- 1 - NC: 2025:KHC:2958 WP No. 28529 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO. 28529 OF 2024 (S-RES) BETWEEN: SRI UJJAPPANAVAR S V S/O SRI. VEERANAGOWDA, AGED ABOUT 56 YEARS, LECTURER IN ENGLISH, SHRI. MALLIKARJUNA COMPOSITE, P.U. COLLEGE, KUPPALU, TIPUTUR TALUK, TUMKUR DISTRICT. …PETITIONER (BY SRI. B R RAGHAVENDRA, ADV.) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY TO GOVERNMENT PRIMARY AND SECONDARY EDUCATION M.S. BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU - 560001. 2. THE COMMISSIONER OF PRE-UNIVERSITY EDUCATION, MALLESHWARAM, 18TH CROSS, BENGALURU - 560 012. 3. THE DEPUTY DIRECTOR OF PRE-UNIVERSITY EDUCATION, TUMKUR DISTRICT-572101. …RESPONDENTS (BY SRI. V SHIVAREDDY, AGA FOR R1 TO R3) Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:2958 WP No. 28529 of 2024 THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ENDORSEMENT DATED 05.07.2024 BEARING REFERENCE NO.EP 176 DGW 2024 PASSED BY THE R-1 AND ITS COMMUNICATION BEARING REFERENCE NO. 1168496.DPUE-EST30UU (WP)/9/2023- R AND G DATED 13.09.2024 MADE BY THE R-2 COLLECTIVELY PRODUCED AS ANNX-K1 & K AS THE SAME ARE ILLEGAL, ARBITRARY AND UNCONSTITUTIONAL 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 S.G.PANDIT ORAL ORDER The petitioner who is working as Lecturer in Shri.Mallikarjuna Composite PU College, Tumkur is before this Court, questioning Annexures-K and K1 dated 13.09.2024 and 05.07.2024, respectively wherein the petitioner’s request to count his service between the date of appointment till the date of approval of his appointment and to pay all pensionary and financial benefits is rejected. 2. Learned counsel Sri.Raghavendra for petitioner would submit that the petitioner had sought benefit of counting his service from the date of appointment till the date of approval of his appointment to pay all financial benefits based on the decision of learned Single Judge in - 3 - NC: 2025:KHC:2958 WP No. 28529 of 2024 W.P.No.47106/2021 disposed of on 25.02.2021 and other connected petitions. Learned counsel submits that the said order has become final and in terms of the said order, the petitioner would be entitled to the relief as prayed. 3. Per contra, learned Additional Government Advocate would submit that in the matter of counting service between the date of appointment and date of approval of appointment for all financial purposes and pensionary benefits is pending in W.A.No.2476/2015 and it is at the stage of hearing. Therefore, he submits that the petitioner would be entitled to all the financial benefits depending on the outcome of the said writ appeal. 4. Learned single judge in W.P.No.21216/2014 disposed of on 10.07.2015 set aside the provision and directed counting of service from the date of appointment till the date of approval of appointment. The said order was taken up in the above stated appeal. In the above said order, learned Single Judge had struck down the Karnataka Private Aided Educational Institutions - 4 - NC: 2025:KHC:2958 WP No. 28529 of 2024 Employees (Regulation of Pay, Pension and other Benefits) Act, 2014 as ultra vires of Constitution. Therefore, prayer of the petitioner to count the service from the date of his appointment till the date of approval of his appointment would depend upon the outcome of the above stated W.A.No.2476/2015. 5. Depending on the outcome of W.A.No.2476/2015, it is open for the petitioner to make appropriate representation seeking benefit. In that circumstances, the respondents to consider the said representation without reference to Annexures-K and K1 dated 13.09.2024 and 05.07.2024. 6. With the above, the writ petition stands disposed of. Sd/- (S.G.PANDIT) JUDGE MPK CT:bms List No.: 1 Sl No.: 60