- 1 - HC-KAR NC: 2025:KHC:19775 WP No. 20394 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 20394 OF 2022 (S-RES) BETWEEN: SRI CHANDRASHEKARAIAH C N S/O NARASAIAH AGED ABOUT 49 YEARS ASSISTANT MASTER NEHRU VIDYA SHALA HIGH SCHOOL SEEGEHALLI-572213 TURUVEKERE TALUK TUMAKURU DISTRICT R/A CHEERANAHALLI NARANAHALLI POST-572213 GUBBI TALUK, TUMKUR DISTRICT. …PETITIONER (BY SRI. SRIKANTH M P., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY TO GOVERNMENT PRIMARY AND SECONDARY EDUCATION M S BUILDING, DR AMBEDKAR VEEDHI BANGALORE-560001. 2. THE COMMISSIONER FOR PUBLIC INSTRUCTIONS PRIMARY AND SECONDARY EDUCATION NEW PUBLIC OFFICES NRUPATHUNGA ROAD K R CIRCLE, BANGALORE-560001. 3. THE DIRECTOR OF PUBLIC INSTRUCTIONS PRIMARY EDUCATION NEW PUBLIC OFFICES Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19775 WP No. 20394 of 2022 NRUPATHUGNA ROAD K R CIRCLE, BANGALORE-560001. 4. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS TUMAKURU SOUTH DISTRICT TUMKUR-572213. 5. THE BLOCK EDUCATION OFFICER TURUVEKERE TALUK TUMKUR DISTRICT-572213. 6. SRI ADICHUNCHANAGIRI SHIKSHANA TRUST (R) ADICHUNCHANAGIRI KSHETRA NAGAMANGALA TALUK MANDYA DISTRICT BY ITS SECRETARY. 7. NEHRU VIDYA SHALA HIGH SCHOOL SEEGEHALLI-572213 TURUVEKERE TALUK TUMKUR DISTRICT BY ITS SECRETARY. …RESPONDENTS (BY SRI.BHOJEGOUDA T KOLLER, AGA FOR R1 TO R5: R7 IS SERVED: NOTICE TO R6 IS DISPENSED WITH V/O DATED: 28.08.2023) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER NO: ED 176 SEW 2014 DATED 17.06.2019 ISSUED BY THE FIRST RESPONDENT DIRECTING THE SECOND RESPONDENT TO INFORM THE CONCERNED THAT PAYMENT OF SALARY FOR THE PERIOD FROM 12.04.2013 TILL HIS APPOINTMENT IS APPROVED IS THAT OF THE MANAGEMENT ALONE VIDE ANNEXURE-AG 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 17.06.2019 vide Annexure-AG issued by the second - 3 - HC-KAR NC: 2025:KHC:19775 WP No. 20394 of 2022 respondent, denying the payment of salary to the petitioner for the period from 12.04.2013 till his appointment is approved. 2. The case of the petitioner is that the sixth respondent - Trust established a school called Nehru Vidya Shala High School at Seegehalli, Turuvekere Taluk, Tumakuru District. The School was recognized and aided by the Government of Karnataka. By notification dated 02.02.2013 vide Annexure-B, certain vacancies were advertised for the posts of Assistant Teachers. In respect of Nehru Vidya Shala High School is concerned, the post advertised was for Assistant Teacher (Arts). Since the petitioner was eligible for the same, he applied for the said post. By order dated 12.04.2013, the petitioner was appointed. Subsequently, the sixth respondent submitted the proposal of the petitioner’s appointment for approval to the Block Education Officer, respondent No.5 herein on 05.06.2013 vide Annexure-H. After conducting the inspection, the respondent No.5 submitted his - 4 - HC-KAR NC: 2025:KHC:19775 WP No. 20394 of 2022 recommendations with regard to the approval of the petitioner’s appointment to the Deputy Director of Public Instructions, i.e., respondent No.4 herein. Consequently, the Screening Committee was constituted to re-consider the recommendation for approval of the appointment of the petitioner. Even the said Screening Committee recommended the case of the petitioner for approval. However, the recommendation of the Committee was placed before the Director of Public Instructions - respondent No.3 herein. The respondent No.3, by letter dated 01.07.2014 vide Annexure-N sent back the proposal to the respondent No.4 rejecting the same on the ground that the petitioner has secured a decree in B.Ed. from Madhya Pradesh Bhoj (Open) University, Bhopal. According to respondent No.3, the said qualification cannot be considered for appointment to the post of Assistant Teacher. 3. Being aggrieved by the said letter dated 01.07.2014, the petitioner approached this Court by filing - 5 - HC-KAR NC: 2025:KHC:19775 WP No. 20394 of 2022 a writ petition in W.P.No.49295/2014. This Court, by order dated 08.11.2016 allowed the writ petition and directed the third respondent to consider the proposal for approval of appointment of the petitioner in the light of Section 23 of the Right to Children to Free and Compulsory Education Act, 2009 (for short, ‘RTI Act’). Being aggrieved by the order passed by the learned Single Judge, the State preferred a writ appeal in W.A.No.874/2018. The appeal came to be dismissed on 08.06.2018. Being aggrieved by the same, the State approached the Apex Court in SLA (C) No.20027/2018 and the same came to be dismissed by order dated 17.08.2018. Thereafter, the petitioner’s appointment as Assistant Teacher (Arts) has been approved on 26.07.2018 vide Annexure-Z, with a condition that the petitioner is entitled for salary benefit from the date of approval of his appointment, i.e., from 26.07.2018. Thereafter the petitioner submitted a representation dated 19.11.2018 vide Annexure–AC and a legal notice dated 30.08.2018 