UMA P DESAI vs THE PRINCIPAL SECRETARY
- Court
- Karnataka High Court
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WP No. 108684 of 2026
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IN THE HIGH COURT OF KARNATAKA AT DHARWAD
TH
DATED THIS THE 27 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE T.M.NADAF
WRIT PETITION NO.108684 OF 2026 (S-RES)
BETWEEN:
1. UMA P DESAI W/O: SHRIRANGA NADAGOUD,
AGED ABOUT 47 YEARS, OCC: ASST TEACHER,
W/A: VIDYANANDA GURUKULA COMPOSITE PU COLLEGE,
(HIGH SCHOOL DIVISION), KUKNOOR, KOPPAL.
2. AZMEER SAB NANDAPUR
S/O: SHAMEED SAB NANDAPUR,
AGED ABOUT 54 YEARS, OCC: ASST TEACHER,
W/A: JSS KANNADA MEDIUM HIGH SCHOOL
JULAI NAGAR, GANGAVATHI, KOPPAL.
3. HANUMANTHAPPA
S/O: BHARAMAPPA CHALAVADI,
AGED ABOUT 54 YEARS, OCC: CRAFT TEACHER,
W/A: NRUPATHUNGA HIGH SCHOOL,
BISARHALLI, KOPPAL.
4. MOHAMMAD SAJJAD RAZA NOORI
S/O: KHATIBUDDIN,
AGED ABOUT 61 YEARS, OCC: RETIRED ASST TEACHER,
W/A: ANJUMAN ARABBI MADARASA (ARABIC SCHOOL)
KANAKAGIRI, GANGAVATHI TALUK, KOPPAL.
TH
R/A: 6 WARD, MULLAR STREET,
KANAKAGIRI, GANGAVATHI, KOPPAL.
5. ABDULA MAJEED RAZA
S/O: ABDUL RAZAK
AGED ABOUT 61 YEARS, OCC: ASST TEACHER,
W/A: MADEENA ARABIC SCHOOL
HIREJANKAL, GANGAVATHI, KOPPAL,
Digitally signed by
THEJAS KUMAR N
Location: High
Court of Karnataka,
Dharwad Bench
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R/A: WARD NO.28, HIRE JANTKAL,
GANGAVATHI TALUK, KOPPAL DISTRICT.
6. SHAHIDA KHATOON D/O: NIYAJA AHMAD SAB,
AGED ABOUT 66 YEARS, OCC: ASST TEACHER,
W/A: JANATHA SEVA KANNADA MEDIUM
HIGH SCHOOL GANGAWATHI TALUK, KOPPAL,
R/A: NO.5-113/5-1-12, HOSALLI ROAD,
GANGAWATHI, KOPPAL.
7. RAGHAVENDRA PUROHIT BHAYYAPUR
S/O: RAMACHARYA PUROHIT,
AGED ABOUT 64 YEARS, OCC: CRAFT TEACHER.
W/A: VIVEK BHARATI HIGH SCHOOL
GANGAWATHI TALUK, KOPPAL,
R/A: OPP: ANNAPURNA NURSING HOME,
TH
VADDARAVADA, 19 WARD, BUS STAND ROAD,
GANGAWATHI TALUK, KOPPAL DISTRICT-583227.
8. SHIVASHARANAPPA S/O: DYAMAPPA APPOJI,
AGED ABOUT 49 YEARS, OCC: HEAD MASTER,
W/A: SHRI SIDDHARAMESHWARA HIGH SCHOOL
YELBURGA-583236, KOPPAL.
9. ASHADEVI J W/O: SURESH SONNAD,
AGED ABOUT 64 YEARS, OCC: RETIRED SDA.
W/A: JANATHA SEVA KANNADA MEDIUM HIGH SCHOOL,
GANGAVATHI, KOPPAL DIST.
R/A: WARD NO.27, KALYAN NAGAR,
BEHIND GIRLS HOSTEL, SRI VIJAYA NAGAR COLONY,
HOSALLI ROAD, GANGAVATHI, KOPPAL DIST-583227.
10. VEERABHADRAPPA M S/O: SOMASHEKHRAPPA M,
AGED ABOUT 62 YEARS, OCC: RETIRED ASST. TEACHER,
W/A: SREEMATHI MANTHAGONDA
NEELAMMA MOOKAPPA HIGH SCHOOL,
GANGAVATHI, KOPPAL DIST.
R/A: 5-4-68/7, HOSALLI ROAD,
VIVEKA BHARATHI SCHOOL,
ST
1 MAIN ROAD, KALYAN NAGAR,
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GANGAVATHI, KOPPAL DIST-583227.
11. GAVISIDDAPPA HOSABHAVI
S/O: PARAPPA HOSABHAVI,
AGED ABOUT 69 YEARS, OCC: RETIRED PE TEACHER,
W/A: SREEMATHI MANTHAGONDA
NEELAMMA MOOKAPPA HIGH SCHOOL,
GANGAVATHI, KOPPAL DIST.
