Karnataka High Court
WP/17821/2026 of MRS. MARY CORDELLA CRUZ, Vs STATE OF KARNATAKA on 6 October 2026
CNR: KAHC010391912026 NC: 2026:KHC:55471 WP No. 17821 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF OCTOBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 17821 OF 2026 (S-RES) BETWEEN: MRS. MARY CORDELLA CRUZ, WIFE OF IRWIN D CRUZ,
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV
WRIT PETITION NO. 17821 OF 2026 (S-RES)
BETWEEN:
MRS. MARY CORDELLA CRUZ,
WIFE OF IRWIN D CRUZ,
AGED ABOUT 59 YEARS,
WORKING AS ASSOCIATE PROFESSOR IN
ELECTRONICS,
JYOTHI NIVAS COLLEGE,
KORMANGALA,
BENGALURU-560029.
…PETITIONER
(BY SRI. JANARDHANA G., ADVOCATE)
AND:
1.
STATE OF KARNATAKA,
MINISTRY OF HIGHER EDUCATION,
REPRESENTED BY ITS SECRETARY,
VIDHANA SOUDHA,
BANGALORE 560 001.
2.
THE COMMISSIONER FOR COLLEGIATE
AND TECHNICAL EDUCATION,
GOVERNMENT OF KARNATAKA,
SESHADRI ROAD,
BENGALURU 560 001.
Digitally signed
by VIDYA G R
Location:
HIGH COURT
OF
KARNATAKA
HC-KAR
3.
THE DIRECTOR OF TECHNICAL EDUCATION,
PALACE ROAD,
BENGALURU 560001.
4.
THE PRINCIPAL,
JYOTHI NIVAS COLLEGE,
KORMANGALA,
BENGALURU- 560029.
…RESPONDENTS
(BY SMT. ASHVINI PATIL, AGA FOR R1 TO R3; SRI. ROHAN KOTHARI, ADVOCATE FOR R4)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF
CERTIORARI
QUASHING
ACT-7/2014,
THE
KARNATAKA
PRIVATE AIDED EDUCATIONAL INSTITUTIONS EMPLOYEES
(REGULATION OF PAY, PENSION AND OTHER BENEFITS) ACT, 2014 VIDE ANNEXURE-C 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
HC-KAR
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ORAL ORDER
The petitioner has challenged the validity of the Act-7/2014 i.e., the Karnataka Private Aided Educational Institutions Employees (Regulation of Pay, Pension and other Benefits) Act, 2014. The petitioner has also sought for extension of benefits as may flow from the order passed in W.P.No.21216/2014.
2. 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.
3. 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.
4. Learned Government Advocate appearing for the respondents submits that while the order in writ
HC-KAR
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 same and on perusal of para 61, the present petition could be disposed of.
5. 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
HC-KAR
State for the period preceding the admission of the post to grant-in-aid."
Taking note of the above, entitlement of the petitioners would be as observed by the Court in the observations contained in para 61.
6. Accordingly, the petition is allowed. Respondents No.2 and 3 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.: 16