- 1 - HC-KAR NC: 2025:KHC-D:16880 WP No. 108193 of 2018 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 1ST DAY OF DECEMBER 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 108193 OF 2018 (S-RES) BETWEEN: 1. R.M.KUNTOJI AGE:48 YEARS, OCC:I/C HEAD MASTER IN ANJUMAN KANNADA MEDIUM HIGH SCHOOL, NAVANAGAR, BAGALKOT, R/O. NEAR MEHABOOB SUBHANI DARGA, H.NO.116 OLD BAGALKOT. 2. SHRI. M. D. HIREHAL, AGE:52 YEARS, OCC:ASSISTANT MASTER, ANJUMAN SCHOOL, NAVANAGAR, BAGALKOT, DIST:BAGALKOT. 3. SHRI. B. A. SOUDAGAR, AGE:54 YEARS, OCC:ASST.MASTER, ANJUMAN KANNADA MEDIUM HIGH SCHOOL, NAVANAGAR, BAGALKOT, DIST:BAGALKOT, R/O. SAYED BUILDING, VIDYANAGAR, HUBBALLI. 4. S. S. MUDDEBIHAL, AGE: 48 YEARS, OCC:DRAWING TEACHER, ANJUMAN KANNADA MEDIUM HIGH SCHOOL, NAVANAGAR, BAGALKOT, R/O. SECTOR NO.29, PLOT NO.C/1,NAVANAGAR, BAGALKOT. Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:16880 WP No. 108193 of 2018 5. SHRI. B. R. BILAKUNDARI AGE:51 YEARS, OCC:P. E. TEACHER, ANJUMAN KANNADA MEDIUM HIGH SCHOOL, NAVANAGAR, BAGALKOT, DIST:BAGALKOT. 6. SHRI. N. B. HONWAD, AGE:41 YEARS, OCC: SDM ANJUMAN KANNADA MEDIUM HIGH SCHOOL, NAVANAGAR, BAGALKOT, DIST:BAGALKOT, R/O. PLOT NO.9, SECTOR NO.20, NAVANAGAR, BAGALKOT. 7. GANGADHAR HANUMANT MOPAGAR AGE:62 YEARS, OCC:RETD.H M, S. G.S. HIGH SCHOOL, HIPPARAGI, TQ:JAMKHANDI, DIST:BAGALKOT, R/O. YALLATTI 587311 TQ:JAMAKHANDI, DIST:BAGALKOT. …PETITIONERS (BY SRI. K.S. KORISHETTAR, ADVOCATE) AND: 1. SECRETARY (PRI and SEC) DEPARTMENT OF EDUCATION, BENGALURU. 2. THE COMMISSIONER FOR PUBLIC INSTRUCTIONS, DIET BUILDING, K.C.D ROAD, DHARWAD. 3. THE DIRECTOR FOR PRE-UNIVERSITY EDUCATION, BENGALURU. 4. THE ACCOUNTANT GENERAL (A and E) BENGALURU. …RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP) - 3 - HC-KAR NC: 2025:KHC-D:16880 WP No. 108193 of 2018 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO: WHEREFORE IT IS PRAYED TO ISSUE MANDAMUS DIRECTING RESPONDENTS TO CONSIDER THE UNAIDED PERIOD OF SERVICES OF PETITIONERS AS QUALIFYING SERVICES FOR PAY, PENSION AND OTHER RETIRAL BENEFIT.DIRECT THE RESPONDENTS TO EXTEND THE BENEFIT OF UNAIDED SERVICE OF THE PETITIONERS FOR THEIR PENSION AND PAY AND OTHER RETIRAL BENEFIT ANY OTHER ORDER OR DIRECTION DEEM FIT AND PROPER IN THE CIRCUMSTANCES OF THE CASE AND IN THE INTEREST OF JUSTICE AND EQUITY. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN B GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioners are before this Court seeking the following prayer: a. Wherefore it is prayed to issue mandamus directing Respondents to consider the unaided period of services of petitioners as qualifying services for pay, pension and other retiral benefit. b. Direct the Respondents to extend the benefit of unaided service of the petitioners for their pension and pay and other retiral benefit. c. Any other order or direction deem fit and proper in the circumstances of the case and in the interest of justice and equity. 2. Heard the learned counsel Sri. K.S. Korishettar appearing for the petitioners and the learned HCGP Smt. Girija S. Hiremath for the respondents. - 4 - HC-KAR NC: 2025:KHC-D:16880 WP No. 108193 of 2018 3. The petitioners claim that they are similarly placed to that of those petitioners in Writ Petition Nos.108588- 108604/2015 disposed on 09.09.2015. 4. Not only this order, there are plethora of orders passed by the Co-ordinate benches accepting the claim of the petitioners and the like. 5. The learned HCGP, though would refute the submissions of the petitioners, is not in a position to dispute the position of law as is considered by the Co-ordinate Bench. 6. In that light, I deem it appropriate to dispose the petition with the same benefit that is granted by the Co-ordinate Bench. The Co-ordinate Bench in Writ Petition Nos.108588- 108604/2015 has held as follows. “ Learned Government Advocate is directed to take notice for the State-Respondent Authorities No. 1 to 4. 2. Heard the learned Counsel for the petitioners and the learned Government Advocate. 3. The petitioners in these writ petitions are challenging the constitutional validity of the provisions of Section 3(1) & (2) of Karnataka Private Aided Education Institution Employees (Regulation of Pay, Pension and other benefits) Act, 2014 as assented by His Excellency the Governor of Karnataka on 11.02.2014 and published in the official Gazette on 12.02.2014. - 5 - HC-KAR NC: 2025:KHC-D:16880 WP No. 108193 of 2018 4. The petitioners in the above petitions are Teaching and Non-teaching staff in the respective aided institutions. They claim before their respective Management for extension of their service benefits and fixation of the pay from the date of entering into their services and for other consequential benefits. 5. Similarly placed some of the teaching and non-teaching staff have already approached this court in Writ Petition Nos. 14676/2001, 872/2004, 19431/2005 and 5145/2007. In fact, this court has passed an order considering the said prayer of the teaching and non-teaching staff and those writ petitions were allowed. Questioning the said order in the said writ petitions, the Government has preferred writ appeals before this court in W.A. Nos.450/2007 and 848/2008. The said writ appeals were also dismissed upholding the order of the learned Single Judge. Special Leave Petitions were also preferred by the Government of Karnataka in SLP Nos. 22176- 22186/2010 and vide judgment dated 21.08.2013, the Hon’ble Apex Court has also dismissed the said SLPs. After the disposal of the said SLPs, the rights of the similarly placed teaching and non- teaching staff were adjudicated and it reached finality. The Government in order to over-come the said judgment of the Hon’ble Apex Court, according to the petitioners, issued a fresh notification, which is challenged before this court in the present writ petitions. 