ST
R/A: HO.NO: 1-4-108, 1 MAIN,
TH
8 CROSS, WARD NO.3, JAYANAGAR,
GANGAVATHI, KOPPAL DIST-583227.
12. KRISHNAMURTHY ILLUR,
S/O: SANNA SOMANNA ILLUR,
AGED ABOUT 60 YEARS, OCC: RETIRED ASST TEACHER,
W/A: JSS KANNADA MEDIUM HIGH SCHOOL,
JULAINAGAR, GANGAVATHI, KOPPAL,
R/A: WARD NO.12, OPP. ARS PARK,
GANESH COLONY, KANAGIRI ROAD, GANGAVATHI.
13. PORANNA K
S/O: K RAMACHANDRAPPA,
AGED ABOUT 64 YEARS, OCC: RETIRED ASST TEACHER,
W/A: JSS KANNADA MEDIUM HIGH SCHOOL,
JULAINAGAR, GANGAVATHI, KOPPAL,
R/A: NEAR MAHAN KIDS SCHOOL,
RD
CBS BADAVANE, 3 CROSS, GANGAVATHI, KOPPAL.
14. BASAVARAJ K SHRIGIRI
S/O: KERIBASAPPA SHRIGIRI,
AGED ABOUT 57 YEARS, OCC: ASST TEACHER,
W/A: SRI KANAKADASA HIGHER PRIMARY SCHOOL,
MUDHOLA, YELABURGA TALUK, KOPPAL DISTRICT.
15. SHARANAPPA BALAPPA
S/O: BALAPPA KONANNAVAR,
AGED ABOUT 61 YEARS, OCC: RETIRED ASST TEACHER,
W/A: SRI KANAKADASA HIGHER PRIMARY SCHOOL
MUDHOLA, YELABURGA TALUK, KOPPAL DISTRICT.
R/A: JANATHA COLONY, MUDHOLA, KOPPAL.
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16. HANAMANTH HOSUR S/O: BASAPPA HOSURU,
AGED ABOUT 63 YEARS, OCC: RETIRED ASST TEACHER,
W/A: SRI KANAKADASA HIGHER PRIMARY SCHOOL
MUDHOLA, YELABURGA TALUK, KOPPAL DISTRICT.
R/A: MUDHOLA, YELABURGA.
17. VEERAYYA S/O: HALAYYA,
AGED ABOUT 54 YEARS, OCC: ASST TEACHER,
W/A: SRI KANAKADASA HIGHER PRIMARY SCHOOL
MUDHOLA, YELABURGA TALUK, KOPPAL DISTRICT.
18. SHEKHARAPPA
OCC: ASST TEACHER,
W/A: SRI KANAKADASA HIGHER PRIMARY SCHOOL
MUDHOLA, YELABURGA TALUK, KOPPAL DISTRICT,
SINCE DECEASED BY HIS LR’S
VISHALAKSHMI W/O: SHEKHARAPPA NINGOJI,
AGED ABOUT: 46 YEARS, OCC: HOUSE WIFE,
R/A: KARMUDI VILLAGE, YELABURGA TALUK, KOPPAL
DISTRICT.
…PETITIONERS
(BY SRI. G.M. CHANDRASHEKAR, ADVOCATE)
AND:
1. STATE OF KARNAKATA,
THE PRINCIPAL SECRETARY,
DEPARTMENT OF SCHOOL EDUCATION AND
LITERACY,
M.S BUILDING, DR. AMBEDKAR VEEDHI,
BANGALORE-560001.
2. THE ADDITIONAL COMMISSIONER,
DEPARTMENT OF SCHOOL EDUCATION AND
LITERACY, RODDA ROAD, DHARWAD-580008.
3. THE DIRECTOR,
DEPARTMENT OF SCHOOL EDUCATION
(PRE UNIVERSITY)
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TH
18 CROSS, SAMPIGE ROAD, MALLESHWARAM,
BANGALORE – 560012.
4. THE DEPUTY DIRECTOR OF PUBLIC
INSTRUCTIONS ADMINISTRATION,
DEPARTMENT OF PUBLIC INSTRUCTIONS,
KOPPAL-583231.
