- 1 - HC-KAR NC: 2025:KHC:33732 WP No. 12178 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 12178 OF 2023 (S-RES) BETWEEN: SMT. LAKSHMI DEVI W/O LATE SRI YELLAPPA Y AGED ABOUT 29 YEARS R/O NEAR THIMMAPPA TEMPLE BELAGHATTA, VANIVILASAPURA HIRIYUR, CHITRADURGA-577599. …PETITIONER (BY SRI. M V HIREMATH., ADVOCATE) AND: 1. SRI.GAVI RANGANATHASWAMY SAHAKARA VIDYA SAMSTHE CO-OPERATIVE SOCIETY REGISTERED UNDER KARNATAKA REGISTRATION ACT 1960 GAVI RANGAPURA HOSADURGA TALUK CHITRADURGA-577527 REP BY ITS PRESIDENT SRI R CHIRANJEEVI R/O STADIUM ROAD PRASHANTH NAGAR CHITRADURGA-577501. 2. THE HEAD MASTER SRI GAVI RANGANATHASWAMY HIGH SCHOOL GAVI RANGAPURA HOSADURGA TALUK CHITRADURGA-577527. 3. THE SECRETARY II GOVERNMENT OF KARNATAKA Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33732 WP No. 12178 of 2023 DEPARTMENT OF EDUCATION MS BUILDING, BENGALURU-560001. 4. THE DIRECTOR (SECONDARY EDUCATION), OFFICE OF THE DEPARTMENT OF PUBLIC INSTRUCTIONS NRUPATHUNGA ROAD BENGALURU-560001. 5. THE DEPUTY DIRECTOR DEPARTMENT OF PUBLIC INSTRUCTIONS CHITRADURGA-577501. 6. THE BLOCK EDUCATION OFFICER HOSADURGA TALUK HOSADURGA-577527. …RESPONDENTS (BY SRI. SIDHARTH BABU RAO, FOR R3 TO R6: R1 & R2 IS SERVED ) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THE ORDER DATED: 08.04.2022 IN NO. ED 05 SEW 2021 ISSUED BY R-3 AS PER ANNEXURE-R IN SO FAR AS IT RELATES TO THE EXCLUSION OF THE NAME OF THE PETITIONER’S HUSBAND SRI Y YELLAPPA AS ASST. KANNADA LANGUAGE TEACHER OF R-2 HIGH SCHOOL FOR SALARY GRANT AS VOID AND NOT BINDING ON THE PETITIONER AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER This writ petition is filed under Articles 226 & 227 of the Constitution of India, seeking the following reliefs: “(a) To declare the order dated 08.04.2022 in No.ED 05 SEW 2021 issued by respondent No.3 as - 3 - HC-KAR NC: 2025:KHC:33732 WP No. 12178 of 2023 per Annexure-R in so far as it relates to the exclusion of the name of the petitioner’s husband Sri Y.Yellappa as Assistant Kannada Language Teacher of respondent No.2 High School for salary grant as void and not binding on the petitioner. (b) To direct the respondent Nos.3 to 6 to consider the claim of the petitioner for the release of the salary grant due in the name of her husband Sri Y.Yellappa from 01.03.2019 till 17.05.2021 as per the representation dated 14.03.2023 as per Annexure-P in terms of the order dated 08.04.2022 in No.ED 5 SEW 2021 as per Annexure-R.” 2. The case of the petitioner is that, her husband – Y.Yellappa was appointed as an Assistant Teacher in Kannada at the second respondent – Institution. The said Institution has been admitted to grant-in-aid on 01.03.2019 as per Annexure-F, including the post held by the petitioner’s husband. Thereafter, by order dated 16.09.2019 the grant-in-aid granted on 01.03.2019 was withdrawn. Being aggrieved by the same, the Management approached this Court in W.P.No.1079/2021. - 4 - HC-KAR NC: 2025:KHC:33732 WP No. 12178 of 2023 This Court disposed of the said writ petition on 12.02.2021, quashing the order dated 16.09.2019. 3. Thereafter, by order dated 08.02.2022, the grant- in-aid granted to the Institution was restored from 01.03.2019. In the meantime, the petitioner’s husband died on 17.05.2021. Therefore, the name of the petitioner’s husband was not included in the order dated 08.02.2022. Being aggrieved by the same, the petitioner is before this Court. 4. When the second respondent – Institution was admitted to the grant-in-aid by order dated 01.03.2019 (Annexure-F) the name of the petitioner’s husband was included. The same has been withdrawn on 16.09.2019 on the ground that there is no recognition to the Institution and minimum number of students were not admitted from the year 2015. Being aggrieved by the withdrawal of the grant-in-aid, the Management has filed a writ petition before this Court in W.P.No.1079/2021. This - 5 - HC-KAR NC: 2025:KHC:33732 WP No. 12178 of 2023 Court, by order dated 12.02.2021 allowed the said writ petition. The operative portion of the order is extracted below: “7. Consequently, the impugned order dated 16.09.2019 is hereby quashed and set aside. The respondent State Government, Department of Education is required to reconsider the continuation of the grant-in-aid which was given to the petitioner institution by order dated 01.03.2019, having regard to the observations made herein above. The authorities are at liberty to call for any documents or information from the petitioner institution. The decision regarding continuation of the grant-in-aid in terms of the order dated 01.03.2019 shall be considered and a decision in this regard shall be taken by the Department of Education, Government of Karnataka, as expeditiously as possible and at any rate within a period of two months from the date of receipt of certified copy of this order.” 5. After disposal of the writ petition, after verifying the original records of the Institution and report of the 3 Members Committee, the grant-in-aid granted to the - 6 - HC-KAR NC: 2025:KHC:33732 WP No. 12178 of 2023 Institution, including the teachers, dated 01.03.2019 has been restored and a direction was issued to give financial benefits from 01.03.2019. From the date of withdrawing the grant-in-aid, i.e., 16.09.2021, till the death of the petitioner’s husband, i.e., on 17.05.2021 the petitioner’s husband was working as an Assistant Teacher. In view of restoration of the earlier order dated 01.03.2019, the petitioner is entitled to monetary benefit for the period from 01.03.2019 till 17.05.2021. By the impugned order , the respondent has denied the monetary benefit to the petitioner on the ground that her husband died before passing the order on 08.04.2022. The same is without verifying the materials available on record. To that extent, the matter requires to be remitted back to the fifth respondent. 6. In view of the above, the following order is passed: (i) The writ petition stands disposed of. - 7 - HC-KAR NC: 2025:KHC:33732 WP No. 12178 of 2023 (ii) The matter is remitted back to the fifth respondent to reconsider the case of the petitioner and pass appropriate orders as to whether the petitioner is entitled to the monetary benefits from 01.03.2019 till the death of her husband, i.e., 17.05.2021, in accordance with law, as expeditiously as possible, not later than three months from the date of receipt of a copy of this order. (iii) In view of disposal of the petition, all pending applications stand disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM LIST NO.: 1 SL NO.: 39