- 1 - HC-KAR NC: 2025:KHC-D:11021 WP No. 109267 of 2014 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 29TH DAY OF AUGUST 2025 BEFORE THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR WRIT PETITION NO. 109267 OF 2014 (S-RES) BETWEEN: 1. K.M. RAJASHEKHAR S/O. MAHALINGAPPA, AGE: 43 YEARS, OCC: SELECTION GRADE LECTURER 2. VEERESH P. HIREMATH, S/O. PARAMESHWARAYYA, AGE: 40 YEARS, OCC: SELECTION GRADE LECTURER AMENDED AS PER COURT ORDER DATED 11.03.2016 3. PRAKASH M.C. S/O. CHELUVAIAH , AGE: 42 YEARS, OCC: SELECTION GRADE LECTURER 4. BHEEMASEN S. KORLAHALLI , S/O. SATYAVEERACHARYA AGE: 46 YEARS, OCC: SELECTION GRADE LECTURER 5. ANIL KUMAR N. MAROL, S/O. NINGAPPA AGE: 40 YEARS, OCC: SELECTION GRADE LECTURER ALL ARE WORKING IN RURAL POLYTECHNIC, HAUNSBHAVI, Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.09.01 15:22:01 +0530 - 2 - HC-KAR NC: 2025:KHC-D:11021 WP No. 109267 of 2014 ALL ARE R/O. HAUNSBHAVI, TQ: HIREKERUR, DIST: HAVERI. …PETITIONERS (BY SRI. P.G. MOGALI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY ITS SECRETARY TO THE DEPARTMENT OF PARLIAMENTARY AFFAIRS AND LEGISLATION, VIDHAN SOUDHA, BANGALORE-01. 2. THE DIRECTOR OF TECHNICAL EDUCATION, PALACE ROAD, BANGALORE-1. 3. THE PRINCIPAL RURAL POLYTECHNIC HAUNSBHAVI, TQ: HIREKERUR DIST: HAVERI. …RESPONDENTS (BY SRI. ASHOK T. KATTIMANI, AGA FOR R1 & R2; NOTICE TO R3 IS SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE AN WRIT OF CERTIORARI, QUASHING THE KARNATAKA PRIVATE AIDED INSTITUTIONS STAFF (SALARY, PENSION PAYMENT AND OTHER BENEFITS CONTROL) RULES 2014 (PÀ£ÁðlPÀ SÁ¸ÀV C£ÀÄzÁ¤vÀ ±ÉÊPÀëtÂPÀ ¸ÀA¸ÉÜUÀ¼À ¹§âA¢UÀ¼À ªÉÃvÀ£À ªÀÄvÀÄÛ EvÀgÉ ¸Ë®¨sÀåUÀ¼À ¤AiÀÄAvÀæt C¢ü¤AiÀĪÀÄ 2014), PUBLISHED IN PART-IV OF KARNATAKA GAZETTE DATED 12.02.2014 IN NO.SMVYASHA E 60 SHASAHA 2013, BANGALORE (¸ÀASÉå:¸ÀAªÀå±Á E 60-±Á¸À£À 2013, ¨ÉAUÀ¼ÀÆgÀÄ ¢£ÁAPÀ:12.02.2014) DATED 12.02.2014 ISSUED BY THE RESPONDENT NO.1, VIDE ANNEXURE-A BEING UNCONSTITUTIONAL AND ETC. - 3 - HC-KAR NC: 2025:KHC-D:11021 WP No. 109267 of 2014 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 S.R. KRISHNA KUMAR) In this petition, petitioners seek the following reliefs: “(i) Issue an writ of Certiorari, quashing the Karnataka Private Aided Institutions Staff (Salary, Pension Payment and Other benefits Control) Rules 2014, (PÀ£ÁðlPÀ SÁ¸ÀV C£ÀÄzÁ¤vÀ ±ÉÊPÀëtÂPÀ ¸ÀA¸ÉÜUÀ¼À ¹§âA¢UÀ¼À ªÉÃvÀ£À ªÀÄvÀÄÛ EvÀgÉ ¸Ë®¨sÀåUÀ¼À ¤AiÀÄAvÀæt C¢ü¤AiÀĪÀÄ 2014), published in Part-IV of Karnataka Gazette dt: 12-02-2014 in No.SAMVYASHA E 60 SHASANA 2013, Bengaluru (¸ÀASÉå:¸ÀAªÀå±Á E 60-±Á¸À£À 2013, ¨ÉAUÀ¼ÀÆgÀÄ ¢£ÁAPÀ:12.02.2014) dt:12-02-2014 issued by the Respondent No.1, vide “ANNEXURE-A” being unconstitutional; (ii) Issue any other writ, order or direction that are deemed proper and necessary by this Hon’ble Court in the circumstances of the case in the interest of justice and equity.” - 4 - HC-KAR NC: 2025:KHC-D:11021 WP No. 109267 of 2014 2. Learned counsel for the petitioners submits that the issue in controversy involved in the present petition is directly and squarely covered by the judgment of a Co- ordinate Bench of this Court in the case of Shivakumar Chanaveeragoudar and Others Vs. The State of Karnataka and Others, in W.P. Nos.105623-105638 of 2015 and W.P. No.105665 of 2015. The petitioners therein were identically/similarly situated in the same respondent No.3-College where the present petitioners are working. Therefore, the present writ petition also deserves to be allowed in terms of the said order. 3. Submission is placed on record. 4. The Co-ordinate Bench of this Court in the case of Shivakumar (supra), has held as under: “These writ petitions are listed for preliminary hearing B group. With the consent of learned counsel on both sides, they are heard finally. 2. Petitioners have challenged the validity of the Karnataka Private Aided Educational Intuitions Employees(Regulation of Pay, Pension and Other - 5 - HC-KAR NC: 2025:KHC-D:11021 WP No. 109267 of 2014 Benefits) Act, 2014(hereinafter referred to as the ‘Act’ for the sake of brevity). 