- 1 - NC: 2025:KHC:7044 WP No. 3905 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO. 3905 OF 2025 (S-RES) BETWEEN: 1. SRI. K. NAGARAJ S/O KALEGOWDA AGED ABOUT 71 YEARS, RETIRED ASSISTANT TEACHER, SRI. MALLIKARJUNASWAMY HIGH SCHOOL MALAVALLI, MANDYA DISTRICT. R/AT BASAVESHWARANAGARA BEHIND SOMESHWARA THEATRE BANNUR SANTHEMALA T NARASIPURA TALUK, MYSORE DISTRICT -577 598. 2. SMT. SWARNALATHA W/O J. MAHDEVAIAH AGED ABOUT 61 YEARS, RETIRED ASSISTANT TEACHER, SRI. MALLIKARJUNASWAMY HIGH SCHOOL MALAVALLI MANDYA DISTRICT, R/AT 3RD CROSS, SIDDARTHANAGARA MALAVALLI MANDYA DISTRICT-571 430. 3. SRI. BALARAMEGOWDA RETIRED ASSISTANT TEACHER Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:7044 WP No. 3905 of 2025 S/O LATE KARIGOWDA AGED ABOUT 61 YEARS SRI. MALLIKARJUNASWAMY HIGH SCHOOL MALAVALLI MANDYA DISTRICT, R/AT CHOWKALLI KALENAHALLI POST, K.R NAGARA TALUK, MYSORE DISTRICT-571 602 4. SRI. SHIVANNA S/O LATE HOMBALAIAH, AGED ABOUT 31 YEARS, RETIRED LAB ASSISTANT SRI. MALLIKARJUNASWAMY, HIGH SCHOOL, MALAVALLI, MANDVA DISTRICT. R/AT BASAVANAGUDI GUTHALA ROND, MANDYA-571 401. 5. SRI. G. JAYARAM S/O LATE DELHI NANJAIAH AGED ABOUT 63 YEARS RETIRED SDA SRI. MALLIKARJUNASWAMY HIGH SCHOOL MALAVALLI, MANDYA DISTRICT. R/KALKUNI AMBEDKAR COLONY, KIRGAVALU HOBLI, MALAVALLI, MANDYA DISTRICT-571 424 …PETITIONERS - 3 - NC: 2025:KHC:7044 WP No. 3905 of 2025 (BY SRI. M.D. KRUPESH, ADVOCATE FOR SRI. PADMANABHA R., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF SCHOOL EDUCATION AND LITERACY, M.S. BULDING, DR. AMBEEDKAR VEEDHI, BENGALURU 560 001. 2. THE COMMISSIONER FOR PUBLIC INSTRUCTIONS, DEPARTMENT OF SCHOOL EDUCATION AND LITERACY, NRUPATHUNGA ROAD, BENGALURU 560 001. 3. THE DIRECTOR FOR PUBLIC INSTRUCTIONS, DEPARTMENT OF SCHOOL EDUCATION AND LITERACY, NRUPATHUNGA ROAD, BENGALURU - 560 001. 4. THE DEPUTY DIRECTOR FOR PUBLIC INSTRUCTIONS DEPARTMENT OF SCHOOL EDUCATION AND LITERACY, MANDYA DISTRICT, MANDYA 5. ACCOUNTANT GENERAL (A AND E) IN KARNATAKA, PARK HOUSE, PALACE ROAD, BENGALURU - 560 001 …RESPONDENTS (BY SRI. SHIVA REDDY, AGA) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO PRAYING TO - 4 - NC: 2025:KHC:7044 WP No. 3905 of 2025 DIRECT THE RESPONDENTS TO RECKON AND COUNT THE PAST SERVICE RENDERED BY THE PETITIONERS FROM THE DATE OF THEIR INITIAL APPOINTMENTS UP TO THE DATE OF APPROVAL OF THEIR APPOINTMENT WITH AID FOR THE PURPOSE OF FIXATION OF PAY SCALE, SENIORITY, INCREMENTS INCLUDING TBA, PENSIONARY BENEFITS AND OTHER CONSEQUENTIAL SERVICE AND MONITORY BENEFITS FLOWING THEREOF BY DISPOSING THE PRESENT PETITIONS IN TERMS OF THE ORDER DATED. 13.06.2023 PASSED IN W.P.NO. 6597/2023, ORDER DATED. 28.06.2023 PASSED IN W.P.NO. 12310/2022 AND ORDER DATED. 09.11.2020 PASSED IN W.P.NO. 43017/2018 VIDE ANNEXURE-D, E, AND F. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.G.PANDIT ORAL ORDER Heard learned counsel Sri M.D. Krupesh, for Sri Padmanabha R., learned counsel for the petitioners and learned AGA Sri Shiva Reddy, for respondents. 2. Learned counsel for the petitioners would submit that the petitioners are before this Court praying for a writ of mandamus to direct the respondents to reckon and count - 5 - NC: 2025:KHC:7044 WP No. 3905 of 2025 the past service rendered by the petitioners from the date of their initial appointments up to the date of approval of their appointment with grant-in-aid, for the purpose of fixation of pay, seniority, increments, including time bound, pensionary benefits and other consequential service and monitary benefits. 3. Learned counsel for the petitioners would submit that petitioners retired from service on attaining the age of superannuation. The date of appointment, date of grant- in-aid and date of retirement of the petitioners 1 to 5 are as follows :- Sl. No. Name of the petitioner Designation Date of Appointment Date of Grant-In- Grant in Aid Date of retired from service 1 K Nagaraj Retired Assistant Teacher 28.08.1986 21.08.1995 31.05.2014 2 Swarnalatha Retired Assistant Teacher 01.09.1986 21.08.1995 30.07.2023 3 Balaramegowda Retired Assistant Teacher 01.09.1986 21.08.1995 30.06.2024 - 6 - NC: 2025:KHC:7044 WP No. 3905 of 2025 4 Shivanna Lab Assistant 20.07.1985 28.10.1999 30.07.2022 5 G Jayaram SDA 01.09.1986 18.11.1994 30.08.2022 4. Learned counsel for the petitioners would submit that service rendered by the petitioners prior to approval is not counted for the purpose of pension, pensionary benefits and for other benefits. Hence, learned counsel would pray for counting the service for the purpose of pension, pensionary benefits, pay and other benefits. In that, learned counsel for the petitioners pray for disposal of the writ petition in terms of order passed by this Court in W.P.No.20582/2020 dated 02.11.2022. 5. Learned AGA for respondents would submit that the matter with regard to counting service from the date of appointment till the date of approval or admission to grant-in-aid is pending before the Division Bench in W.A.No.2476/2015 and he submits that the petitioners prayer would depend on the out of the said writ appeal. - 7 - NC: 2025:KHC:7044 WP No. 3905 of 2025 6. On hearing the learned counsel for the parties and on perusal of the entire writ petition papers, I deem it appropriate to dispose of the writ petition with a direction to the petitioners to make appropriate representation depending on the outcome of the Writ Appeal No.2476/2015 and seek benefit as prayed for in the present writ petition. If such representation is submitted subsequent to disposal of W.A.No.2476/2015, the respondents to consider the same and pass appropriate order in accordance with law. With the above observation, writ petition stands disposed of. Sd/- (S.G.PANDIT) JUDGE NG List No.: 1 Sl No.: 21 CT:SNN