- 1 - HC-KAR NC: 2025:KHC-D:14867 WP No. 103066 of 2023 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 3RD DAY OF NOVEMBER 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 103066 OF 2023 (S-RES) BETWEEN: SRI. SHIVANAGOUDA B. VEERANAGOUDRA, AGED ABOUT 62 YEARS, RETIRED LECTURER IN GEOGRAPHY, SARVODAYA EDUCATIONAL INSTITUTIONS JUNIOR COLLEGE, SHIROL, TQ. NARAGUND, DIST. GADAG 582207 …PETITIONER (BY SRI. P. G. CHIKKANARAGUND, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF LAW AND PARLIMENTARY AFFAIRS, VIDHANA SOUDHA, BENGALURE – 560 001. 2. THE PRINCIPAL SECRETARY, GOVERNMENT OF KARNATAKA, DEPARTMENT OF EDUCATION, HIGH SECONDARY, M S BUILDING, BANGALORE – 560 001. 3. THE DIRECTOR, PRE-UNIVESITY BOARD, MALLESHWARAM, BANGALORE – 560 055. 4. THE ACCOUNTANT GENERAL IN KARNATAKA, PARK ROAD, BANGALORE – 560 001. …RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR RESPONDENTS) Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:14867 WP No. 103066 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THE PROVISIONS OF SECTION 3(1) AND (2) OF THE KARNATAKA PRIVATE AIDED EDUCATIONAL INSTITUTES EMPLOYEES (REGULATION OF PAY, PENSION AND OTHER BENEFITS) ACT 2014 (KARNATAKA ACT 7 OF 2014) DATED 12.02.2014 in ¸ÀA.ªÀå.±Á.E.60,±Á£À 2013 ¨ÉAUÀ¼ÀÆgÀÄ VIDE ANNEXURE-E PASSED BY THE 1ST RESPONDENT AS UNCONSTITUTIONAL AND CONSEQUENTLY STRUCK DOWN THE SAID PROVISIONS AS ULTRA VIRUS OF THE CONSTITUTION OF INDIA. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court seeking the following prayer: “A. Declare the provisions of Section 3(1) and (2) of the Karnataka Private Aided Educational Institutes Employees (Regulation of Pay, Pension and other Benefits) act 2014 (Karnataka Act 7 of 2014) dated 12.02.2014 in ¸ÀA.ªÀå.±Á.E.60,±Á£À 2013 ¨ÉAUÀ¼ÀÆgÀÄ vide Annexure-E passed by the 1st respondent as unconstitutional and consequently struck down the said provisions as ultra virus of the Constitution of India. B. Issue any other order or direction as this Hon’ble court deems fit, just and proper under the facts and circumstances of the case and allow the petitioner with exemplary costs, in the interest of justice and equity.” 2. Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent- State. - 3 - HC-KAR NC: 2025:KHC-D:14867 WP No. 103066 of 2023 3. The petitioner is appointed as a lecturer on 08.06.1990 in the discipline of Geography by the Management. The Institute, at the time when the petitioner was appointed, was not admitted to grant at the hands of the State. It comes about on 04.03.2008. The issue is whether the petitioner would be entitled to all service and terminal benefits in terms of the terminal benefits for the period between 08.06.1990 to 04.03.2008 is the question that the learned counsel for the petitioner seeks to project. 4. The issue need not detain this Court for long or delve deep into the matter, as the Act upon which the State is placing reliance upon to deny the terminal benefits, has been held to be unconstitutional by a Co-ordinate Bench of this Court in the case of Dr.(Ms.) B.K. Naik v. State of Karnataka1 against which writ appeals are pending. In the writ appeals there are certain orders passed that the terminal benefits be granted to all these employees subject to the result of the appeal. 1 2015 Scc Online Kar 8699 - 4 - HC-KAR NC: 2025:KHC-D:14867 WP No. 103066 of 2023 5. In the light of the said circumstance, the petitioner becomes entitled to a direction at the hands of this Court to the respondent's State to consider his case in terms of consideration that has met to all who are similarly circumstanced. In the light of the Act being held unconstitutional, the petitioner shall now submit a representation seeking those benefits and the State shall consider the same in accordance with law, I mean, the order passed by the Co-ordinate Bench and the directions issued by the Division Bench. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE kmv CT-ASC