SRI SEETARAM NAIK vs THE STATE OF KARNATAKA

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 17 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV
WRIT PETITION NO. 32644 OF 2026 (S-RES)
BETWEEN:
1. SRI SEETARAM NAIK
S/O KERIYA NAIK,
AGED ABOUT 60 YEARS,
OCC: RETD HEAD MASTER,
AT SHANTAVERI GOPAL GOWDA HIGH SCHOOL,
SYDUR, SAGAR TALUK,
SHIVAMOGGA DISTRICT 577430.
2. SRI. KUMAR R
S/O G RAMAPPA,
AGED ABOUT 60 YEARS,
OCC: RETD S.D.C,
AT SRI LEPAKSHA SWAMY COMPOSITE
JUNIOR COLLEGE,
SEETHARAMPURA, BHADRAVATHI TALUK,
SHIVAMOGGA DISTRICT 577233.
Digitally signed
by PRAKASH N
Location: HIGH
COURT OF
KARNATAKA
3. SRI. H G SOMESWARA
S/O GOVINDAPPA
AGED ABOUT 73 YEARS,
OCC: RETD ASSISTANT TEACHER,
AT WELFARE HIGHER PRIMARY SCHOOL,
VIDHYAMANDIRA,
BHADRAVATI TALUK,
SHIVAMOGGA DISTRICT -577301.

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AND ALSO
R/A SHREE GURU NILAYA
4TH CROSS, P AND T COLONY
VINOBHANAGARA,
SHIVAMOGGA-577201.
4. SRI. A G BASAVANTHAPPA
S/O GURUPAADAPPA,
AGED ABOUT 75 YEARS,
OCC: RETD ASSISTANT TEACHER,
AT WELFARE HIGHER PRIMARY SCHOOL,
VIDHYAMANDIRA, BHADRAVATI TALUK,
SHIVAMOGGA DISTRICT - 577301
AND ALSO
R/A GANAPA NILAYA, 6TH CROSS,
2ND STAGE VINOBANAGARA
NEAR PARSHWANATHA PARK
SHIVAMOGGA-577201.
5. SRI. B C SHEKHARAPPA
S/O B CHANDRAPPA,
AGED ABOUT 75 YEARS,
OCC: RETD ASSISTANT TEACHER,
AT WELFARE HIGHER PRIMARY SCHOOL,
VIDHYAMANDIRA, BHADRAVATI TALUK,
SHIVAMOGGA DISTRICT -577301.
AND ALSO R/A D.W.C. 268/A
HUTTA COLONY
BHADRAVATI - 577301.
6. SRI. H C SHIVALINGAPPA
S/O CHANNABASAPPA,
AGED ABOUT 71 YEARS,
OCC: RETD ASSISTANT TEACHER,

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AT WELFARE HIGHER PRIMARY SCHOOL,
VIDHYAMANDIRA, BHADRAVATI TALUK,
SHIVAMOGGA DISTRICT 577301.
AND ALSO R/A L-61/A AND B,
VIDAYAMANDIRA, NEWTOWN,
BHADRAVATI 577301.
7. SMT. R NAGARATHNAMMA
W/O SANGAPPA,
AGED ABOUT 71 YEARS,
OCC: RETD ASSISTANT TEACHER,
AT WELFARE HIGHER PRIMARY SCHOOL,
VIDHYAMANDIRA, BHADRAVATI TALUK,
SHIVAMOGGA DISTRICT -577301.
AND ALSO R/A D.W.C. 310/B
HUTTA COLONY
BHADRAVATI - 577301.
8. SRI. G P RAMAKRISHNAPPA
S/O LATE GP TIMMAPPA,
AGED ABOUT 74 YEARS,
OCC: RETD ASSISTANT TEACHER,
AT WELFARE HIGHER PRIMARY SCHOOL,
VIDHYAMANDIRA, BHADRAVATI TALUK,
SHIVAMOGGA DISTRICT -577301.
AND ALSO R/A D.W.C. 119/AB
HUTTA COLONY
BHADRAVATI-577301.
9.
SRI. R NARASIMHAPPA
S/O LATE RANGAPPA,
AGED ABOUT 74 YEARS,
OCC: RETD ASSISTANT TEACHER,
AT WELFARE HIGHER PRIMARY SCHOOL,

