Karnataka High Court
WP/30816/2026 of RAGHAVA R E Vs THE PRINCIPAL SECRETARY, on 1 October 2026
CNR: KAHC010672342026 NC: 2026:KHC:54650 WP No. 30816 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF OCTOBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 30816 OF 2026 (S-RES) BETWEEN: 1. RAGHAVA R. E., S/O LATE EEREGOWDA R. J.,
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV
WRIT PETITION NO. 30816 OF 2026 (S-RES)
BETWEEN:
1.
RAGHAVA R. E.,
S/O LATE EEREGOWDA R. J.,
AGED ABOUT 56 YEARS,
OCC: ASST TEACHER,
W/A ENEDSA HIGHER PRIMARY SCHOOL,
MAHADEVAPURA, MYSURU.
2.
YOGESH S.
S/O LATE. PM SHIVARUDRAIAH,
AGED ABOUT 53 YEARS,
OCC: ASST TEACHER,
W/A ENEDSA HIGHER PRIMARY SCHOOL,
MAHADEVAPURA, MYSURU.
3.
B S LEELAVATHI,
W/O B V SUBBA RAO,
AGED ABOUT 64 YEARS,
OCC: RETIRED ASSISTANT TEACHER,
WAS WORKING AT : PRAGATHI HIGH SCHOOL,
GANDHINAGAR, N R MOHALLA,
MYSORE-570007.
R/O NO.807/A, 13TH MAIN,
JK LAYOUT, 4TH STAGE,
MYSORU-577009.
Digitally signed
by VIDYA G R
Location: HIGH
COURT OF
KARNATAKA
HC-KAR
4.
SANGAPPA S,
S/O SIDDALINGAPPA,
AGED ABOUT 64 YEARS,
OCC: RETIRED HEAD MASTER,
R/A ADAGURU GALIGEKERE POST
HOSAAGRAHARA HOBALI,
KR NAGARA TALUK, MYSURU.
5.
NAGARAJ GOWDA H.R
S/O LATE. RAMEGOWDA,
AGED ABOUT 63 YEARS,
OCC : RETIRED ASST TEACHER.
R/A NO.25B/2, VINAYAKA BADAVANE,
KR NAGARA, MYSORE-571602.
6.
JAGADEESA M. A.
S/O ANKEGOWDA,
AGED ABOUT 54 YEARS,
OCC: ASST TEACHER.
7.
VIJAYA NAIK,
S/O LALYA NAIK,
AGED ABOUT 52 YEARS,
OCC: ASST TEACHER.
8.
NATARAJU H.R,
S/O RAMEGOWDA,
AGED ABOUT 44 YEARS,
OCC P.E. TEACHER.
9.
JAVARAIAH,
S/O KODAGAIAH,
AGED ABOUT 51 YEARS,
OCC: CRAFT TEACHER,
HC-KAR
10.
SHIVAKUMARA NAYAKA K.M,
S/O MADAPPA B,
AGED ABOUT 45 YEARS,
OCC : SDA.
APPLICANT NO.4 TO 10 ARE WORKING AT:
SRI VALMIKI HIGH SCHOOL,
WORKING AT SRI VALMIKI HIGH SHOOL,
CHALLAHALLI, HUNSUR TALUK,
MYSORE DISTRICT.
11.
DINESH M.M,
S/O MAREGOWDA,
AGED ABOUT 57 YEARS,
OCC: CRAFT TEACHER.
W/A SRI. ROYAL HIGH SCHOOL (AIDED),
D. SALUHUNDI VILLAGE,
JAYAPURA HOBLI, MYSURU DISTRICT.
12.
SHATHISHA
S/O LATE. PUTTEGOWDA H. S.,
AGED ABOUT 53 YEARS,
OCC CRAFT TEACHER,
W/A AADARSHA VIDYA SAMSTHE HUNSUR,
SRIRAMA HIGH SCHOOL HOSUR
SALIGRAMA TALUK, MYSURU.
13.
MANJEGOWDA H
S/O HANUMEGOWDA,
AGED ABOUT 52 YEARS,
OCC : ASST TEACHER,
W/A GRACE HIGHER PRIMARY SCHOOL,
KUMBARAKOPPALU,
MYSORE NORTH DIVISION, MYSORE.
HC-KAR
14.
LATHA M V
W/O S K VISHWANATH,
AGED ABOUT 68 YEARS,
OCC: RETIRED SDT,
W/A JSS POLYTECHNIC FOR WOMEN,
MYSORE.
R/A NO.37, JOURNALIST LAYOUT,
NEAR POWER FRIENDS CLUB,
RT NAGAR, MYSURU.
15.
SHANTHAVEERAGOUDA B PATIL
S/O LATE. B A PATIL,
AGED ABOUT 64 YEARS,
OCC: RETIRED ASST TEACHER
WAS W/A ST JOSEPH HIGH SCHOOL
HUNSUR, MYSURU.
R/A NO.20, BHOOMIKA SUKOON BADAVANE,
HD KOTE ROAD, OLD CHIKKA HUNASURU,
HUNASURU, MYSURE.
16.