…RESPONDENTS
(BY SRI. SHARAD V.MAGADUM, AGA FOR R1 TO R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A)
DIRECT THE RESPONDENT AUTHORITIES TO CONSIDER THE
REPRESENTATION DATED 31.08.2026 VIDE ANNEXURE-C AND
GRANT THE FINANCIAL SERVICE BENEFITS IN FAVOUR OF THE
PETITIONERS AS PER THE ORDER DATED 10.07.2015 IN WP
NO.21216/2014 AND ORDER DATED 24/07/2026 IN 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 B) DIRECT THE
RESPONDENT AUTHORITIES TO CONSIDER AND GRANT THE
FINANCIAL SERVICE BENEFITS OF THE PETITIONERS FROM
THE DATE OF THEIR ENTRY INTO SERVICE I.E., FROM THE
DATE OF APPOINTMENT INSTEAD FROM THE DATE OF THEIR
GRANT-IN-AID SO AS TO CALCULATE THEIR SENIORITY, BASIC
PAY FIXATION, ANNUAL INCREMENT, TIME BOUND
INCREMENT, ETC., AS THEY ARE LEGALLY ENTITLED FOR THE
SAID BENEFITS ON PAR WITH THE GOVERNMENT EMPLOYEES,
IN TERMS OF THE ORDER DATED 10.07.2015 IN WP
NO.21216/2014 AND WA NO.2467/2015, WA NO.2476/2015
PASSED BY THE LEARNED SINGLE JUDGE AND HON’BLE
DIVISION BENCH OF HON’BLE HIGH COURT OF KARNATAKA,
BENGALURU VIDE ANNEXURE-A AND B RESPECTIVELY. C)
ISSUE ANY SUCH OTHER RELIEF’S/ORDERS AS THIS HON’BLE
COURT DEEMS FIT IN THE CIRCUMSTANCES OF THE CASE AND
FOR COST, IN THE INTEREST OF JUSTICE AND EQUITY.
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THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE T.M.NADAF
ORAL ORDER
Though the matter is listed under the caption ‘Fresh
matters’, on the submission that the matter is covered by
the judgment of Division Bench of this Court in
W.A.No.2476/2015, disposed on 24.07.2026, the matter is
taken up for disposal with the consent of both the parties.
2. Heard Sri. G.M. Chandrashekhar, learned
counsel appearing for the petitioners and Sri. Sharad V.
Magadum, learned AGA appearing for respondent Nos.1 to
4/State.
3. This petition is filed by the petitioners seeking
following reliefs:
"a) Direct the Respondent Authorities to consider the
Annexure-c
representation dated 31.08.2026 vide and
grant the financial service benefits in favour of the
petitioners as per the order dated 10.07.2015 in WP
No.21216/2014 and order dated 24/07/2026 in WA
No.2467/2015, WA No.2476/2015 and connected matters
passed by the Learned Single Judge and Hon’ble Division
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Bench of High Court of Karnataka, Vide Annexure-A and
B respectively
b) Direct the Respondent authorities to consider and
grant the financial service benefits of the Petitioners from
the date of their entry into service i.e., from the date of
appointment instead from the date of their grant-in-aid so
as to calculate their seniority, basic pay fixation, annual
increment, time bound increment, etc., as they are legally
entitled for the said benefits on par with the Government
employees, in terms of the order dated 10.07.2015 in WP
No.21216/2014 and WA No.2467/2015, WA
No.2476/2015 passed by the Learned Single Judge and
Hon’ble Division Bench of Hon’ble High Court of
Annexure-A and B
Karnataka, Bengaluru vide
respectively.
c) Issue any such other relief’s/orders as this Hon’ble
Court deems fit in the circumstances of the case and for
cost, in the interest of justice and equity.”
4. The main grievance of the petitioners in this
petition is that the service rendered by the petitioners
prior to admitting them to the post of grant-in-aid was not
considered for the purpose of pay fixation, increments,
seniority, pensionary and other consequential benefits.
The Co-ordinate Bench of this Court in
W.P.No.21216/2014 along with other connected matters
disposed on 10.07.2015, struck down the Karnataka
Private Aided Educational Institutions Employees
(Regulation of Pay, Pension and Other Benefit) Act 2014,
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which sought to exclude pre-grant service for various
service and pensionary benefits. The State was in appeal
in W.A.No.2476/2015 and connected matters. The Division
Bench of this Court on 24.07.2026 disposed of the matter
confirming the judgment passed by the Co-ordinate Bench
of this Court in the aforesaid Writ Petition. The Division
Bench of this Court at paragraph No.61 has held as under:
“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 grantin-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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5. Since the petitioners are similarly placed, the
same benefit is extended. Accordingly, this Court proceeds
to pass the following:
ORDER
allowed
i. The Writ Petition is .
ii. The mandamus is issued to the respondent-
authorities to consider the past service
rendered by the petitioners from their date of
initial appointment prior to admitting him to the
post of grant-in-aid for the purpose of
fixation/re-fixation of pay, increments,
seniority, pensionary, retire benefits and all
other consequential service benefits in
accordance with paragraph No.61 extracted
afore of the judgment dated 24.07.2026
passed in W.A.No.2476/2015 passed by the
Division Bench of this Court.
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iii. The entire exercise shall be completed within a
period of six weeks from today, and compliance
shall be reported with the registry.
Sd/-
(T.M.NADAF)
JUDGE
RKM
CT: UMD