- 1 - HC-KAR NC: 2025:KHC:53774-DB WA No. 300 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF DECEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT APPEAL NO. 300 OF 2025 (S-RES) BETWEEN: SMT. SOBANA S W/O. SAMABASIVAN, AGED ABOUT 71 YEARS, R/AT NO.79, MEERA, 5TH CROSS, TANK ROAD, N R MOHALLA, MYSORE-570 007. …APPELLANT (BY SRI. K.N.NITISH, ADVOCATE FOR SRI. K. V. NARASIMHAN, ADVOCATE) AND: 1. STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HIGHER EDUCATION, M.S. BUILDING, BANGALORE-560 001. 2. CHIEF ADMINISTRATIVE OFFICER SRI. KAGINELE MAHASAMSTHANA KANAKA, GURUPEETHA COLLEGE OF EDUCATION, BELAGURU VILLAGE, HOSADURGA TALUK, CHITRADURGA DISTRICT-577 527. 3. PRESIDENT SRI. KAGINELE MAHASAMSTHANA KANAKA, GURUPEETHA TRUST, KAGINELE, BYADAGI TALUK, HAVERI DISTRICT. - 2 - HC-KAR NC: 2025:KHC:53774-DB WA No. 300 of 2025 4. SECRETARY SRI. KAGINELE MAHASAMSTHANA KANAKA, GURUPEETHA COLLEGE OF EDUCATION, OPPOSITE TO RMP QUARTERS, ADICHUNCHANGIRI ROAD, KUVEMPU NAGAR, MYSORE-570 023. 5. UNIVERSITY OF MYSORE BY ITS REGISTRAR, CRAWFORD BHAVAN, MYSORE-570 005. 6. NATIONAL COUNCIL FOR TEACHER EDUCATION BY ITS REGIONAL DIRECTOR, SOUTHERN REGIONAL COMMITTEE, OPPOSITE NATIONAL LAW SCHOOL, JNANABHARATHI CAMPUS, BANGALORE-560 071. 7. UNIVERSITY GRANTS COMMISSION BAHADUR SHAH ZAFAR MARG, NEW DELHI - 110002, BY ITS SECRETARY. 8. UNION OF INDIA BY ITS SECRETARY, MINISTRY OF HUMAN RESOURCES DEVELOPMENT, GOVERNMENT OF INDIA, SHASTRI BHAWAN, NEW DELHI-110 002. …RESPONDENTS (BY SRI. MOHAMMED JOFFAR SHAH, AGA FOR R1; MS. M.V.ASHWINI, ADVOCATE FOR SRI. M.V.VEDAMURTHY, ADVOCATE FOR R2-R4; SRI. B.PRAMOD, CGC FOR R8) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO ALLOW THIS APPEAL AND SET ASIDE THE ORDER OF THE LEARNED SINGLE JUDGE PASSED IN WP NO.4322/2017 DATED 20/12/2024 AND ETC. - 3 - HC-KAR NC: 2025:KHC:53774-DB WA No. 300 of 2025 THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MS. JUSTICE TARA VITASTA GANJU ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) The present appeal has been filed impugning the judgment and order dated 20.12.2024 passed in WP.No.4322/2017 by the appellant herein. 2. The parties are referred to as per their rankings in the writ appeal. 3. This appeal arises from the judgment in the writ petition filed by the petitioner, a former lecturer. 4. The petitioner was appointed as a lecturer on a temporary basis in respondent No. 2-College on 24.12.1997, at a fixed monthly salary of Rs. 2,500/-. At the time, the college was a private institution not receiving any grant-in-aid from the Government. The petitioner's - 4 - HC-KAR NC: 2025:KHC:53774-DB WA No. 300 of 2025 appointment was approved by respondent No. 5-University vide order dated 30.06.2003. 5. She continued in service until attaining the age of superannuation in November 2012. Notably, the college was brought under the grant-in-aid scheme only in December 2012, one month after her retirement. 6. The petitioner filed a writ petition in 2017, seeking retirement benefits under the grant-in-aid scheme and payment of salary difference as per NCTE norms. 7. The learned Single Judge, in the impugned judgment, held that there was a considerable and unexplained delay in raising the claim, coupled with a failure to substantiate it with relevant records. On these grounds, the Court declined to grant the reliefs sought. 8. We find no error in this conclusion. The college was a private, unaided institution throughout the petitioner's tenure. Her appointment on a fixed salary was a private contractual arrangement with the college - 5 - HC-KAR NC: 2025:KHC:53774-DB WA No. 300 of 2025 management, without any involvement of the State or its authorities in determining her terms of service. The petitioner raised no grievance regarding her pay or benefits during her entire service, which spanned approximately 15 years. It was only in 2017, five years after her retirement that she lodged the present claim. 9. As the petitioner was employed in a private, non-aided institution until her retirement, she cannot retrospectively claim the benefits of the grant-in-aid scheme, which became applicable only after she had demitted office. Furthermore, a claim for salary arrears as per NCTE norms cannot be sustained against a private employer for a period when no such statutory liability was incumbent upon it. 10. In view of the foregoing, we concur with the reasoning of the learned Single Judge. The writ petition was rightly dismissed, and no case for interference is made out. - 6 - HC-KAR NC: 2025:KHC:53774-DB WA No. 300 of 2025 11. Accordingly, the appeal is dismissed. (D K SINGH) JUDGE (TARA VITASTA GANJU) JUDGE TIN List No.: 1 Sl No.: 7 Digitally signed by DINESH KUMAR SINGH Location: HIGH COURT OF KARNATAKA Digitally signed by TARA VITASTA GANJU Location: HIGH COURT OF KARNTAKA