3. Learned counsel for the petitioners submits that similar writ petitions filed before this Court have been allowed by learned Single Judge of this Court by order dated 10.07.2015 whereby the aforesaid Act has been struck down as ultravires of Constitution of India as it is opposed to Article 14 of the Constitution of India and it also encroaches upon judicial powers of the Court. Further directions have been issued in the said judgment in the case of B.K. Naik and Ors. v. State of Karnataka and Ors. 5 disposed off on 10.07.2015. Learned counsel for the petitioners further submits that thereafter writ appeals were filed by the State. He submits that similar matters have been disposed off subsequently and one such order dated 09.03.2016 passed in the case of Dr. R. Laxmi v. The State of Karnataka and others (Writ Petition No.111098 of 2015) is furnished. He submits that similar orders may be passed in these writ petitions also. 4. Learned counsel for the petitioners draws my attention to the fact that in the case of Dr. R. Laxmi v. The State of Karnataka and others (Writ Petition No.111098 of 2015), this Court has disposed off the writ petition directing the State - 6 - HC-KAR NC: 2025:KHC-D:11021 WP No. 109267 of 2014 Government to refix the pay of the petitioner therein in terms of the judgment rendered in B.K. Naik and Ors. v. State of Karnataka and Ors. subject to the decision in the writ appeals pending before this Court in W.A. No.2476 of 2015 and connected matters. 5. Learned Additional Government Advocate appearing for the respondent Nos.1 to 3 does not counter 6 the aforesaid submissions as they are all the matters of record. In the circumstances, he submits that these writ petitions may be disposed off in accordance with law. 6. Having heard learned counsel for the respective parties and noting that these petitioners are all lecturers working in respondent No.3- Polytechnic coming under the Director of Technical Education-respondent No.2 herein, it is held that the aforesaid Act which has been sought to be applied to the petitioners herein is assailed, the same having been struck down by this Court and the matter being at the stage of writ appeal, similar orders are required to be made in these cases also. In the circumstances, the order passed by this Court in Dr. R. Laxmi’s case dated 09.03.2016 is followed. The same reads as under: 1. Learned Additional Government Advocate is directed to take notice for the respondents. - 7 - HC-KAR NC: 2025:KHC-D:11021 WP No. 109267 of 2014 2. Question raised in these writ petitions are similar to the question raised in W.P.Nos. 1106402- 7 696/2015 and connected cases disposed of on 02.03.2016. This Court having noticed the order passed earlier declaring the provisions of the Karnataka Private Educational Institutions Employees (Regulation of Pay, Pension and Other Benefits) Act, 2014 as unconstitutional has disposed of the writ petitions referring to the pendency of the writ appeal in W.A.No.2476/2015 and to the interim order passed therein on 27.11.2015. 3. This Court has passed the following order: “2. In these writ petitions, petitioners have sought for a direction to the respondents to count their past service from the date of their initial appointment upto the date of approval of their appointment with aid for the purpose of fixation of pay- scale and other benefits in terms of the order passed by this Court in W.P. No. 37250-37254/2010 and connected cases disposed of on 02.12.2010 and on other dates. Petitioners have contended that the decision rendered in the writ petition has been confirmed by the Division Bench in W.A. No.4788/2010 disposed of on - 8 - HC-KAR NC: 2025:KHC-D:11021 WP No. 109267 of 2014 22.09.2011 which has been 8 subsequently confirmed by the Apex Court in SLP (Civil) CC No.7365/2012 dated 02.07.2012. 3. It is not in dispute that as per the judgment of this Court in W.P.Nos.37250- 37254/2010 disposed of on 02.12.2010 and other connected cases, this Court has held that teachers to whom University Grant Commission pay-scale had been extended after they were admitted to grant-in-aid were entitled for such pay-scale and other benefits even for the unaided period. It is also not in dispute that the said decision rendered by this Court has been confirmed by the Apex Court. Thereafter, the State Government enacted Karnataka Private Educational Institutions Employees (Regulation of Pay, Pension and Other Benefits) Act, 2014 (Karnataka Act No.7 of 2014). By this enactment, the benefit that was available to the teachers as per the judgment rendered by this Court and confirmed by the Apex Court was sought to be taken away. Therefore, some of the petitioners presented W.P. No.21216/2014 challenging the enactment and the said writ petition was allowed on 10.07.2015. - 9 - HC-KAR NC: 2025:KHC-D:11021 WP No. 109267 of 2014 Appeals have been filed against the said order in Writ Appeal No.2476/2015 and connected cases. The Division Bench has granted an interim order of stay on 27.11.2015 based on the submission 9 made by the learned Advocate General. The interim order reads as under: “Writ Appeal No.2476 of 2015 and Writ Appeal Nos.3600 to 4195 of 2015 are the appeals against the judgment and order dated July 10, 2015, passed by the Hon’ble Single Judge, in relation to