SRI V H KOLLI (VENKARADDI S/O HANAMARADDI KOLLI) vs THE STATE OF KARNATAKA

- 1 -
HC-KAR
NC: 2026:KHC-D:17457
WP No. 108056 of 2026


CNR: KAHC020170542026



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.108056 OF 2026 (S-RES)

BETWEEN:

1. SRI. V.H KOLLI
(VENKARADDI S/O. HANAMARADDI KOLLI),
AGED ABOUT 60 YEARS,
OCC: RETIRED ASSOCIATE PROFESSOR,
K.S.S ARTS, COMMERCE AND SCIENCE COLLEGE,
GADAG TALUK, GADAG – 582101.

2. SRI. ISHWARAPPA KALAKAPPA
PATTANSHETTY S/O. KALAKAPPA,
AGE ABOUT 57 YEARS, OCC: “PRINCIPAL”
WORKING AT K.S.S ARTS, COMMERCE
AND SCIENCE, COLLEGE GADAG TALUK,
GADAG – 582101.

3. SMT .V S GODACHAPPANAVAR D/O. SHIVARUDRAPPA,
AGE ABOUT 56 YEARS, OCC: “LECTURER”
WORKING AT K.S.S ARTS, COMMERCE
AND SCIENCE COLLEGE, GADAG TALUK,
GADAG – 582101.

4. SMT. JYOTI SHIVAPUTRAPPA ARAHUNASI
D/O. SHIVAPUTRAPPA,
AGE ABOUT 49 YEARS, OCC: “ASSOCIATE PROFESSOR”
WORKING AT K.S.S ARTS, COMMERCE AND SCIENCE,
COLLEGE, GADAG TALUK, GADAG – 582101.

5. SRI. YALLAPPA SOMALINGAPPA BINGI
S/O. SOMALINGAPPA,
AGE ABOUT 55 YEARS, OCC: LAB ATTENDER,
WORKING AT K.S.S ARTS, COMMERCE AND SCIENCE
COLLEGE, GADAG TALUK, GADAG – 582101.

6. SRI. SAKKARSAB SABANNASAB HOMBAL
S/O. SABANNASAB,












Digitally signed by
THEJAS KUMAR N
Location: High
Court of Karnataka,
Dharwad Bench

- 2 -
HC-KAR
NC: 2026:KHC-D:17457
WP No. 108056 of 2026


CNR: KAHC020170542026


AGED ABOUT 52 YEARS, OCC: “LAB ATTENDER”,
WORKING AT K.S.S ARTS, COMMERCE AND SCIENCE
COLLEGE, GADAG TALUK, GADAG – 582101.

7. SRI. ISHAPPA SANGAPPA BHAVI S/O. SANGAPPA,
AGED ABOUT 54 YEARS, OCC: “LAB ATTENDER”
WORKING AT K.S.S ARTS, COMMERCE AND SCIENCE
COLLEGE, GADAG TALUK, GADAG – 582101.

8. SRI. CHANDRASHEKARAPPA VAJJALAD S/O SHIVARUDRAPPA,
AGE ABOUT 62 YEARS,
OCC: “LAB ATTENDER” (RETIRED)
AT K.S.S ARTS, COMMERCE AND SCIENCE COLLEGE,
GADAG TALUK, GADAG – 582101.

9. SMT. GEETADEVI HIREMANI D/O. BASAPPA HIREMANI,
AGED ABOUT 44 YEARS, OCC: ASSISTANT TEACHER,
WORKING AT TONTADARYA KANNADA
HIGHER PRIMARY SCHOOL, GADAG TALUK,
GADAG DISTRICT- 582101.

10. SRI. MANJAYYA S. HIREMATH
S/O. SHEKHARAYYA HIREMATH,
AGED ABOUT 51 YEARS, OCC: HEAD MASTER,
WORKING AT SRI. K.K.P.P.G. SCHOOL OF MUSIC,
GADAG, GADAG TALUK, GADAG DISTRICT-582101.

