- 1 - HC-KAR NC: 2025:KHC:23436 WP No. 11035 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 11035 OF 2024 (S-RES) BETWEEN: 1. SRI. K BHASKARA S/O KENCHE GOWDA L AGED ABOUT 49 YEARS ASSISTANT TEACHER GRADE-II SUBJECT-SCIENCE PCM SRI G V GOWDA SMARAKA HIGH SCHOOK KOTHANUR, KOLLEGALA(T) CHAMARAJNAGAR(D) 571440 R/A SHREE SIDDESHWARA NILAYA BASAVESHWARA NAGAR, 3RD CROSS SHIVA VIDYA KENDRA ROAD KOLLEGALA, KOLLEGALA(T) CHAMARAJNAGAR(D)-571440 APPOINTMENT ORDER DATE-24/09-2009. 2. SRI R SIDDARAJU S/O M RAJABASAVANNA AGED ABOUT 54 YEARS ASSISTANT TEACHER GRADE II SUBJECT ARTS SOCIAL SCIENCE M C K C HIGH SCHOOL KOLLEGALA KOLLEGALA(T) CHAMARAJNAGARA(D) 571440 R/A LINGARAJU NILAYA, 19TH WARD SHREE SHIVAKUMAR SWAMIJI NAGAR KOLLEGALA,KOLLEGALA(T) CHAMARAJNAGAR(D)-571440 APPOINTMENT ORDER DATE-24/09-2009. 3. SRI S RAMESH KUMAR S/O LATE SADASHIVAMURTHY C AGED ABOUT 53 YEARS ASSISTANT TEACHER GRADE II SUBJECT-SCIENCE CBZ Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:23436 WP No. 11035 of 2024 SRI MAHADESHWARA HIGH SCHOOL COWDALLI, HANUR(T) CHAMARAJANAGAR(D) 571444 R/AT 6/322F, VAKIL RAMAIAHA STREET KOLLEGALA(TOWN), KOLLEGALA(T) CHAMARAJANAGAR(D)-571440 APPOINTMENT ORDER DATE-24/09-2009. 4. SRI M SOMANNA S/O MAHADEVA AGED ABOUT 46 YEARS ASSISTANT TEACHER GRADE II SUBJECT-HINDI LANGUAGE SRI G V GOWDA SMARAKA HIGH SCHOOL KOTHANUR, KOLLEGALA(T) CHAMARAJANAGAR(D) 571440 R/AT 24 A VYASMPALYA ELLEMALA(P), KOLLEGALA KOLLEGALA(T), CHAMARAJANAGAR(D)-571439 APPOINTMENT ORDER DATE 24/09/2009. 5. SMT C SAVITHA W/O SHIVAKUMAR B AGED ABOUT 40 YEARS ASSISTANT TEACHER GRADE II SUBJECT KANNADA LANGUAGE SRI G V GOWDA SMARAKA HIGH SCHOOL KOTHANUR, KOLLEGALA(T) CHAMARAJANAGAR (D) 571440 R/A 1456, OPP LAPS SOCIETY SIDDARTHA NAGARA HANUR HANUR(T), CHAMARAJANAGAR(D) 571439 APPOINTMENT ORDER DATE-24/09/2009. 6. SRI M BASAVARAJU S/O MALLA NAYAKA AGED ABOUT 55 YEARS PHYSICAL EDUCATION TEACHER GRADE I SUBJECT-PHYSICAL EDUCATION SRI G V GOWDA SMARAKA HIGH SCHOOL KOTHANUR, KOLLEGALA(T) CHAMARAJANAGAR(D) 571440 R/AT NAYAKARA CHAVDI BEEDI PALYA KOLLEGALA(T), CHAMARAJANAGAR(D)-571440 APPOINTMENT ORDER DATE-24/09-2009. - 3 - HC-KAR NC: 2025:KHC:23436 WP No. 11035 of 2024 7. SRI P N MAHADEVA PRASAD S/O P M NAGAIAH AGED ABOUT 49 YEARS ASSISTANT TEACHER GRADE II SUBJECT-CRAFT TEACHER SRI G V GOWDA SMARAKA HIGH SCHOOL KOTHANUR, KOLLEGAL(T) CHAMARAJANAGARA(D) 571440 R/AT 11/156, DUPATI VEERA SHETTARA BEEDI KOLLEGALA, KOLLEGALA(T) CHAMARAJANAGAR(D)-571440 APPROVAL APPOINTMENT ON 07.05.2011. 8. SRI JAYAPPA K S/O KOGALURAPPA AGED ABOUT 52 YEARS ASSISTANT TEACHER GRADE II SUBJECT-LANGUAGE HINDI PRIYADARSHINI GIRLS HIGH SCHOOL M K HATTY, CHITRADURGA-577501 R/AT ANJANADRI NILAYA KENCHAVEERAPPA BADAVANE, III CROSS HOLALKERE(T), CHITHRADURGA(D)-577526 APPROVAL OF APPOINTMENT ON 23/08/2008. 