6. This court had an occasion to deal with the similar matter in Writ Petition No.21216/2014 and connected bunch of writ petitions, in which, the court has considered in detail the order passed in the earlier writ petitions and also the order passed in the writ appeals as well as dismissal of the SLPs before the Hon’ble Apex Court and ultimately, it quashed the Government notification passed under Karnataka Act No.7/2014 viz., Karnataka Private Aided Educational Institutions Employees ( Regulation of Pay, Pension and other Benefits), Act 2014 (Karnataka Act No.7/2014), which is also challenged before this court in these writ petitions. The said Act has been struck-down as ultra vires and the Government was directed to comply with the directions already issued by this court in earlier concluded proceedings. The specific order passed by this court in the above said writ petitions is as follows. i) The Karnataka Private Aided Educational Institutions Employees (Regulation of Pay, Pension and - 6 - HC-KAR NC: 2025:KHC-D:16880 WP No. 108193 of 2018 other Benefits) Act, 2014 (Karnataka Act No.07/2014) is hereby struck-down as ultravires of Constitution of India as it is opposed to Article 14 of the Constitution of India and also encroaches upon the judicial powers of the Courts as discussed herein above. ii) Respondent- State shall continue to pay salary or pension as the case may be, to petitioners and similarly placed persons as was being paid pursuant to its earlier orders or in other words, as it was being paid prior to impugned enactment. OR The respondent-State shall comply with the directions already issued by this Court extending the monetary benefits and treating the petitioners working in Private Aided Educational Institutions on par with the employees working in Government Institutions. iii) In the event of respondent-State having recovered any amount/s pursuant to the impugned enactment, same is hereby ordered to be refunded to the respective petitioner/s by the State expeditiously, at any rate within eight weeks from the date of receipt of a certified copy of this order. 7. As these writ petitions are also involved similar set of facts and circumstances and also the similar question of law, there is no need for this court to once again deal with the same in detail as the above said facts and legal aspects already been dealt with by this court in the above said writ petitions. Therefore, whatever the benefits that have been given to the similarly placed teaching and non-teaching staff as that of the petitioners, the same benefits have to be extended to the petitioners also. Therefore, these writ petitions also deserve to be allowed with the same observations made by this court in earlier petitions in W.P. No. 21216/2014 and connected matters. 8. In the result, the following order is passed:- ORDER i) The writ petitions are allowed. - 7 - HC-KAR NC: 2025:KHC-D:16880 WP No. 108193 of 2018 ii) Respondent- State shall continue to pay salary or pension as the case may be, to petitioners and similarly placed persons as was being paid pursuant to its earlier orders or in other words, as it was being paid prior to impugned enactment. OR The respondent-State shall comply with the directions already issued by this Court extending the monetary benefits and treating the petitioners working in Private Aided Educational Institutions on par with the employees working in Government Institutions. iii) In the event of respondent-State having recovered any amount/s pursuant to the impugned enactment, same is hereby ordered to be refunded to the respective petitioner/s by the State expeditiously, at any rate within eight weeks from the date of receipt of a certified copy of this order. iv) The respondent-State is directed to implement the order passed by this court in the writ petitions cited supra and in these writ petitions, as expeditiously as possible. v) No order as to costs. 7. In view of the issue being covered by the aforesaid order rendered by the Co-ordinate Bench of this Court, the subject petition deserves to succeed. Accordingly, the following: ORDER i. The writ petition is allowed. ii. The respondent-State shall continue to pay salary or pension as the case may be, to petitioners and similarly placed persons as was being paid pursuant - 8 - HC-KAR NC: 2025:KHC-D:16880 WP No. 108193 of 2018 to its earlier orders or in other words, as it was being paid prior to impugned enactment. OR The respondent-State shall comply with the directions already issued by this Court extending the monetary benefits and treating the petitioners working in Private Aided Educational Institutions on par with the employees working in Government Institutions. iii) In the event of respondent-State having recovered any amount/s pursuant to the impugned enactment, same is hereby ordered to be refunded to the respective petitioners by the State expeditiously, at any rate within eight weeks from the date of receipt of a certified copy of this order. iv) The respondent-State is directed to implement the order passed by this Court in the writ petitions cited supra and in this writ petition, as expeditiously as possible. v) No order as to costs. Sd/- (M.NAGAPRASANNA) JUDGE Kmv CT:ANB