11. SRI. YALLANAGOUDA V. ALAGUNDI
S/O. VIRUPAXAGOUDA ALAGUNDI,
AGED ABOUT 61 YEARS, OCC: RETD S.D.A,
AT SRI. K.K.P.P.G. SCHOOL OF MUSIC, GADAG,
GADAG TALUK, GADAG DISTRICT- 582101.

12. SRI. VITTAPPA V. HUGAR
S/O. VIRUPAKSHAPPA HUGAR,
AGED ABOUT 54 YEARS, OCC: MUSIC TEACHER,
WORKING AT SRI. K.K.P.P.G. SCHOOL OF MUSIC,
GADAG, GADAG TALUK, GADAG DISTRICT-582101.

13. SRI. RAVUTAPPA M. HUGAR
S/O. MALLAPPA HUGAR,
AGED ABOUT 55 YEARS, OCC: MUSIC TEACHER,
WORKING AT SRI. K.K.P.P.G. SCHOOL OF MUSIC,
GADAG, GADAG TALUK, GADAG DISTRICT-582101.

- 3 -
HC-KAR
NC: 2026:KHC-D:17457
WP No. 108056 of 2026


CNR: KAHC020170542026



14. SRI. PARASHURAM H. HADAPAD
S/O. HANAMAPPA HADAPAD,
AGED ABOUT 57 YEARS, OCC: MUSIC TEACHER,
WORKING AT SRI. K.K.P.P.G. SCHOOL OF MUSIC,
GADAG, GADAG TALUK, GADAG DISTRICT- 582101.

15. SRI. IRANNA HADIMANI S/O. PARAPPA,
AGE ABOUT 57 YEARS, OCC: LECTURER,
WORKING AT ANGLO-URDU COMPOSITE P.U. COLLEGE,
MOULANA AZAD CAMPUS, VIVEKANANDA ROAD,
GADAG TALUK, GADAG DISTRICT – 582101.

16. SMT. SUJATA S. PATIL W/O. SURYAKANT,
AGE ABOUT 57 YEARS, OCC: LECTURER,
WORKING AT ANGLO-URDU COMPOSITE P.U. COLLEGE,
MOULANA AZAD CAMPUS, VIVEKANANDA ROAD,
GADAG TALUK, GADAG DISTRICT – 582101.

17. SHAMEEM BANU A. BARUDWALE
D/O ALLAHBAKSH,
AGE ABOUT 55 YEARS, OCC: LECTURER,
WORKING AT ANGLO-URDU COMPOSITE P.U. COLLEGE,
MOULANA AZAD CAMPUS, VIVEKANANDA ROAD,
GADAG TALUK, GADAG DISTRICT – 582101.

18. SRI. MAHANTESH H. JOGIN S/O. HANUMAPPA,
AGE ABOUT 50 YEARS, OCC: LECTURER,
WORKING AT ANGLO-URDU COMPOSITE P.U. COLLEGE,
MOULANA AZAD CAMPUS, VIVEKANANDA ROAD,
GADAG TALUK, GADAG DISTRICT – 582101.

19. ALLABAKSH KOTAGI S/O. BABASAHEB,
AGE ABOUT 49 YEARS, OCC: LECTURER,
WORKING AT ANGLO-URDU COMPOSITE P.U. COLLEGE,
MOULANA AZAD CAMPUS, VIVEKANANDA ROAD,
GADAG TALUK, GADAG DISTRICT – 582101.

20. SRI. N PRAMODA S/O K. NEELAYYA,
AGED ABOUT 59 YEARS, OCC: D GROUP,
WORKING AT ST. THOMAS HIGH SCHOOL,
HONNAVAR, UTTARA KANNADA, HONNAVAR TALUK,
KARWAR (UTTARA KANNADA) DISTRICT – 581334.

