SRI B SHIVASHANKARAIAH vs THE STATE OF KARNATAKA

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HC-KAR
NC: 2026:KHC:58705
WP No. 32550 of 2026
CNR: KAHC010714192026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 16 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV
WRIT PETITION NO. 32550 OF 2026 (S-RES)
BETWEEN:
1. SRI. B. SHIVASHANKARAIAH
S/O BASAVALINGAIAH,
AGED ABOUT 69 YEARS,
OCC: RETD ASSISTANT TEACHER,
AT D.V.P. BOYS HIGH SCHOOL,
CHIKKANAYAKANAHALLI TALUK,
TUMKUR DISTRICT - 572214.
2. SRI. NARASIMHA MURTHY M.G.
S/O GANGANARASAIAH,
AGED ABOUT 67 YEARS,
OCC: RETD HEAD MASTER,
AT D.V.P. BOYS HIGH SCHOOL,
CHIKKANAYAKANAHALLI TALUK,
TUMKUR DISTRICT - 572214.
Digitally
signed by
PRAKASH N
Location:
HIGH
COURT OF
KARNATAKA
3.
SRI. E. JAGANNATHA,
S/O LATE ERMALLAIAH,
AGED ABOUT 54 YEARS,
OCC: ASSISTANT TEACHER,
WORKING AT SRI JYOTHI RURAL HIGH
SCHOOL,THOVINAKERE,
KORATAGERE TALUK,
TUMKUR DISTRICT - 572138.

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4. SRI. K. MOHAN,
S/O LATE GOPALRAO,
AGED ABOUT 58 YEARS,
OCC: ASSISTANT TEACHER,
WORKING AT SRI JYOTHI RURAL HIGH
SCHOOL,THOVINAKERE,
KORATAGERE TALUK,
TUMKUR DISTRICT - 572138.
5.
SRI. RAMAKRISHNAREDDY R.
S/O LATE RANGAPPA,
AGED ABOUT 56 YEARS,
OCC: ASSISTANT TEACHER,
WORKING AT SRI JYOTHI RURAL HIGH
SCHOOL,THOVINAKERE,
KORATAGERE TALUK,
TUMKUR DISTRICT - 572138.
6. SMT. G. SHARADAMMA,
D/O LATE GANGAIAH,
AGED ABOUT 53 YEARS,
OCC: ASSISTANT TEACHER,
WORKING AT SRI JYOTHI RURAL HIGH
SCHOOL,THOVINAKERE,
KORATAGERE TALUK,
TUMKUR DISTRICT - 572138.
7. SRI. K.H. SURESH
S/O K. HANUMANTHARAYAPPA,
AGED ABOUT 51 YEARS,
OCC: DRAWING TEACHER,
WORKING AT SRI JYOTHI RURAL HIGH
SCHOOL,THOVINAKERE,
KORATAGERE TALUK,
TUMKUR DISTRICT - 572138.

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8. SMT. K.P. LALITHA
W/O B.V. GIRIYAPPA GOWDA,
AGED ABOUT 54 YEARS,
OCC: ASSISTANT TEACHER,
WORKING AT S.V.K.B. HIGH SCHOOL,
BYTHARAHOSAHALLI,
MAYASANDRA HOBLI, DASHIHALLI POST,
TURUVEKERE TALUK,
TUMKUR DISTRICT - 572221.
9. SRI. SHIVAKUMAR V.B.
S/O LATE BORAIAH,
AGED ABOUT 53 YEARS,
OCC: ASSISTANT TEACHER,
WORKING AT S.V.K.B. HIGH SCHOOL,
BYTHARAHOSAHALLI,
MAYASANDRA HOBLI, DASHIHALLI POST,
TURUVEKERE TALUK,
TUMKUR DISTRICT - 572221.
10. SRI. H. SHIVALINGAPPA
S/O LATE HUCCHAIAH,
AGED ABOUT 52 YEARS,
OCC: CRAFT TEACHER,
WORKING AT S.V.K.B. HIGH SCHOOL,
BYTHARAHOSAHALLI,
MAYASANDRA HOBLI, DASHIHALLI POST,
TURUVEKERE TALUK,
TUMKUR DISTRICT - 572221.
11.
SRI. B.R. PRAKASHA
S/O CHIKKARAMAIAH,
AGED ABOUT 51 YEARS,
OCC: S.D.A.,

