU BHOOMI HIGH SCHOOL,
KODIKANNUR ARAHALLI POST,
KOLAR TALUK, KOLAR DISTRICT - 563 102.
23. SRI. ZIAHULLA SHARIFF D.K.,
S/O ABDUL KHALIQH D.K.,
AGED ABOUT 71 YEARS,
OCC: RETD LECTURER,
AT AL-AMEEN DR. M.A.K. P.U. COLLEGE,
KEELUKOTE LAYOUT, KOLAR TALUK,
KOLAR DISTRICT - 563 101.
…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.

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4. THE DIRECTOR DEPARTMENT OF SCHOOL
EDUCATION (PRE-UNIVERSITY) (PUE),
18TH CROSS, SAMPIGE ROAD, MALLESHWARAM,
BENGALURU - 560 012
5. DEPUTY DIRECTOR OF
PRE-UNIVERSITY EDUCATION (DDPU)
BENGALURU NORTH, SHRI PHALAXA T. BOYS GOVT
PU COLLEGE CAMPUS, 18TH CROSS,
MALLESHWARAM, BENGALURU NORTH - 560 009.
6. THE DEPUTY DIRECTOR
OF PUBLIC INSTRUCTIONS (DDPI),
ADMINISTRATION, DEPARTMENT OF PUBLIC
INSTRUCTIONS KOLAR DISTRICT - 563 101.
7. THE BLOCK EDUCATION OFFICER(BEO),
KOLAR, KOLAR TALUK,
KOLAR DISTRICT - 563 101.
8.
THE BLOCK EDUCATION OFFICER(BEO),
MALUR, MALUR TALUK,
KOLAR DISTRICT - 563 130.
…RESPONDENTS
(BY SMT. ASHVINI PATIL, AGA FOR R1, 2, 4 TO 8
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

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RENDERED PRIOR TO ADMISSION OF THEIR RESPECTIVE
POSTS TO APPROVAL/GRANT-IN-AID, FOR THE PURPOSE OF
FIXATION/RE-FIXATION OF PAY, PENSIONARY/RETRIAL
BENEFITS AND ALL OTHER CONSEQUENTIAL INCREMENTS,
SENIORITY, SERVICE BENEFITS, IN ACCORDANCE WITH THE
LAW DECLARED BY THIS HON'BLE COURT IN
W.A.NO.2476/2015 ORDER DATED 24/07/2026 AND
CONNECTED MATTERS, WHICH IS MARKED AT ANNEXURE-B.
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. Learned counsel for the petitioners submits that
court fee has been paid.
2. Office to verify. Insofar as office objection No.2,
he submits that same would be complied forthwith, as
regard office objection No.3, same is waived.
3. 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.

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4. 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 approval/Grant-in-Aid, for
the purpose of fixation/re-fixation of pay,
increments, seniority, pensionary/retrial
benefits and all other consequential service
benefits, in accordance with the law declared
by this Hon'ble Court in W.A.No.2476/2015
order dated 24/07/2026 and connected
matters, which is marked at Annexure-B;
b) Issue a writ in the nature of Mandamus
directing Respondents to consider the
representations dated 08.09.2026 and
29.09.2026 marked at Annexure-C in the
light of the common judgment dated
24.07.2026 passed by this Hon'ble Court in
W.A.No.2476/2015 and on Annex B and
connected matters, and to extend the
benefits flowing therefrom to the Petitioners,
who are similarly situated employees.
5. The petitioners who are stated to be teaching
and non-teaching staff serving in various aided educational
institution have filed the present petition seeking for
issuance of a writ in the nature of mandamus to direct the

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respondent authorities to reckon the service rendered by
the petitioners from the date 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.
6. 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.
7. 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.
8. Learned Government Advocate appearing for
the respondents submits that while the order in writ

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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.
9. 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

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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.
10. Accordingly, the petition is allowed.
Respondents No.1, 2, 4 to 8 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

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service benefits. Such consideration to be completed
within a period of six (6) months.
11. Accordingly, the petition is disposed of .
Sd/-
(S SUNIL DUTT YADAV)
JUDGE
SKS