- 4 -
HC-KAR
NC: 2026:KHC-D:17457
WP No. 108056 of 2026


CNR: KAHC020170542026


21. SRI. MARUTHI KESHAV BHANDARI
S/O KESHAV BHANDARI,
AGED ABOUT 60 YEARS, OCC: “RETD D GROUP”,
AT THE NEW EDUCATION SOCIETY HONNAVAR,
HONNAVAR TALUK, KARWAR
(UTTARA KANNADA) DISTRICT – 581334.

22. IRAPPA MENASINAKAI S/O. BASAPPA,
AGED ABOUT 56 YEARS, OCC: ASSISTANT MASTER,
WORKING AT HEMA-VEMA HIGH SCHOOL,
UGALWAT, BADAMI TALUK, BAGALKOT DISTRICT – 587206.

23. SHIVASHANKAR SADDALAGI S/O. MALAKAPPA,
AGED ABOUT 66 YEARS, OCC: RETD DRAWING MASTER,
S.R. KANTI GIRLS HIGH SCHOOL, ILKAL TALUK,
BAGALKOTE DISTRICT -587125.

24. MAHANTESH S HALASHETTI
S/O. SIDRAMAPPA HALASHETTI,
AGED ABOUT 59 YEARS, OCC: HEAD MASTER,
WORKING AT S.R. KANTI GIRLS HIGH SCHOOL,
ILKAL TALUK, BAGALKOTE DISTRICT-587125.

25. SUMANGAL H JOGIN W/O. HANAMANTAPPA JOGIN,
AGED ABOUT 51 YEARS, OCC: ASSISTANT TEACHER,
WORKING AT S.R. KANTI GIRLS HIGH SCHOOL,
ILKAL TALUK, BAGALKOTE DISTRICT-587125.

26. CHANDRASHEKHAR KIRAGI S/O. GIRIYAPPA,
AGED ABOUT 66 YEARS, OCC: RETD HEAD MASTER,,
S.R. KANTI GIRLS HIGH SCHOOL, ILKAL TALUK,
BAGALKOTE DISTRICT-587125.

27. SUSHEELA T RATHOD W/O. TOPANNA RATHOD,
AGED ABOUT 54 YEARS, OCC: D GROUP,
WORKING AT S.R. KANTI GIRLS HIGH SCHOOL,
ILKAL TALUK, BAGALKOTE DISTRICT-587125.

28. VEERABHADRAPPA SHETTAR S/O. SHIDDAPPA,
AGED ABOUT 63 YEARS, OCC: RETD P.E. TEACHER,
S.R. KANTI GIRLS HIGH SCHOOL, ILKAL TALUK,
BAGALKOTE DISTRICT-587125.

29. SANGANNA B GADDI S/O. BASAPPA GADDI,

- 5 -
HC-KAR
NC: 2026:KHC-D:17457
WP No. 108056 of 2026


CNR: KAHC020170542026


AGED ABOUT 60 YEARS, OCC: RETD HEAD MASTER,
S.R. KANTI GIRLS HIGH SCHOOL, ILKAL TALUK,
BAGALKOTE DISTRICT-587125.

30. UMESH H SAKRE S/O. HIRANNAPPA SAKRE,
AGED ABOUT 60 YEARS, OCC: RETD S.D.A,
S.R. KANTI GIRLS HIGH SCHOOL, ILKAL TALUK,
BAGALKOTE DISTRICT-587125.
…PETITIONERS
(BY SRI. MARUTHI G.B., ADVOCATE)

AND:

1. THE STATE OF KARNATAKA,
BY ITS SECRETARY, DEPARTMENT OF SCHOOL
EDUCATION AND LITERACY, MULTISTORIED BUILDING,
VIDHANA VEEDHI, BANGALORE-560001.

2. THE JOINT DIRECTOR OF COLLEGIATE EDUCATION,
DEPARTMENT OF COLLEGIATE EDUCATION,
DHARWAD REGION, LOCATED AT THE MINI
VIDHANA SOUDHA COMPOUND, DHARWAD – 580001.