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WORKING AT S.V.K.B. HIGH SCHOOL,
BYTHARAHOSAHALLI,
MAYASANDRA HOBLI, DASHIHALLI POST,
TURUVEKERE TALUK,
TUMKUR DISTRICT - 572221.
12. SRI. M.V. BASAVARAJAPPA
S/O LATE M.C. VEERABHADRAPPA,
AGED ABOUT 64 YEARS,
OCC: RETD P.E. TEACHER,
AT S.V.K.B. HIGH SCHOOL, BYTHARAHOSAHALLI,
MAYASANDRA HOBLI, DASHIHALLI POST,
TURUVEKERE TALUK,
TUMKUR DISTRICT - 572221.
13. SRI. PRAKASH A.R.
S/O LATE RAJANNA A.M.,
AGED ABOUT 60 YEARS,
OCC: RETD P.E. TEACHER,
AT SREE KALABYRAVA RURAL HIGH SCHOOL,
D KALKERE AT POST, DANDINASHIVARA HOBLI,
TURUVEKERE TALUK,
TUMKUR DISTRICT - 572221.
14.
SRI. KEMPEGOWDA N.,
S/O LATE NANJEGOWDA K.,
AGED ABOUT 61 YEARS,
OCC: RETD ASSISTANT TEACHER,
AT SREE KALABYRAVA RURAL HIGH SCHOOL,
D KALKERE AT POST, DANDINASHIVARA HOBLI,
TURUVEKERE TALUK,
TUMKUR DISTRICT - 572221.

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15. SRI. SURESHA
S/O NANJUNDEGOWDA,
AGED ABOUT 55 YEARS,
OCC: CRAFT TEACHER,
WORKING AT SREE KALABYRAVA RURAL HIGH
SCHOOL,
D KALKERE AT POST, DANDINASHIVARA HOBLI,
TURUVEKERE TALUK,
TUMKUR DISTRICT - 572221.
16.
SRI. SHIVAKUMAR M.
S/O LATE MALLIKARJUNAIAH,
AGED ABOUT 54 YEARS,
OCC: ASSISTANT TEACHER,
WORKING AT SREE KALABYRAVA RURAL
HIGH SCHOOL,
D KALKERE AT POST, DANDINASHIVARA HOBLI,
TURUVEKERE TALUK,
TUMKUR DISTRICT - 572221.
17. SRI. K G ANANTHARAMAIAH
S/O K.S. GAGADHARAIAH
AGED ABOUT 61 YEARS
OCC: RETD P.E. TEACHER,
AT SIDDARTHA RURAL HIGH SCHOOL,
BILIDEVALAYA,
KUNIGAL TALUK,
TUMKUR DISTRICT - 572130.
18. SRI. KUMBEENARASAIAH,
S/O SIDDANARASAIAH,
AGED ABOUT 61 YEARS,
OCC: RETD P.E. TEACHER,
AT SIDDARTHA RURAL HIGH SCHOOL,

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MARKONAHALLI, KUNIGAL TALUK,
TUMKUR DISTRICT - 572111.
19. SMT. MEHER NAVEEDAKHANUM,
W/O ISMAIL ZABI ULLA,
AGED ABOUT 61 YEARS,
OCC: RETD ASSISTANT TEACHER,
AT SIDDARTHA HIGH SCHOOL,
S.S.R.H.S. VINOBA NAGAR, TUMKUR,
TUMKUR TALUK,
TUMKUR DISTRICT - 572107.
20. SRI. JAYARAMA K.N.,
S/O NANJEGOWDA,
AGED ABOUT 60 YEARS,
OCC: RETD ASSISTANT TEACHER,
AT SHREE SIDDARTHA AIDED HIGH SCHOOL,
MAKONAHALLI, KUNIGAL TALUK,
TUMKUR DISTRICT - 572111.
21. SRI. BASHEER K.,
S/O KHUTUBDEEN SAB,
AGED ABOUT 64 YEARS,
OCC: RETD LECTURER IN POLITIAL SCIENCE,
AT M.G.M. COMPOSITE P.U. COLLEGE,
LINGADAHALLY, PAVAGADA TALUK,
TUMKUR DISTRICT - 561202.
22. SMT. LALITHAMMA N.
W/O DODDANARAYANAPPA,
AGED ABOUT 56 YEARS,
OCC: D GROUP,
WORKING AT SREE SHIVANANDA HIGH SCHOOL,
TUMBADI, KORATAGERE TALUK,
TUMKUR DISTRICT - 572129.

