Karnataka High Court
WP/30518/2026 of DR M PARVEEN TAJ Vs THE STATE OF KARNATAKA on 5 October 2026
CNR: KAHC010665092026 NC: 2026:KHC:55268 WP No. 30518 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF OCTOBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 30518 OF 2026 (S-RES) BETWEEN: 1. DR. M. PARVEEN TAJ W/O (LATE) K.S LAEEQUE
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV
WRIT PETITION NO. 30518 OF 2026 (S-RES)
BETWEEN:
1.
DR. M. PARVEEN TAJ
W/O (LATE) K.S LAEEQUE AHMED,
AGED ABOUT 65 YEARS,
OCC: ASSISTANT PROFESSOR/LECTURER (RETIRED), R/A NO 34, KOTE MARIAPPA LANE, OTC ROAD CROSS, NAGARATHPET, BENGALURU - 560 002.
WORKED AT AL- AMEEN COLLEGE OF EDUCATION, HOSUR ROAD, NEAR LALBAGH MAIN GATE, BEHIND AL- AMEEN TOWERS, BENGALURU - 560 027.
2.
DR. MANGALAMMA H.S.,
AGED ABOUT 60 YEARS,
W/O KUMARSWAMY H.G.,
OCC: RETIRED ASSISTANT PROFESSOR,
AT AL-AMEEN COLLEGE OF EDUCATION,
HOSUR ROAD, NEAR LALBAGH MAIN GATE,
BANGALORE URBAN, BENGALURU - 560 027.
3.
DR. SUDHA H.R.,
W/O UMASHANKAR,
AGED ABOUT 55 YEARS,
OCC: ASSISTANT PROFESSOR,
WORKING AT AL- AMEEN COLLEGE OF EDUCATION, Digitally signed by PRAKASH N
Location:
HIGH
COURT OF
KARNATAKA
HC-KAR
HOSUR ROAD, NEAR LALBAGH MAIN GATE,
BANGALORE URBAN, BENGALURU - 560 027.
4.
SRI. RAGHAVENDRA M. SHET,
S/O MARUTHI V. SHET,
AGED ABOUT 51 YEARS,
OCC: ASSISTANT PROFESSOR,
WORKING AT AL-AMEEN COLLEGE OF EDUCATION, HOSUR ROAD, NEAR LALBAGH MAIN GATE, BANGALORE URBAN, BENGALURU - 560 027.
5.
JILANI M. DARUBAI,
S/O MAHAMMAD,
AGED ABOUT 59 YEARS,
OCC: LIBRARIAN,
WORKING AT AL-AMEEN COLLEGE OF EDUCATION, HOSUR ROAD, NEAR LALBAGH MAIN GATE, BANGALORE URBAN, BENGALURU - 560 027.
6.
IRFAN JAFFER POCHI,
S/O JAFFER,
AGED ABOUT 53 YEARS,
OCC: D GROUP,
WORKING AT AL- AMEEN COLLEGE OF EDUCATION, HOSUR ROAD, NEAR LALBAGH MAIN GATE, BANGALORE URBAN, BENGALURU - 560 027.
7.
SMT. MEENAKSHI,
W/O BHASKAR,
AGED ABOUT 57 YEARS,
OCC: D GROUP,
WORKING AT AL-AMEEN COLLEGE OF EDUCATION, HOSUR ROAD, NEAR LALBAGH MAIN GATE, BANGALORE URBAN, BENGALURU - 560 027.
…PETITIONERS
(BY SRI. MARUTHI G.B., ADVOCATE)
HC-KAR
AND:
1.
THE STATE OF KARNATAKA,
BY ITS SECRETARY,
DEPARTMENT OF HIGHER EDUCATION,
MULTISTORIED BUILDING,
VIDHANA VEEDHI,
BANGALORE - 01.
2.
THE REGIONAL JOINT DIRECTOR OF
COLLEGIATE EDUCATION,
LOCATED AT NO.1, DTE BUILDING,
2ND FLOOR, PALACE ROAD
(OPPOSITE MAHARANI COLLEGE),
BENGALURU - 560 001.
3.
THE COMMISSIONER,
DEPARTMENT OF COLLEGIATE EDUCATION,
UNNATHA SHIKSHNA SOUDHA, SESHADRI ROAD,
BENGALURU - 560 001
4.
PRINCIPAL ACCOUNTANT GENERAL (A AND E)
P.B.NO.5329/5369, ANNEXE BUILDING,
PARK HOUSE ROAD, BENGALURU - 560 001.
…RESPONDENTS
(BY SMT. MAMATHA SHETTY, AGA FOR R1 TO R3
SRI. N. AMARESH, ADVOCATE FOR R4)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE
RESPONDENT
AUTHORITIES
TO
RECKON
THE
SERVICE
RENDERED BY THE PETITIONERS FROM THEIR RESPECTIVE
DATES OF INITIAL APPOINTMENT, INCLUDING THE SERVICE
HC-KAR
RENDERED PRIOR TO ADMISSION OF THEIR RESPECTIVE
POSTS
TO
GRANT-IN-AID,
FOR
THE
PURPOSE
OF
FIXATION/RE-FIXATION OF INCREMENTS, SENIORITY, PAY, PENSIONARY/
RETIRAL
BENEFITS
AND
ALL
OTHER
CONSEQUENTIAL SERVICE BENEFITS, IN ACCORDANCE WITH
THE
LAW
DECLARED
BY
THIS
HONBLE
COURT
IN
W.A.NO.2476/2015 RELEVANT PORTION AND CONNECTED
MATTERS, WHICH IS MARKED AT ANNEXURE-C ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV
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ORAL ORDER
1. Learned Additional Government Advocate accepts notice for respondents No.1 to 3.
2. Sri. N. Amaresh, learned counsel is directed to accept notice for respondent No.4.
3. The petitioners who are stated to be teaching and non-teaching staff serving in various aided educational institutions have filed the present petition seeking for issuance of a writ in the nature of mandamus to direct the
HC-KAR
respondent authorities to reckon the service rendered by the petitioners from the dates of their appointment including the service rendered prior to admission of their respective posts to grant-in-aid and have sought for extension of service benefits as may flow from the observations made in W.A.No.2476/2015 and connected matters.
4. 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.
5. 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.
6. 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.
7. 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
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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.
8. Accordingly, the petition is allowed. Respondents No.1 to 3 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 SKS