vide Annexure-AD stating - 6 - HC-KAR NC: 2025:KHC:19775 WP No. 20394 of 2022 that he is entitled to service benefits from 12.04.2013 and because of the administrative delay in granting approval the service benefits cannot be denied. Without considering the representation of the petitioner, the first respondent issued a communication to the second respondent dated 17.06.2019 vide Annexure-AG directing the management to pay the salary as per Rule 3(b) of the Karnataka Education Institutions (Certain terms and conditions of service of employees in Private un-aided Primary and Secondary and Pre-University Educational Institutions) Rules, 2005 (for short, ‘the said Rules’) 4. The learned counsel appearing for the petitioner submitted that even though the petitioner has challenged the communication dated 17.06.2019 vide Annexure-AG by the first respondent to the second respondent, his main grievance is, his representation in respect of payment of monetary benefits from 12.04.2013 has not been considered and no communication or order has been issued to the petitioner. Annexure-AG letter dated - 7 - HC-KAR NC: 2025:KHC:19775 WP No. 20394 of 2022 17.06.2019 is only an internal communication and so far, no order has been passed on his representation. Therefore, he will not press the relief in respect of Annexure-AG since it is not issued to the petitioner. 5. He further submits that a Division Bench of this Court in W.A.No.1390/2007 disposed of on 18.12.2007, has held that if an eligible and qualified person has been appointed to an existing vacancy in accordance with the Rules and if he actually discharged the functions of that post, the mere administrative delay on the part of the Department to issue orders granting approval to the appointment cannot result in the denial of financial benefits of the post to the person appointed to the post. 6. The main grievance of the petitioner is that his appointment has been made after obtaining necessary permission from the competent authority and after following all procedure of law, that too, against a vacant sanctioned post. The management has recommended the name of the petitioner for approval in the year 2013 itself. - 8 - HC-KAR NC: 2025:KHC:19775 WP No. 20394 of 2022 Even though the petitioner is fully qualified to the post of Assistant Teacher (Arts), the third respondent rejected his proposal on the ground that B.Ed. Degree obtained by the petitioner in Madhya Pradesh Bhoj (Open) University, Bhopal is not recognized. The said Communication has been challenged before this Court and the same has been set aside, which has been confirmed by the Apex Court. Thereafter, the appointment has been approved on 26.07.2018. There is a delay in approving the appointment. To that effect, he relied on the judgment of a Division Bench of this Court in W.A.No.1390/2007 disposed of on 18.12.2007. The relevant portion is extracted below: “11. ………………………. If an eligible and qualified person has been appointed to an existing vacancy in accordance with the Rules and if he actually discharged the functions of that post, the mere administrative delay on the part of the Department to issue orders granting approval to the appointment cannot result in the denial of financial benefits of the post to the - 9 - HC-KAR NC: 2025:KHC:19775 WP No. 20394 of 2022 person appointed to the post. Otherwise, in the order granting approval, it should be clearly stated that approval is given only with effect from the date of the order granting approval and that the appointee was not entitled to the appointment prior to that date. When the Department has no case that the appointee was not entitled to the appointment on the date on which he was actually appointed, the Department cannot deny the financial benefits of the post to the appointee only on the ground that the Department took its own time to pass orders granting approval. Hence, we are of the view that there is absolutely no justification for denying the financial benefits to the first respondent for the period from 21.11.1999, the date on which he was actually appointed as Head Master and which appointment was duly approved by the Department.” 7. In view of the above facts, the respondents are directed to consider the representation of the petitioner dated 19.11.2018 vide Annexure-AC, keeping in view the order passed by this Court in W.A.No.1390/2007 disposed of on 18.12.2007 and consider the same without being influenced by the observations made in the communication - 10 - HC-KAR NC: 2025:KHC:19775 WP No. 20394 of 2022 dated 17.06.2019 vide Annexure-AG, as expeditiously as possible, not later than three months from the date of receipt of a copy of this order. In respect of other prayers are concerned, this Court has not expressed any opinion. All the contentions of the parties are kept open. With the above observations, the writ petition stands disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM LIST NO.: 1 SL NO.: 47