- 1 - NC: 2025:KHC:111 WP No. 32380 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO.32380 OF 2024 (S-RES) BETWEEN: 1. SRI. RAJA H.D., S/O DASAPPA, AGED ABOUT 56 YEARS, WORKING AS HEAD MASTER, VIVEKANANDA AIDED HIGHER PRIMARY SCHOOL, HULIYURUDURGA - 572 123, KUNIGAL TALUK, TUMKUR DISTRICT. 2. SRI. H.N.MALLESHA, S/O H.J.NANJAPPA, AGED ABOUT 55 YEARS, WORKING AS PHYSICAL EDUCATION TEACHER, VIVEKANANDA AIDED HIGHER PRIMARY SCHOOL, HULIYURUDURGA - 572 123, KUNIGAL TALUK, TUMKUR DISTRICT. 3. SMT. GEETHA H, W/O SURESH, AGED ABOUT 59 YEARS, WORKING AS ASSISTANT TEACHER, VIVEKANANDA AIDED HIGHER Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:111 WP No. 32380 of 2024 PRIMARY SCHOOL, HULIYURUDURGA - 572 123, KUNIGAL TALUK, TUMKUR DISTRICT. 4. SRI. VEERANNA Y.S., S/O SAVANDAIAH, AGED ABOUT 50 YEARS, WORKING AS ASSISTANT TEACHER, VIVEKANANDA AIDED HIGHER PRIMARY SCHOOL, HULIYURUDURGA - 572 123, KUNIGAL TALUK, TUMKUR DISTRICT. 5. SRI. RANGANATHA R, S/O B. RAMAIAH, AGED ABOUT 51 YEARS, WORKING AS ASSISTANT TEACHER, VIVEKANANDA AIDED HIGHER PRIMARY SCHOOL, HULIYURUDURGA - 572 123, KUNIGAL TALUK, TUMKUR DISTRICT. …PETITIONERS (BY SRI. THYAGARAJA S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF SCHOOL EDUCATION AND LITERACY, - 3 - NC: 2025:KHC:111 WP No. 32380 of 2024 M.S.BUILDING, BANGALORE - 560 001. 2. THE COMMISSIONER, DEPARTMENT OF SCHOOL EDUCATION AND LITERACY, NRUPATHUNGA ROAD, BENGALURU - 560 001. 3. THE DIRECTOR, (SECONDARY EDUCATION), DEPARTMENT OF SCHOOL EDUCATION AND LITERACY, NRUPATHUNGA ROAD, BENGALURU - 560 001. 4. THE DEPUTY DIRECTOR, DEPARTMENT OF SCHOOL EDUCATION AND LITERACY, TUMKUR DISTRICT, TUMKUR - 572 101. …RESPONDENTS (BY SRI.NAVEEN CHANDRASHEKHAR, AGA FOR R1 TO R4) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO RECKON AND COUNT THE PAST SERVICE RENDERED BY THE PETITIONERS FROM THE DATE OF THEIR - 4 - NC: 2025:KHC:111 WP No. 32380 of 2024 INITIAL APPOINTMENTS UP TO THE DATE OF APPROVAL OF THEIR APPOINTMENT WITH AID RESPECTIVELY FOR THE PURPOSE OF FIXATION OF PAY SCALE, SENIORITY INCREMENTS INCLUDING TBA, PENSIONARY BENEFITS AND OTHER CONSEQUENTIAL SERVICE BENEFITS FLOWING THEREOF BY DISPOSING THE PRESENT PETITIONS IN TERMS OF THE ORDER OF THIS HONBLE COURT MADE WP NO. 25447/2010 DISPOSED OF BY ORDER DATED 16.08.2010 WHICH IS AFFIRMED BY THE DIVISION BENCH OF THIS HONBLE COURT IN WA NO.4788/2010 DATED 22.09.2011 AND HONBLE SUPREME COURT IN SLP (CIVIL) CC 7365/2012 DATED 02.07.2012 AND ORDER DATED 08.10.2021 PASSED IN WP NO.17759/2021 VIDE ANNEXURE - D, E, F AND G RESPECTIVELY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.G.PANDIT - 5 - NC: 2025:KHC:111 WP No. 32380 of 2024 ORAL ORDER The petitioners are before this Court under Article 226 of the Constitution of India, praying to issue a writ of mandamus directing the respondents to reckon and count the service rendered between their initial appointment to the date of their approval of appointment by the respondents for the purpose of fixation of pay, seniority, increment and pensionary benefits in terms of the order passed by this Court in W.P.No.25447/2010 disposed of on 16.08.2010. 2. Heard Sri. Thyagaraja.S., learned counsel for the petitioners and Sri. Naveen Chandrashekhar, learned Additional Government Advocate for respondent Nos.1 to 4, who has taken notice. Perused the writ petition papers. 3. Learned counsel for the petitioners would submit that the petitioners were appointed as Teachers in the Vivekananda Aided Higher Primary School, Huliyurudurga, Kunigal Taluk, Tumkur District on 05.08.2002 and all the petitioners were admitted to Grant by Government Order dated 26.08.2008 (Annexure-B). It is submitted that the petitioners' prayer is to count the service from their initial appointment till - 6 - NC: 2025:KHC:111 WP No. 32380 of 2024 the date of their admission to grant for the purpose of pay fixation and pensionary benefits. 4. Learned AGA would submit that W.A.No.2647/2015 is pending consideration and the petitioners' prayer would depend on the outcome of the above stated writ appeal. 5. Under similar circumstances, this Court by its order dated 08.10.2021 in W.P.No.17759/2021 passed the following order: "5. The petitioners claim that they were appointed on 14.05.1988 and 11.08.1992 respectively and their appointment was approved on 06.03.1999 and 17.02.2014 in terms of Annexures-A and C respectively. The petitioners are still in service and their prayer is to count their service from the date of appointment till the date of admitting to grant for pay fixation and for sanction of pension and pensionary benefits at the time of their retirement. This Court under order dated 10.07.2015 in W.P.No.21216/2014 and connected matters while setting aside the Act No.07/2014 held that non-aided period shall be counted for settling service benefits and pensionary benefits. Since Writ Appeal No.2647/2015 and connected matters are pending against the said order, it would be appropriate to dispose of this writ petition directing the respondents to consider the case of the petitioners for counting their unaided period for - 7 - NC: 2025:KHC:111 WP No. 32380 of 2024 service benefits and pensionary benefits, depending on the outcome of the above referred Writ Appeals. The petitioners are also directed to make appropriate representation to respondent Nos.1 and 2 praying for counting unaided period for service benefits as well as pensionary benefits, after disposal of Writ Appeal No.2647/2015 and connected matters. If such representation is made, the respondents shall consider the same and pass appropriate order expeditiously." 6. In terms of the above, the present writ petition is also disposed off. The petitioners' prayer would depend on the outcome of W.A.No.2647/2015 pending before this Court. The petitioners are at liberty to make representation to respondent Nos.1 to 4 depending on the outcome of W.A.No.2647/2015. Sd/- (S.G.PANDIT) JUDGE SMJ List No.: 1 Sl No.: 48