DAYANAND vs THE PRINCIPAL SECRETARY
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-D:17461
WP No. 108686 of 2026
CNR: KAHC020190052026
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.108686 OF 2026 (S-RES)
BETWEEN:
1. DAYANAND
S/O: NAGENDRA DESHABHANDARI,
AGED ABOUT 58 YEARS,
OCC: HEAD MASTER.
2. MAHADEVA,
S/O: HANUMANTH NAIK,
AGED ABOUT 63 YEARS,
OCC: RETIRED ASST TEACHER.
3. SATHISH,
S/O: CHANDRAKANTH KUMATAKAR,
AGED ABOUT 62 YEARS,
OCC: RETIRED P.E. TEACHER.
4. BHASKARA,
S/O: GANGADHAR BHATTA,
AGED ABOUT 55 YEARS,
OCC: ASST TEACHER.
5. PANDURANGA,
S/O: RAMADAS DIVAGI,
AGED ABOUT 44 YEARS,
OCC: ASST TEACHER.
6. SUJATHA,
D/O: VISHNU DESHABHANDARI,
AGED ABOUT 50 YEARS,
OCC: DRAWING TEACHER.
7. KASHINATH,
S/O: DATTA DESHABHANDARI,
AGED ABOUT 50 YEARS,
OCC: SDA.
Digitally signed by
THEJAS KUMAR N
Location: High
Court of Karnataka,
Dharwad Bench
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WP No. 108686 of 2026
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8. RAMACHANDRA
S/O: ANNAPPA AMBIGA,
AGED ABOUT 49 YEARS,
OCC: D-GROUP.
PETITIONER NO.1 TO 8 ARE/WERE WORKING AT:
DODDAMANE JANAKI V.SHETTY
HIGH SCHOOL, DEVAGI TALUK.
KUMATA, UTTARA KANNADA DISTRICT.
9. RAMAGOUD BALAGOUD ARABHAVI
S/O: BALAGOUD ARABHAVI,
AGED ABOUT 55 YEARS, OCC: ASST TEACHER,
W/A: LOTUS GIRLS HIGH SCHOOL,
MUNDAGODA, KARWAR DISTRICT.
10. VIJAYKUMAR VISHWANTH AIGAL
S/O: VISHWANATH M AIGAL,
AGED ABOUT 61 YEARS, OCC: RETIRED TEACHER STAFF,
W/A: SHIVAJI ARTS, COMMERCE COLLEGE,
BOARD KARWAR-581304, UTTAR KANNADA DISTRICT.
R/A:VISHWAPRABHASADAN
NO.2626/C/1, KESHAVNAIK WADA KODIBAG,
KARWAR-581303.
11. SURYAKANTH GAJANAN BHAT
S/O: GAJANAN BHAT,
AGED ABOUT 59 YEARS, OCC: HEAD MASTER.
W/A: SRI RAMANATH HIGH SCHOOL,
URGERI, KUMTA TALUK, UTTAR KANNADA DISTRICT.
12. SUJATA D/O: HANUMANT NAIK,
AGED ABOUT 53 YEARS, OCC: ASST TEACHER,
W/A: SRI RAMANATH HIGH SCHOOL,
URGERI, KUMTA TALUK, UTTAR KANNADA DISTRICT.
13. JANGA H GOUDA S/O: HOSABU GOUDA,
AGED ABOUT 57 YEARS, OCC: P E TEACHER.
W/A: SRI RAMANATH HIGH SCHOOL,
URGERI, KUMTA TALUK, UTTAR KANNADA DISTRICT.
14. KRISHNA T MOGER S/O: TIMMAPPA MOGER,
AGED ABOUT 56 YEARS, OCC: ASST TEACHER,
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WP No. 108686 of 2026
CNR: KAHC020190052026
W/A: SRI RAMANATH HIGH SCHOOL,
URGERI, KUMTA TALUK, UTTAR KANNADA DISTRICT.
15. RAGHAVENDRA D NAIK S/O: DAYANDA,
AGED ABOUT 44 YEARS, OCC: ASST TEACHER.
W/A: SRI RAMANATH HIGH SCHOOL,
URGERI, KUMTA TALUK, UTTAR KANNADA DISTRICT.
16. GANAPATI S PATGAR S/O: SUBRAY PATGAR,
AGED ABOUT 50 YEARS, OCC: SDA,
W/A: SRI RAMANATH HIGH SCHOOL,
URGERI, KUMTA TALUK, UTTAR KANNADA DISTRICT.
17. JATTI NAGU MUKRI S/O: NAGU MUKRI,
AGED ABOUT 56 YEARS, OCC: PEON,
W/A: SRI RAMANATH HIGH SCHOOL,
URGERI, KUMTA TALUK, UTTAR KANNADA DISTRICT.
…PETITIONERS
(BY SRI. G.M. CHANDRASHEKAR, ADVOCATE)
AND:
1. STATE OF KARNATAKA,
THE PRINCIPAL SECRETARY,
DEPARTMENT OF SCHOOL EDUCATION AND LITERACY,
M.S BUILDING, DR. AMBEDKAR VEEDHI,
BANGALORE-560001.
2. THE DIRECTOR,
DEPARTMENT OF SCHOOL EDUCATION (PRE UNIVERSITY)
TH
18 CROSS, SAMPIGE ROAD, MALLESHWARAM,
BANGALORE – 560012.
3. THE ADDITIONAL COMMISSIONER,
DEPARTMENT OF SCHOOL EDUCATION AND LITERACY,
RODDA ROAD, DHARWAD-580008.
4. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS
ADMINISTRATION, DEPARTMENT OF PUBLIC
INSTRUCTIONS, UTTARA KANNADA-581301.
…RESPONDENTS
(BY SRI. SHARAD V.MAGADUM, ADVOCATE FOR R1 TO R4)
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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. .2015 IN WP NO.21216/2014 AND 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. .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 RELIEFS/ORDERS AS THIS HON’BLE
COURT DEEMS FIT IN THE CIRCUMSTANCES OF THE CASE AND FOR
COST, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE T.M.NADAF
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HC-KAR
NC: 2026:KHC-D:17461
WP No. 108686 of 2026
CNR: KAHC020190052026
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. .2015 in WP
No.21216/2014 and 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
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WP No. 108686 of 2026
CNR: KAHC020190052026
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. .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 b
Karnataka, Bengaluru vide and
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,
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
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NC: 2026:KHC-D:17461
WP No. 108686 of 2026
CNR: KAHC020190052026
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:
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HC-KAR
NC: 2026:KHC-D:17461
WP No. 108686 of 2026
CNR: KAHC020190052026
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.: 13