- 1 - HC-KAR NC: 2025:KHC:50479 WP No. 3321 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 3321 OF 2022 (S-RES) BETWEEN: SRI B JAYADEVAPPA S/O LATE BASAPPA AGED ABOUT 65 YEARS RETIRED PRINCIPAL UNIVERSITY SRIMAD RAMBAPURI FIRST GRADE COLLEGE SHANKARAGHATTA BHADRAVATHI TALUK-577245 SHIVAMOGGA DISTRICT R/AT BANASHANKARI NILAYA GALIHALLI CROSS NEAR KRISHNA CONVENT, TARIKERE CHIKKAMAGALORE DISTRICT …PETITIONER (BY SRI. M.D.KRUPESH, ADV. FOR SRI. PADMANABHA R, ADV.) AND: Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:50479 WP No. 3321 of 2022 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF HIGHER EDUCATION M S BUILDING DR AMBEDKAR VEEEDHI BENGALURU-560001. 2. THE COMMISSIONER FOR COLLEGIATE EDUCATION PALACE ROAD BENGALURU-560001. 3. THE REGIONAL JOINT DIRECTOR DEPARTMENT OF COLLEGIATE EDUCATION SHIVAMOGGA DIVISION SHIVAMOGGA-572201. 4. ACCOUNTANT GENERAL (A AND E) PARK HOUSE ROAD BENGALURU-560001 5. THE REGISTRAR (ADMINISTRATION) KUVEMPU UNIVERSITY SHANKARAGHATTA BHADRAVATHI TALUK-577245 SHIVAMOGGA DISTRICT. …RESPONDENTS (BY SMT. B.P.RADHA, AGA FOR R1 TO R4, SRI. S.V.PRAKASH, ADV. FOR R5) - 3 - HC-KAR NC: 2025:KHC:50479 WP No. 3321 of 2022 THIS WP FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO RECKON AND COUNT THE PAST SERVICE RENDERED BY THE PETITIONER FROM THE DATE OF HIS INITIAL APPOINTMENT UP TO TE DATE OF APPROVAL OF HIS APPOINTMENT WITH AID FOR THE PURPOSE OF FIXATION OF PAY SCALE, SENIORITY, INCREMENTS INCLUDING TBA, PENSIONARY BENEFITS AND OTHER CONSEQUENTIAL SERVICE AND MONITORY BENEFITS FLOWING THEREOF BY DISPOSING THE PRESENT PETITION IN TERMS OF THE ORDER DATED 16.08.2010 PASSED IN W.P.NO.25447 OF 2010 WHICH IS AFFIRMED BY THE DIVISION BENCH OF THIS HONBLE COURT IN W.A.NO.4788 OF 2010 DATED 22.09.2011 AND HONBLE SUPREME COURT IN SLP (CIVIL) CC NO.7365 OF 2012 DATED 02.07.2012, W.P.NO.11299-11306/2013 DISPOSED OF ON 30.07.2013 AND W.P.NO.29293-94/2013 DISPOSED OF ON 16.07.2013 VIDE ANNEXURE-L, M, N, R AND S RESPECTIVELYPOST THIS W.P. FOR PRELIMINARY HEARING BEFORE SINGLE JUDGE. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: *** - 4 - HC-KAR NC: 2025:KHC:50479 WP No. 3321 of 2022 CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER The petitioners have filed this petition seeking the following prayers: "a) Issue a writ in the nature of mandamus directing the respondents to reckon and count the past service rendered by the petitioner from the date of his initial appointment up to the date of approval of his appointment with aid for the purpose of fixation of pay scale, seniority, increments including TBA, Pentionary benefits and other consequential service and monitory benefits flowing thereof by disposing the present petition in terms of the order dated 16.08.2010 passed in W.P.No.25447/2010 which is affirmed by the Division Bench of this HOn'ble Court in W.A.No.4788/2010 dated 22.09.2011 and Hon'ble Supreme Court in SLP (Civil) CC No.7365/2012 dated 02.07.2012, W.P.No.11299- 11306/2013 disposed of on 30.07.2013 and W.P.No.29293-94/2013 disposed of on 16.07.2013 vide Annexure-L, M, N, R and S respectively; b) Issue such other orders, directions as deemed fit in the circumstances of the case and allow this writ petition with exemplary costs, in the interest of justice. - 5 - HC-KAR NC: 2025:KHC:50479 WP No. 3321 of 2022 2. Heard the learned counsel for the petitioner and also the learned Additional Government Advocate for respondent Nos.1 to 4. 3. The petitioner was appointed in various cadre of his respective School/College, which is private headed educational institutions, to both teaching and non-teaching posts. The petitioner was admitted to grant-in-aid in terms of his respective government order. 4. The learned counsel for the petitioner contends that the claim is covered in terms of the order dated 16.08.2010 passed by this Court in W.P.No.25447/2010, order dated 22.09.2011 passed in W.A.No.4788/2010, and order dated 02.07.2012 passed in Special Leave to Appeal (Civil) CC No.7365/2012. Hence, prays to dispose off the writ petition in terms of the orders passed by this Court in W.P.No.25447/2010. 5. Per contra, learned Additional Government Advocate appearing for the State would accept that the - 6 - HC-KAR NC: 2025:KHC:50479 WP No. 3321 of 2022 matter is covered by the aforesaid judgments, but submits that the matter is pending before the learned Division Bench in W.A.No.2476/2015 and connected matters. Hence, the order to be passed in this writ petition shall be subject to the outcome of W.A.No.2476/2015 and connected matters. Hence, he prays to dispose off the writ petition. 6. Perused the records and considered the submissions of the learned counsel for the parties. 7. The claim made by the petitioner is squarely covered by the order passed by this Court in W.P.No.25447/2010 disposed off on 16.08.2010, which was confirmed by the Division Bench in W.A.No.4788/2010 vide order dated 22.09.2011. The order passed by the learned Single Judge and the Division Bench was confirmed by the Hon’ble Apex Court in Special Leave to Appeal (Civil) CC No.7365/2012 disposed off on 06.12.2012. The Co-ordinate Bench considering the orders - 7 - HC-KAR NC: 2025:KHC:50479 WP No. 3321 of 2022 passed in the writ petition, writ appeal and SLP, has passed the order. The petitioner is similarly situated and the issue raised is squarely covered by the order passed by the Co-ordinate Bench of this Court in the W.P.No.25447/2010. 8. Accordingly the writ petition stands disposed off in terms of the order passed in W.P.No.25447/2010 with a direction to consider the case of the petitioner in accordance with law after due verification of credentials and their entitlement, for the reason that the petitioner need not knock the doors of this Court again, in the event, the pending writ appeal before the Division Bench is in favour of the petitioner therein who are identically placed as the petitioner herein. Sd/- (ASHOK S.KINAGI) JUDGE SSB