- 1 - HC-KAR NC: 2025:KHC-D:17322 WP No. 102311 of 2016 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 4TH DAY OF DECEMBER 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 102311 OF 2016 (S-RES) BETWEEN: 1. SMT.INAYATHUNNISA AGED ABOUT 60 YEARS, RETIRED ASSISTANT TEACHER, JUNNEDIA URDU PRIMARY SCHOOL KUDACHI, TQ: RAIBAG DIST: BELAGAVI 2. SMT.FARIDA G MOKASHI AGED ABOUT 52 YEARS, ASSISTANT TEACHER, JUNNEDIA URDU PRIMARY SCHOOL KUDACHI, TQ: RAIBAG DIST: BELAGAVI 3. SRI.JABBAR AHEMAD S PEERJADE AGED ABOUT 36 YEARS, ASSISTANT TEACHER, JUNNEDIA URDU PRIMARY SCHOOL KUDACHI, TQ: RAIBAG DIST: BELAGAVI 4. SRI.AIYAZ AHEMAD H BAGE AGED ABOUT 31 YEARS, ASSISTANT TEACHER, JUNNEDIA URDU PRIMARY SCHOOL KUDACHI, TQ: RAIBAG DIST: BELAGAVI 5. SRI.ZAKIRHUSSAIN S TAMBOLI AGED ABOUT 34 YEARS, ASSISTANT TEACHER, JUNNEDIA URDU PRIMARY SCHOOL KUDACHI, TQ: RAIBAG DIST: BELAGAVI Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:17322 WP No. 102311 of 2016 6. SRI.SHABBIR AHEMAD M BAGE AGED ABOUT 32 YEARS, ASSISTANT TEACHER, JUNNEDIA URDU PRIMARY SCHOOL KUDACHI, TQ: RAIBAG DIST: BELAGAVI 7. SMT.FARZANA A MAROOF AGED ABOUT 39 YEARS, ASSISTANT TEACHER, JUNNEDIA URDU PRIMARY SCHOOL KUDACHI, TQ: RAIBAG DIST: BELAGAVI …PETITIONERS (BY SRI. MOHAN A HIREKODI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF EDUCATION, (PRIMARY AND SECONDARY) M.S. BUILDING, BENGALURU-560001. 2. THE COMMISSIONER, FOR PUBLIC INSTRUCTIONS, DHARWAD. 3. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS, CHIKODI TALUK, DIST. BELAGAVI. 4. THE BLOCK EDUCATION OFFICER RAIBAG TALUK, RAIBAG, DIST. BELAGAVI. 5. THE JUNNEDIA URDU PRIMARY SCHOOL KUDACHI, TQ: RAIBAG, DIST: BELAGAVI,REP. BY ITS PRINCIPAL. …RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1 TO R4; R5-SERVED) - 3 - HC-KAR NC: 2025:KHC-D:17322 WP No. 102311 of 2016 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS TO RECKON AND COUNT THE PAST SERVICE RENDERED BY THE PETITIONERS UNDER THE PRIVATE MANAGEMENT FROM THE DATE OF THEIR RESPECTIVE INITIAL APPOINTMENTS UP TO THE DATE OF APPROVAL OF THEIR RESPECTIVE APPOINTMENTS WITH AID FOR THE PURPOSE OF FIXATION OF PAY SCALE, SENIORITY, INCREMENTS INCLUDING TBA, PENSIONARY BENEFITS AND OTHER CONSEQUENTIAL SERVICE AND MONETARY BENEFITS FLOWING THEREOF AND ADMISSIBLE TO THEM ON PAR WITH THE EMPLOYEES WORKING IN GOVERNMENT INSTITUTIONS UNDER THE LAW 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. i. Issue a Writ in the nature of mandamus directing the respondents to reckon and count the past service rendered by the petitioners under the private management from the date of their respective initial appointments up to the date of approval of their respective appointments with aid for the purpose of fixation of pay scale, seniority, increments including TBA, pensionary benefits and other consequential service and monetary benefits flowing thereof and admissible to them on par with the employees working in Government Institutions under the law in the interest of the justice and equity. ii. Issue such other orders or directions as this Hon’ble Court deems fit, just and proper under the facts and circumstances of the case and allow this petition with costs, in the interest of justice and equity. - 4 - HC-KAR NC: 2025:KHC-D:17322 WP No. 102311 of 2016 2. The petitioner No.1 was appointed in the year 1990, petitioner No.2 in the year 1997 and petitioner Nos.3 to 7 in the year 2007 at the private aided Urdu Primary School as teachers in the respective discipline. The petitioners have retired on attaining the age of superannuation. Pension is not paid to the petitioners on the score that they have not completed the requisite qualifying service for the purpose of consideration of their cases for pension on the ground that at the time when the petitioners joined the institutions the school was yet to get itself admitted to grants at the hands of the State, therefore, the pension is not granted. In all identical cases, the Co-ordinate Benches of this Court and this Court have in umpteen number of cases directed that the period spent by the petitioners during the time in which the aid was not granted to the said institution should be reckoned for the purpose of pension and not any other benefits. The said finding has attained finality by the judgment of the Apex Court dismissing the SLP filed by the State in SLP Nos.22176-22186/2010 on 21.08.2013. 3. In that light, the petition deserves to succeed by a mandamus directing the State to re-fix the pensionary benefits - 5 - HC-KAR NC: 2025:KHC-D:17322 WP No. 102311 of 2016 to the petitioners taking the service that they have rendered in the institutions during the period in which the institutions were yet to get itself admitted to grant-in-aid. The action shall be taken within 4 months from the date of receipt of the copy of the order. Any information required from the hands of the petitioners shall be solicited from their hands by the State. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE Kmv CT:ANB