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VIDHYAMANDIRA, BHADRAVATI TALUK,
SHIVAMOGGA DISTRICT -577301.
AND ALSO R/A K HB 63/B
GOLDEN JUBILEE COLONY
BHADRAVATI- 577301.
10.
SMT. B H RADHAMMA
W/O B.G. HEMANNA,
AGED ABOUT 66 YEARS,
OCC: RETD ASSISTANT TEACHER,
AT WELFARE HIGHER PRIMARY SCHOOL,
VIDHYAMANDIRA, BHADRAVATI TALUK,
SHIVAMOGGA DISTRICT -577301.
AND ALSO R/A 43C 1ST MAIN,
6TH CROSS, SRINIVASAREDDY LAYOUT,
RAINBOW TOWERS, PRE-SCHOOL,
ANJANAPURA POST AVALAHALLI,
BENGALURU 560108.
11. SRI. B H SIDDAPPA
S/O SANNAHANUMANTHAPPA ,
AGED ABOUT 71 YEARS,
OCC: RETD ASSISTANT TEACHER,
AT WELFARE HIGHER PRIMARY SCHOOL,
VIDHYAMANDIRA, BHADRAVATI TALUK,
SHIVAMOGGA DISTRICT 577301.
AND ALSO R/A H 13, NEW TOWN,
BHADRAVATI-577301
12. SMT. GEETHADEVI
W/O B. BASAVARAJA,
AGED ABOUT 66 YEARS,
OCC: RETD ASSISTANT TEACHER,
AT WELFARE HIGHER PRIMARY SCHOOL,

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VIDHYAMANDIRA, BHADRAVATI TALUK,
SHIVAMOGGA DISTRICT - 577301.
AND ALSO R/A KHB 22A
GOLDEN JUBILEE,
BHADRAVATI-577301.
13. SMT. K G NETHRAVATHI
W/O SUBHASH S K,
AGED ABOUT 63 YEARS,
OCC: RETD ASSISTANT TEACHER,
AT WELFARE HIGHER PRIMARY SCHOOL,
VIDHYAMANDIRA, BHADRAVATI TALUK,
SHIVAMOGGA DISTRICT -577301.
AND ALSO R/A 121/A BLOCK,
SWAMY VIVEKANANDA LAYOUT,
GOOD LUCK CIRCLE, GOPALA,
SHIVAMOGGA 577301.
14. SRI. DAVID LIVINGSTONE SANTHAKUMAR
S/O JAYAKUMAR V,
AGED ABOUT 63 YEARS,
OCC: RETD P.E. TEACHER
AT SAANJOSE HIGH SCHOOL,
SAGARA ROAD, GADIKOPPA,
SHIVAMOGGA TALUK,
SHIVAMOGGA DISTRICT - 577205.
15. SRI. H.R. RUDRESHA
S/O RAMAPPA,
AGED ABOUT 48 YEARS,
OCC: ASSISTANT TEACHER,
WORKING AT NALANDA HIGHER PRIMARY SCHOOL,
KUMSI, KUMSI POST,
SHIVAMOGGA TALUK,
SHIVAMOGGA DISTRICT - 577423.

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16. SRI. SIDDAPPA KOGANOOR
S/O HANUMANTHAPPA,
AGED ABOUT 60 YEARS,
OCC: RETD P.E. TEACHER,
AT SHREE KALLESHWARA HIGH SCHOOL,
YALAGERI, SHIKARIPURA TALUK,
SHIVAMOGGA DISTRICT - 577433.
17. SRI. SHIVARUDRAPPA CHIKKALLI
S/O VEERABHADRAPPA,
AGED ABOUT 57 YEARS,
OCC: ASSISTANT TEACHER,
WORKING AT SHREE KALLESHWARA HIGH SCHOOL,
YALAGERI, SHIKARIPURA TALUK,
SHIVAMOGGA DISTRICT - 577433.
18. SRI. SUBHASHCHANDRA K.H
S/O HUCHAPPA,
AGED ABOUT 52 YEARS,
OCC: S.D.A,
WORKING AT SHREE KALLESHWARA HIGH SCHOOL,
YALAGERI, SHIKARIPURA TALUK,
SHIVAMOGGA DISTRICT - 577433.
19.
SRI. SUNDAR GANIGA
S/O ACHUTHAPPA,
AGED ABOUT 57 YEARS,
OCC: ASSISTANT TEACHER,
WORKING AT SHREE KALLESHWARA HIGH SCHOOL,
YALAGERI, SHIKARIPURA TALUK,
SHIVAMOGGA DISTRICT - 577433.
20. SRI. MAILARAPPA MADAR
S/O NEELAPPA,

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AGED ABOUT 51 YEARS,
OCC: CRAFT TEACHER,
WORKING AT SHREE KALLESHWARA HIGH SCHOOL,
YALAGERI, SHIKARIPURA TALUK,
SHIVAMOGGA DISTRICT - 577433.
21.
SMT. A. ELIZABETH
W/O JAISHILA,
AGED ABOUT 66 YEARS,
OCC: RETD ASSISTANT TEACHER,
AT SREE BASAVESHWARA KANNADA HIGHER
PRIMARY SCHOOL, JANNAPUR,
BHADRAVATHI TALUK,
SHIVAMOGGA DISTRICT - 577301.
22. SMT. A. LALITHAMMA
D/O MALLAPPA,
AGED ABOUT 70 YEARS,
OCC: RETD ASSISTANT TEACHER
AT SREE BASAVESHWARA KANNADA HIGHER
PRIMARY SCHOOL, JANNAPUR,
BHADRAVATHI TALUK,
SHIVAMOGGA DISTRICT - 577301.
23. SRI. KUMAR GOWDA PATIL
S/O RUDRAPPAGOWDA PATIL,
AGED ABOUT 50 YEARS,
OCC: P.E. TEACHER
WORKING AT NALANDA AIDED HIGHER PRIMARY
SCHOOL, B.H. ROAD, KUMSI,
SHIVAMOGGA TALUK,
SHIVAMOGGA DISTRICT - 577423.