3. THE COMMISSIONER,
DEPARTMENT OF SCHOOL EDUCATION AND LITERACY,
(OFFICE OF THE ADDITIONAL COMMISSIONER
FOR SCHOOL EDUCATION) RODDA ROAD,
K.C. PARK/SAIDAPUR, DHARWAD-580008.

4. PRINCIPAL ACCOUNTANT GENERAL (A & E)
P.B. NO. 5329/5369, ANNEXE BUILDING,
PARK HOUSE ROAD, BENGALURU - 560001.

5. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS (DDPI),
ADMINISTRATION, DEPARTMENT OF PUBLIC INSTRUCTIONS,
GADAG DISTRICT – 5582103.

6. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS (DDPI),
ADMINISTRATION, DEPARTMENT OF PUBLIC INSTRUCTIONS,
KARWAR (UTTARA KANNADA) DISTRICT – 581301.

7. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTION(DDPI),
ADMINISTRATION, DEPARTMENT OF PUBLIC INSTRUCTIONS,
BAGALKOT DISTRICT -587103.

- 6 -
HC-KAR
NC: 2026:KHC-D:17457
WP No. 108056 of 2026


CNR: KAHC020170542026



8. THE BLOCK EDUCATION OFFICER,
GADAG TALUK, GADAG DISTRICT – 582101.

9. THE BLOCK EDUCATION OFFICER,
HONNAVAR TALUK, KARWAR (UTTARA KANNADA)
DISTRICT – 581334.

10. THE BLOCK EDUCATION OFFICER (BEO),
BADAMI TALUK, BAGALKOT DISTRICT - 587206.

11. THE BLOCK EDUCATION OFFICER(BEO),
ILKAL TALUK, BAGALKOTE DISTRICT - 587125.
…RESPONDENTS

(BY SRI. SHARAD V.MAGADUM, ADVOCATE FOR R1 TO R11)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO 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, WHICH IS MARKED AT ANNEXURE-D; 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 AND CONNECTED MATTERS, AND TO
EXTEND THE BENEFITS FLOWING THEREFROM TO THE PETITIONERS,
WHO ARE SIMILARLY SITUATED EMPLOYEES, REPRESENTATION
MARKED AT ANNEXURE-E, C) PASS SUCH OTHER ORDER OR
ORDERS, WRIT OR DIRECTION AS THIS HON’BLE COURT MAY DEEM
FIT AND PROPER IN THE FACTS AND CIRCUMSTANCES OF THE CASE,
IN THE INTEREST OF JUSTICE AND EQUITY.


THIS PETITION, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

- 7 -
HC-KAR
NC: 2026:KHC-D:17457
WP No. 108056 of 2026


CNR: KAHC020170542026



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. Maruthi G.D., learned counsel
appearing for the petitioners and Sri. Sharad V. Magadum,
learned AGA appearing for respondent Nos.1 to 11/State.

3. This petition is filed by the petitioners seeking
following reliefs:


“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, which is marked at Annexure-D;

- 8 -
HC-KAR
NC: 2026:KHC-D:17457
WP No. 108056 of 2026


CNR: KAHC020170542026


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 and connected
matters, and to extend the benefits flowing therefrom to
the Petitioners, who are similarly situated employees,
representation marked at Annexure-E,

c) Pass such other order or orders, writ or direction as
this Hon’ble Court may deem fit and proper in the facts
and circumstances of the case, 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,
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

- 9 -
HC-KAR
NC: 2026:KHC-D:17457
WP No. 108056 of 2026


CNR: KAHC020170542026


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.”

5. Since the petitioners are similarly placed, the
same benefit is extended. Accordingly, this Court proceeds
to pass the following:

- 10 -
HC-KAR
NC: 2026:KHC-D:17457
WP No. 108056 of 2026


CNR: KAHC020170542026


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.

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
List No.: 1 Sl No.: 3