- 1 - NC: 2025:KHC-D:13 WP No. 105965 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 6TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO.105965 OF 2024 (S-RES) BETWEEN: DATTATRAYA S/O. TIMMAIAH HEGDE, AGED: 84 YEARS, OCC: RETIRED TEACHER, R/O: SONDA MATADEVALA, TQ: SIRSI, DIST: UTTARA KANNADA – 581 336. …PETITIONER (BY SRI VISHWANATH HEGDE, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY ITS SECRETARY, DEPARTMENT OF FINANCE, M. S. BUILDING, BENGALURU – 01. 2. SECRETARY,SCHOOL EDUCATION AND LITERACY DEPARTMENT STATE OF KARNATAKA, M. S. BUILDING, BENGALURU – 01. 3. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS, SIRSI EDUCATION DISTRICT, SIRSI, DIST: UTTARA KANNADA – 581 401. 4. THE ACCOUNTANT GENERAL A AND C, STATE OF KARNATAKA, P B 5369, RESIDENCY PARK ROAD, BENGALURU – 560 001. …RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1 TO R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, DECLARE THAT THE PETITIONER IS ENTITLED TO SIMILAR RELIEF ON PAR WITH THE SIMILARLY PLACED PERSONS IN W.A.NO.2476/2015 AND OTHER CONNECTED MATTERS PENDING BEFORE DIVISION BENCH OF Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka - 2 - NC: 2025:KHC-D:13 WP No. 105965 of 2024 HON’BLE HIGH COURT OF KARNATAKA. ISSUE WRIT OF MANDAMUS TO THE RESPONDENTS TO CONSIDER THE PETITIONER’S REPRESENTATION DATED 17-10-2022 MARKED AT ANNEXURE-A IN THE INTEREST OF JUSTICE AND ETC., 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: i. To declare that the petitioner is entitled to similar relief on par with the similarly placed persons in W.A.No.2476/2015 and other connected matters pending before division bench of Hon’ble High Court of Karnataka. ii. Issue writ of Mandamus to the respondents to consider the petitioner’s representation dated 17- 10-2022 marked at ANNEXURE-A in the interest of justice. iii. Grant such other relief as this Hon’ble deems fit in the interest of justice. 2. The Coordinate Bench of this Court answering similar claim in a judgment reported in ILR 2015 Kar 5236 in the case of Dr. (Ms) B.K.Naik Vs.State of Karnataka, Ministry of Law and Parliamentary Affairs and others has granted the benefit to similarly - 3 - NC: 2025:KHC-D:13 WP No. 105965 of 2024 placed teacher. The operative portion of the order of the Coordinate Bench reads as follows: “(i) Writ Petitions are hereby allowed. (ii) The Karnataka Private Aided Educational Institutions Employees (Regulation of Pay, Pension and Other Benefits) Act, 2014 (Karnataka Act No.07/2014) is hereby struck down as ultra vires of Constitution of India as it is opposed to Article 14 of Constitution of India and also encroaches upon the judicial powers of the Courts as discussed herein above. (iii) Respondent - State shall continue to pay salary or pension as the case may be, to petitioners and similarly placed persons as was being paid pursuant to its earlier orders or in other words, as it was being paid prior to impugned enactment. OR Respondent-State shall comply with the directions already issued by this Court extending the monetary benefits and treating the petitioners working in Private Aided Educational Institutions on par with the employees working in Government Institutions. (iv) In the event of respondent State having recovered any amount's pursuant to the impugned enactment, same is hereby ordered to be refunded to the respective petitioner/s by the State expeditiously, at any rate within eight weeks from the date of receipt of certified copy of this order. (v) No order as to costs. Ordered accordingly.” - 4 - NC: 2025:KHC-D:13 WP No. 105965 of 2024 3. The learned HCGP would submit that the writ appeal is preferred against the said order, which is pending consideration at the hands of the Division Bench. 4. In that light, subject to the outcome of the writ appeal, I deem it appropriate to direct the petitioner to become entitle to the benefits in Writ Appeal No.2476/2015 and connected cases. For the aforesaid reasons, the following: ORDER i. Petition is allowed. ii. A mandamus is issued to the respondents to consider the petitioner’s representation dated 17.10.2022 and pass necessary orders in accordance with law within three months from the date of receipt of copy of this order. Sd/- (M.NAGAPRASANNA) JUDGE KGK/CT-ASC List No.: 1 Sl No.: 44