9. SRI SHIVAKUMAR N S/O NARASIMHAMURTHY AGED ABOUT 40 YEARS ASSISTANT TEACHER GRADE II SUBJECT-ENGLISH LANGUAGE S J M GIRLS HIGH SCHOOL CHIKKAJAJUR, HOLALKERE(T) CHITRADURGA(D) 577526 R/A APPARASANA HALLY ADANUR(P), HOLALKERE(T) CHITRADURGA(D) 577526 APPROVAL OF APPOINTMENT ON 23/08/2008. 10. SRI SIDDALINGAPPA K H S/O HORAKERAPPA AGED ABOUT 54 YEARS ASSISTANT TEACHER GRADE-II SUBJECT-ARTS KANNADA S J M GIRLS HIGH SCHOOL - 4 - HC-KAR NC: 2025:KHC:23436 WP No. 11035 of 2024 CHIKKAJAJUR, HOLALKERE(T) CHITRADURGA(D) 577526 R/A PADIGATTE, ADANUR(P) HOLALKERE(T), CHITRADURGA(D) 577526 APPROVAL OF APPOINTMENT ON 23/08/2008 …PETITIONERS (BY SMT. SARITHA A.L., ADVOCATE FOR SRI. SRINIVASA S B., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY THE PRINCIPAL SECRETARY DEPARTMENT OF SCHOOL EDUCATION AND LITERACY 2ND GATE, 6TH FLOOR M S BUILDING, BANGALORE-560001. 2. STATE OF KARNATAKA REPRESENTED BY THE PRINCIPAL SECRETARY DEPARTMENT OF FINANCE VIDHANA SOUDHA, BANGALORE-560001. 3. THE DIRECTOR DIRECTORATE OF TREASURIES VISHWESHWARAIAH SMALL TOWER BANGALORE-560001. 4. THE COMMISSIONER DEPARTMENT OF PUBLIC INSTRUCTIONS K R CIRCLE, NRUPATHUNGA ROAD BANGALORE-560001. 5. THE ADDITIONAL COMMISSIONER O/O THE COMMISSIONERATE DEPARTMENT OF PUBLIC INSTRUCTIONS K R CIRCLE, NRUPATHUNGA ROAD BANGALORE-560001 (MYSORE DIVISION). 6. THE DEPUTY DIRECTOR PUBLIC INSTRUCTIONS DEPARTMENT OF SCHOOL EDUCATION AND LITERACY CHITRADURGA, CHITRADURGA (D) 577501. - 5 - HC-KAR NC: 2025:KHC:23436 WP No. 11035 of 2024 7. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTION DEPARTMENT OF SCHOOL EDUCATION AND LITERACY CHAMARAJANAGAR, BEHIND B E O OFFICE SATHY ROAD, CHAMARAJANAGAR(D) 571313. 8. THE BLOCK EDUCATION OFFICER DEPARTMENT OF SCHOOL EDUCATION AND LITERACY KOLLEGALA, KOLLEGALA(T) 571440. 9. THE BLOCK EDUCATION OFFICER DEPARTMENT OF SCHOOL EDUCATION AND LITERACY CHITRADURGA-577501. …RESPONDENTS (BY SRI. B G ESWARAPPA, AGA FOR RESPONDENTS) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT IN NO. A2/1384/HIMBARAHA /2/23- 24/733/16/2/2024 DATED 15/02/2024 ISSUED BY THE R8 A COPY OF WHICH IS PRODUCED AT ANNEXURE-U IN SO FAR AS PETITIONER NO. 1 TO 7 ARE CONCERNED AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER This writ petition is filed under Articles 226 & 227 of the Constitution of India, challenging the order dated 15.02.2024 vide Annexure-U passed by the eighth respondent and the order dated 09.02.2024 vide Annexure V, passed by the ninth respondent, whereby their request - 6 - HC-KAR NC: 2025:KHC:23436 WP No. 11035 of 2024 for giving the benefit as per the Government Order dated 12.05.2006 vide Annexure-D, has been rejected. 2. The learned counsel for the petitioners filed a memo, dated 01.07.2025 stating that petitioner Nos. 8 and 9 were given the benefit provided under the Government Order dated 12.05.2006. Hence, they will not press the writ petition. 3. The said memo is taken on record. 