PUTTARACHASETTY
S/O CHIKKALINGASETTY,
AGED ABOUT 65 YEARS,
OCC: RETIRED ASST TEACHER,
WAS W/A SREEKANTESHWARA HIGH SCHOOL,
KN PURA LAYOUT, KYATHAMARANAHALLI,
MYSURU.
R/A NO.644/1, 1ST MIDDLE ROAD,
T NARASIPURA MAIN ROAD,
GIRIDARSHINI LAYOUT, MYSURE.
17.
WAHEEDA BEGUM
W/O GHOUSE MOHIDDIN,
AGED ABOUT 60 YEARS,
HC-KAR
OCC: RETIRED ASST TEACHER,
WAS W/A SREEKANTESHWARA HIGH SCHOOL,
K N PURA LAYOUT, KYATHAMARANAHALLI,
MYSURU.
R/A NO.123, 7TH CROSS, RAGHAVENDRANAGARA
EXT. SIDDARTHNAGARA, MYSURU.
18.
CHINDEGOWDA C A
W/O LATE. AREGOWDA,
AGED ABOUT 55 YEARS,
OCC: ASST TEACHER,
W/A MANASA GONGOTHRI HIGH SCHOOL,
MYSURU.
19.
C R SHASHIDHAR
S/O A M RAMACHANDRA,
AGED ABOUT 52 YEARS,
OCC: ASST TEACHER,
W/A DALVOI HIGH SCHOOL,
D BHANUMAIAH ROAD,
MYSORE.
20.
MAHADEVA
S/O SIDDAIAH,
AGED ABOUT 53 YEARS,
OCC: ASST TEACHER,
W/A DALVOI HIGH SCHOOL,
D BHANUMAIAH ROAD,
MYSORE.
21.
CHANNABASAVAIAH
S/O LATE. KULLAIAH,
AGED ABOUT 58 YEARS,
OCC: ASST TEACHER,
HC-KAR
W/A SHREE GURUMALLESHWARA HIGH SCHOOL,
ADAGURU, KR NAGARA TALUK,
MYSORE.
22.
SURESHA D C
S/O CHINNASWAMAPPA,
AGED ABOUT 49 YEARS,
OCC: ASST TEACHER,
W/A SHREE GURUMALLESHWARA HIGH SCHOOL,
ADAGURU, KR NAGARA TALUK,
MYSORE.
23.
PUTTARAJA B E
S/O EREGOWDA B K,
AGED ABOUT 55 YEARS,
OCC: PE TEACHER,
W/A SHREE GURUMALLESHWARA HIGH SCHOOL,
ADAGURU, KR NAGARA TALUK,
MYSORE.
24.
BHUVANESHWARI
D/O MASANASHETTY,
AGED ABOUT 54 YEARS,
OCC: ASST TEACHER,
W/A SHREE GURUMALLESHWARA HIGH SCHOOL,
ADAGURU, KR NAGARA TALUK,
MYSORE.
…PETITIONERS
(BY SRI. CHANDRASHEKAR G. M., ADVOCATE)
AND:
1.
THE PRINCIPAL SECRETARY,
DEPARTMENT OF SCHOOL EDUCATION
AND LITERACY,
HC-KAR
M.S BUILDING, DR. AMBEDKAR VEEDHI,
BANGALORE-560001.
2.
THE PRINCIPAL SECRETARY,
DEPARTMENT OF HIGH EDUCATION,
M.S.BUILDING, DR. AMBEDKAR VEEDHI,
BANGALORE-560001.
3.
THE COMMISSIONER,
DEPARTMENT OF SCHOOL EDUCATION
AND LITERACY,
NRUPATUNGA ROAD,
BANGALORE-560001.
4.
THE DEPUTY DIRECTOR OF PUBLIC
INSTRUCTIONS ADMINISTRATION
DEPARTMENT OF PUBLIC INSTRUCTIONS,
MYSURU-570007.
5.
DIRECTOR OF TECHNICAL EDUCATION,
PALACE ROAD, NEAR HOTEL ATRIA,
BANGALORE-560001.
…RESPONDENTS
(BY SMT. ASHVINI PATIL, AGA)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE
RESPONDENT
AUTHORITIES
TO
CONSIDER
THE
REPRESENTATION DATED 27.08.2026 VIDE ANNEXURE-C AND
GRANT THE FINANCIAL SERVICE BENEFITS IN FAVOUR OF THE
PETITIONERS AS PER THE ORDER DATED 10.11.2015 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 AND ETC.,
HC-KAR
THIS
PETITION,
COMING
ON
FOR
PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV
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ORAL ORDER
Learned Additional Government Advocate accepts notice for respondents No.1 to 5.
2. The petitioners are stated to be the teaching staff and working since several years. The petitioners have filed the present petition seeking direction to the respondents to consider the representation at Annexure-C 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 calculate their seniority, basic pay fixation, annual increment, time bound increment etc., in terms of the observations made in W.A.No.2467/2015, W.A.No.2476/2015 and connected matters.
HC-KAR
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 same and on perusal of para 61, the present petition could be disposed of.
6. Para 61 of the judgment reads as follows:
HC-KAR
"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."
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 to 5 to take note of the observations
HC-KAR
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.: 5