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24. SRI. LOKAPPA P
S/O PUTTAPPA B.K,
AGED ABOUT 64 YEARS,
OCC: RETD ASSISTANT TEACHER,
AT NALANDA HIGHER PRIMARY SCHOOL,
B.H. ROAD, KUMSI,
SHIVAMOGGA TALUK,
SHIVAMOGGA DISTRICT - 577423.
25. SRI. CHANDRAPPA DEVANAGADA
S/O HANUMANTHAPPA,
AGED ABOUT 58 YEARS,
OCC: ASSISTANT TEACHER,
WORKING AT AKKAMAHADEVI HIGH SCHOOL,
UDUGANI, HIREKASAVI POST,
SHIKARIPUR TALUK,
SHIVAMOGGA DISTRICT - 577428.
26. SRI. VIRUPAKSHAPPA G.B
S/O BHUJALIMGAPPA,
AGED ABOUT 61 YEARS,
OCC: RETD P.E. TEACHER,
AT AKKAMAHADEVI HIGH SCHOOL,
UDUGANI, HIREKASAVI POST,
SHIKARIPUR TALUK,
SHIVAMOGGA DISTRICT - 577428.
27. SRI. BALACHANDRAPPA J.N
S/O NEELAKANTAPPA,
AGED ABOUT 47 YEARS,
OCC: ASSISTANT TEACHER,
WORKING AT AKKAMAHADEVI HIGH SCHOOL,
UDUGANI, HIREKASAVI POST,
SHIKARIPUR TALUK,
SHIVAMOGGA DISTRICT - 577428.

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28. SRI. BASAVARAJA CHOWTI
S/O SIDDAPPA,
AGED ABOUT 65 YEARS,
OCC: RETD ASSISTANT TEACHER,
AT AKKAMAHADEVI HIGH SCHOOL,
UDUGANI, HIREKASAVI POST,
SHIKARIPUR TALUK,
SHIVAMOGGA DISTRICT - 577428.
29. SRI. MARUTHI .H
S/O PRAHALLADAPPA,
AGED ABOUT 63 YEARS,
OCC: RETD ASSISTANT TEACHER
AT AKKAMAHADEVI HIGH SCHOOL,
UDUGANI, HIREKASAVI POST,
SHIKARIPUR TALUK,
SHIVAMOGGA DISTRICT - 577428.
30.
SRI. A. ONKARAPPA
S/O SIDDAPPA A,
AGED ABOUT 66 YEARS,
OCC: RETD S.D.A,
AT AKKAMAHADEVI HIGH SCHOOL,
UDUGANI, HIREKASAVI POST,
SHIKARIPUR TALUK,
SHIVAMOGGA DISTRICT - 577428.
31. SRI. BHEEMAPPA .K
S/O BHARMAPPA,
AGED ABOUT 63 YEARS,
OCC: RETD CRAFT TEACHER,
AT AKKAMAHADEVI HIGH SCHOOL,
UDUGANI, HIREKASAVI POST,

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SHIKARIPUR TALUK,
SHIVAMOGGA DISTRICT - 577428.
…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)
P.B. NO. 5329/5369, 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),
DEPARTMENT OF SCHOOL EDUCATION

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(PRE-UNIVERSITY),
TANK MOHALLA, B.H. ROAD,
SHIVAMOGGA DISTRICT - 577201.
6. THE DEPUTY DIRECTOR OF PUBLIC
INSTRUCTIONS (DDPI),
ADMINISTRATION,
DEPARTMENT OF PUBLIC INSTRUCTIONS,
SHIVAMOGGA DISTRICT - 577201.
7. THE BLOCK EDUCATION OFFICER(BEO),
SAGAR, SAGAR TALUK,
SHIVAMOGGA DISTRICT - 577430.
8. THE BLOCK EDUCATION OFFICER(BEO),
BHADRAVATHI, BHADRAVATHI TALUK,
SHIVAMOGGA DISTRICT - 577301.
9. THE BLOCK EDUCATION OFFICER(BEO),
SHIVAMOGGA, SHIVAMOGGA TALUK,
SHIVAMOGGA DISTRICT - 577423.
10. THE BLOCK EDUCATION OFFICER(BEO),
SHIKARIPURA, SHIKARIPURA TALUK,
SHIVAMOGGA DISTRICT - 577433.
…RESPONDENTS
(BY SMT. ASHVINI PATIL, AGA FOR R1, R2, R4 TO R10;
SRI. N. AMARESH, ADVOCATE FOR R3)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECT 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

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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
AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, 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 10. 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

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calculate their seniority, basic pay fixation, increments,
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 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.
Accordingly, the petition is disposed of .
Sd/-
(S SUNIL DUTT YADAV)
JUDGE
MCR
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