4. The petitioners are working as High School Teachers working in aided schools. The Government, by order dated 12.05.2006 granted Rs.200/- per month, as special allowance. The same has been continued vide Annexure E dated 29.08.2008. Thereafter, vide order dated 09.05.2012 vide Annexure-F, the said special allowance has been enhanced from Rs.200/- to Rs.400/- per month. Thereafter, the Government issued an order dated 23.07.2018 vide Annexure-L, restricting the benefit only to the teachers who were appointed on or before - 7 - HC-KAR NC: 2025:KHC:23436 WP No. 11035 of 2024 01.08.2008. The Government Order dated 23.07.2018 has been challenged before the Karnataka Administrative Tribunal (for short, ‘the KAT’) by some of the teachers in A.Nos.4412-4428 of 2020 and connected matters. The KAT, by order dated 05.05.2021, quashed the Government Order dated 23.07.2018. The order of the KAT has been challenged by the State before this Court in W.P.No. 6902/2022 and connected matters. A Division Bench of this Court, by order dated 20.06.2023 vide Annexure-Q dismissed the writ petitions, confirming the order passed by the KAT dated 05.05.2021. Hence, the petitioners also submitted representations to consider their cases in terms of the decision of the KAT. The said representations have been rejected by the impugned endorsements dated 15.02.2024 and 09.02.2024, stating that the benefit will be granted only to the candidates who have approached the court. 5. Thereafter, in view of the order passed by the KAT, the Government has issued a communication to the - 8 - HC-KAR NC: 2025:KHC:23436 WP No. 11035 of 2024 Commissioner, Department of Public Instructions, Bangalore on 26.02.2024 stating that the Government Orders dated 12.05.2006 vide Annexure-D and 09.05.2012 vide Annexure-F are made available to the eligible teachers and also during the pendency of this writ petition, in respect of petitioner Nos. 8 and 9, by orders dated 04.05.2024 and 31.05.2024, the benefit has been extended to them. In respect of the other petitioners are concerned, their case has not been considered. In view of the above, the impugned orders vide Annexures U and V are liable to be quashed. 6. Accordingly, the following order is passed: (i) The writ petition is allowed. (ii) The impugned order dated 15.02.2024 vide Annexure-U passed by the second respondent and the order dated 09.02.2024 vide Annexure-V passed by the third respondent are hereby quashed. - 9 - HC-KAR NC: 2025:KHC:23436 WP No. 11035 of 2024 (iii) The respondent Nos. 6 and 7 are directed to consider the case of the petitioner Nos. 1 to 7 and 10, keeping in view the order passed by the KAT in A.Nos. 4412-4428 of 2020 and connected matters and the order passed by a Division Bench of this Court in W.P.No.6902/2020 and connected matters and the Government Order dated 26.02.2024 vide Annexure-W, in accordance with law, as expeditiously as possible, not later than three months from the date of receipt of a copy of this order. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM LIST NO.: 1 SL NO.: 53