a batch of writ petitions pertaining to Dharwad Bench of this Court. Learned Advocates appearing for the respondents submits that, to avoid conflicting judicial opinions, these appeals could be heard along with Writ Appeal No.2467 of 2015 and Writ Appeal Nos.2714 to 3455 of 2015. Writ Appeal No.2467 of 2015 and other appeals pertain to the Principal Bench. It is suggested by the learned advocates that let all the matters be considered by the Principal Bench of this Court. - 10 - HC-KAR NC: 2025:KHC-D:11021 WP No. 109267 of 2014 We accept the prayer and decide to hear all the appeals together. Issue notice on the application for condonation of delay in Writ Appeal No.2476 of 2015. Issue notice on the non- appearing respondents in Writ Appeal No.2467 of 2015. Insofar as the in- service respondents are 10 concerned, we record the statement of the learned Advocate General that the State shall go on paying their current emoluments in terms of the re-fixation, subject, however, to the result of the writ appeals. However, they are restrained from initiating any recovery proceedings for recovery of the arrears of pay. So far as the retired employees are concerned learned Advocate General submits that the pension they are getting shall be continued to be paid to them. He submits that in some cases the pensions are based on the old scales and in some cases after re-fixation. The State shall be paying the pension - 11 - HC-KAR NC: 2025:KHC-D:11021 WP No. 109267 of 2014 as are paid to those retired employees as of today. So far as recovery proceedings and calculation of the pension in terms of the new regulation are concerned, the proceedings shall, however, remain stayed.” Thus, it is clear that as per the interim order, the Division Bench, after recording the submission of learned Advocate General has made it clear that State Government shall go on paying their current emoluments to the teachers in terms of refixation subject to the result of the writ appeals. 4. Learned counsel appearing for the petitioners rightly submits and indeed brings to the notice of this Court the decision rendered by this Court in other writ petitions including W.P. No.48622/2015 wherein several teachers had approached this Court seeking similar relief. The writ petitions have been allowed making it clear that the State shall refix the pay-scale payable to them keeping in mind the judgment rendered in Dr. B.K. Naik’s case and the interim order passed by the Division Bench on 27.11.2015. - 12 - HC-KAR NC: 2025:KHC-D:11021 WP No. 109267 of 2014 5. In the light of the said submission and the order passed in connected W.P. No.48622/2015 disposed of on 27th January 2016, these writ petitions are also disposed of directing the State Government to refix the pay of the petitioners in terms of the judgment rendered in Dr. B.K.Naik’s case. However, it is made clear that the said refixation of pay-scale would be subject to the decision in the writ appeals pending before this Court in W.A. No.2476/2015 and other connected matters” 4. In the light of the above, these writ petitions also deserve to be disposed of in the same terms. Accordingly, these writ petitions are disposed of in terms of the order passed in the connected writ petitions, referred to above. Learned Additional Government Advocate is permitted to file memo of appearance within three weeks.” The aforesaid order is squarely applicable to these cases also. The writ petitions are disposed off in terms of the order passed in the aforesaid writ petitions by directing the State Government to refix the pay of the petitioners herein in terms of the judgment rendered in B.K. Naik’s case or if pay is already - 13 - HC-KAR NC: 2025:KHC-D:11021 WP No. 109267 of 2014 refixed, the respondents are directed to continue to pay the said refixed salary/pension to the petitioners herein, as the case may be. However, it is made clear that the said refixation of pay scale would be subject to the decision in the writ appeals pending before this Court in Writ Appeal No.2476 of 2015 and connected matters. Writ Petitions are disposed off with the aforesaid terms.” 5. In the result, the present writ petition is hereby allowed and disposed off in terms of the order passed in the case of Shivakumar (supra), by directing the State Government to refix the pay of the petitioners herein in terms of the judgment rendered in the case of B. K. Naik and Others Vs. State of Karnataka and Others, if pay is already refixed, the respondents are directed to continue to pay the said refixed salary/pension to the petitioners herein, as the case may be. Sd/- (S.R. KRISHNA KUMAR) JUDGE SMM / CT-MCK List No.: 1 Sl No.: 28