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23. SRI. MAHANTHESHA H.S.
S/O SADASHIVAIAH A.N.,
AGED ABOUT 60 YEARS,
OCC: RETD LECTURER,
AT M.G.M. COMP P.U. COLLEGE,
LINGADAHALLI, PAVAGADA TALUK,
TUMKUR DISTRICT - 561202.
24.
SRI. H.O. THIPPESWAMY
S/O H.G. ORAGALLAPPA,
AGED ABOUT 61 YEARS,
OCC: RETD ASSISTANT TEACHER,
AT SREE SIDDARTHA RESIDENTIAL HIGH
SCHOOL,
MARKONAHALLI,
KUNIGAL TALUK,
TUMKUR DISTRICT - 572111.
25. SRI. MARAHANUMAIAH T.,
S/O THIMMAIAH,
AGED ABOUT 56 YEARS,
OCC: GROUP D
WORKING AT BELADHARA RURAL
HIGH SCHOOL,
SIDDAGANGA SAMUSTHE, KORA HOBLI,
TUMKUR TALUK,
TUMKUR DISTRICT - 572106.
26. SRI. GANGADARAIAH C.,
S/O CHIKKARANGAIAH,
AGED ABOUT 58 YEARS,
OCC: GROUP D,
WORKING AT KANAKA HIGH SCHOOL,
ECHANUR, TIPTUR TALUK,
TUMKUR DISTRICT - 572201.

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27. SRI. THIRUMALLAPPA ALIAS THIRUMALAIAH,
S/O B T GANGAIAH,
AGED ABOUT 67 YEARS,
OCC: RETD D GROUP,
AT VEERABADRA SWAMY HIGH SCHOOL,
HARALURU, TUMKUR TALUK,
TUMKUR DISTRICT - 572104.
28.
SRI. PANCHAKSHARAIAH,
S/O LATE GANGAIAH,
AGED ABOUT 66 YEARS,
OCC: RETD D GROUP,
AT S P S JUNIOR COLLEGE, RANGAPURA,
TIPTUR TALUK,
TUMKUR DISTRICT - 572201.
…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 - 560001.
2. THE COMMISSIONER,
DEPARTMENT OF SCHOOL EDUCATION
AND LITERACY,
NRUPATHUNGA ROAD,
BENGALURU - 560001.
3. PRINCIPAL ACCOUNTANT GENERAL (A AND E)

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P.B. NO. 5329/2369, ANNEXE BUILDING,
PARK HOUSE ROAD,
BENGALURU - 560001.
4. THE DIRECTOR DEPARTMENT OF SCHOOL
EDUCATION (PRE-UNIVERSITY) (PUE),
18TH CROSS, SAMPIGE ROAD,
MALLESHWARAM,
BENGALURU - 560012.
5.
DEPUTY DIRECTOR OF PRE-UNIVERSITY
EDUCATION (DDPU) BENGALURU NORTH,
SHRI PHALAXA T. BOYS GOVT PU COLLEGE
CAMPUS, 18TH CROSS, MALLESHWARAM,
BENGALURU NORTH - 560009.
6.
THE DEPUTY DIRECTOR OF PUBLIC
INSTRUCTIONS (DDPI),
ADMINISTRATION,
DEPARTMENT OF PUBLIC INSTRUCTIONS,
TUMKUR DISTRICT - 572102.
7.
THE BLOCK EDUCATION OFFICER (BEO),
CHIKKANAYAKANAHALLI,
CHIKKANAYAKANAHALLI TALUK,
TUMKUR DISTRICT - 572214.
8. THE BLOCK EDUCATION OFFICER (BEO)
KORATAGERE,
KORATAGERE TALUK,
TUMKUR DISTRICT - 572129.
9. THE BLOCK EDUCATION OFFICER (BEO)
TURUEKERE,

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TURUVEKERE TALUK,
TUMKUR DISTRICT - 572227.
10. THE BLOCK EDUCATION OFFICER (BEO),
KUNIGAL,
KUNIGAL TALUK,
TUMKUR DISTRICT - 572130.
11.
THE BLOCK EDUCATION OFFICER (BEO)
TUMKUR,
TUMKUR TALUK,
TUMKUR DISTRICT - 572107.
12. THE BLOCK EDUCATION OFFICER (BEO)
PAVAGADA,
PAVAGADA TALUK,
TUMKUR DISTRICT - 561202.
13. THE BLOCK EDUCATION OFFICER (BEO)
TIPTUR,
TIPTUR TALUK,
TUMKUR DISTRICT - 572201.
…RESPONDENTS
(BY SMT. ASHVINI PATIL, AGA FOR R1, R2, R4 TO R13;
SRI. N. AMARESH, ADVOCATE FOR R3)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO 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

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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
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 Additional Government Advocate accepts
notice for respondents No.1, 2, 4 to 13. Learned counsel
Sri. N.Amaresh is directed to accept notice for respondent
No.3.
2. The petitioners are stated to be the teaching
and non-teaching staff working since several years. The
petitioners have filed the present petition seeking direction
to the respondents to consider the representations at
Annexure-C series 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 their seniority, basic pay fixation, increments,

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pensionary/retiral benefits and all other consequential
service benefits, in terms of the obs ervations made in
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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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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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, 2, 4 to 6 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.: 18