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2026 DAILYLAW 30601 (KAR)

SRI SRIDHARA S B v. THE STATE OF KARNATAKA

WP/16990/2026 · 2026-07-22

Ashok S Kinagi

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010375932026 NC: 2026:KHC:37913 WP No. 16990 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 16990 OF 2026 (S-RES) BETWEEN: 1. SRI SRIDHARA S B S/O LATE BANDAIAH G AGED ABOUT 62 YEARS RETIRED LECTURER IN PHYSICS NALANDA NATIONAL PRE-UNIVERSITY COLLEGE. PIPE LINE ROAD, WOC ROAD, JAYACHAMARAJANAGAR, MAHALAKSHMIPURAM BANGALORE-560086 R/AT NO. 195/3A, 2ND CROSS, BUDDHA JYOTHI LAYOUT, CHIKKABIDARAKALLU NAGASANDRA POST BENGALURU-560073 2. SRI K C SHANKAR S/O LATE CHIKKAPPAIAH AGED ABOUT 67 YEARS R/AT NO.811/749, WARD NO.17, KOTE BEHIND CHANNAKESAVASWAMY TEMPLE CHIKKABALLAPURA-562101 REPRESENTING THE DECEASED EMPLOYEE SMT C.V MANJULA 3. SRI ANIL KUMAR S/O LATE MALLIKARJUNA Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010375932026 NC: 2026:KHC:37913 WP No. 16990 of 2026 AGED ABOUT 51 YEARS WORKING AS PHYSICAL EDUCATION TEACHER SRI MAHANTESHWARA HIGHER PRIMARY SCHOOL, MAHAGOAN, KAMALAPUR TALUK KALABURAGI DISTRICT-585316 4. SMT. SHAILAJA D/O LATE SIDDARAMAYYA AGED ABOUT 42 YEARS WORKING AS ASSISTANT TEACHER SRI MAHANTESHWARA HIGHER PRIMARY SCHOOL, MAHAGOAN, KAMALAPUR TALUK KALABURAGI DISTRICT-585316 5. SRI SANJEEV S/O LATE MAHANTAPPA AGED ABOUT 44 YEARS WORKING AS ASSISTANT TEACHER SRI MAHANTESHWARA HIGHER PRIMARY SCHOOL, MAHAGOAN, KAMALAPUR TALUK KALABURAGI DISTRICT-585316 6. SRI SUBHASHCHANDRA S/O LATE MONAPPA AGED ABOUT 57 YEARS WORKING AS ASSISTANT TEACHER SRI MAHANTESHWARA HIGHER PRIMARY SCHOOL, MAHAGOAN, KAMALAPUR TALUK KALABURAGI DISTRICT-585316 7. SRI HUGAR SIDDAPPA S/O LATE HUGAR KALLAPPA AGED ABOUT 62 YEARS RETIRED ASSISTANT TEACHER, SEVANIKETHANA HIGHER PRIMARY SCHOOL MASHAL, AFZALPUR TALUK KALABURAGI DISTRICT-585217 8. SRI SUBHASH S/O LATE REVANASIDDA KOLI - 3 - HC-KAR CNR: KAHC010375932026 NC: 2026:KHC:37913 WP No. 16990 of 2026 AGED ABOUT 53 WORKING AS PEON, MATHOSREE MANORAMA MADHWARAJA HIGH SCHOOL, AFZALPURA, KALABURAGI DISTRICT-585301 …PETITIONERS (BY SRI. PADMANABHA.R., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF HIGHER EDUCATION M.S BULDING, DR. AMBEEDKAR VEEDHI BENGALURU 560 001 2. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF SCHOOL EDUCATION AND LITERACY M.S BULDING, DR. AMBEEDKAR VEEDHI BENGALURU 560 001 3. THE COMMISSIONER FOR COLLEGIATE EDUCATION PALACE ROAD BENGALURU 560 001 4. THE COMMISSIONER FOR PUBLIC INSTRUCTIONS, DEPARTMENT OF SCHOOL EDUCATION AND LITERACY, NRUPATHUNGA ROAD, BENGALURU 560 001 5. THE ADDITIONAL COMMISSIONER DEPARTMENT OF SCHOOL EDUCATION AND LITERACY, KALABURAGI-585101 - 4 - HC-KAR CNR: KAHC010375932026 NC: 2026:KHC:37913 WP No. 16990 of 2026 6. THE DIRECTOR DEPARTMENT OF COLLEGIATE EDUCATION PALACE ROAD BENGALURU 560 001 7. THE DIRECTOR FOR PUBLIC INSTRUCTIONS, DEPARTMENT OF SCHOOL EDUCATION AND LITERACY, NRUPATHUNGA ROAD, BENGALURU 560 001 8. THE ADDITIONAL DIRECTOR DEPARTMENT OF SCHOOL EDUCATION AND LITERACY, KALABURAGI-585101 9. THE REGIONAL JOINT DIRECTOR, KALIDASA ROAD. GANDHI NAGARA BENGALURU-560001 10. THE DEPUTY DIRECTOR FOR PUBLIC INSTRUCTIONS DEPARTMENT OF SCHOOL EDUCATION AND LITERACY KALABURAGI-585101 11. ACCOUNTANT GENERAL (A AND E) IN KARNATAKA, PARK HOUSE, PALACE ROAD, BENGALURU 560 001. …RESPONDENTS (BY SRI. G RAMESH NAIK, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO I) ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS TO RECKON AND COUNT THE PAST SERVICE RENDERED BY THE PETITIONERS AND SERVICE - 5 - HC-KAR CNR: KAHC010375932026 NC: 2026:KHC:37913 WP No. 16990 of 2026 RENDERED BY THE WIFE OF PETITIONER NO.2 FROM THE DATE OF THEIR INITIAL APPOINTMENTS UP TO THE DATE OF APPROVAL OF THEIR APPOINTMENT WITH AID FOR THE PURPOSE OF FIXATION OF PAY SCALE, SENIORITY, INCREMENTS INCLUDING TBA, PENSIONARY BENFITS AND OTHER CONSEQUENTIAL SERVICE AND MONITORY BENEFITS FLOWING THEREOF BY DISPOSING THE PRESENT PETITIONS IN TERMS OF THE ORDER DTD 31.01.2022 PASSED IN WP.NO.724/2022, ORDER DTD 28.06.2023 PASSED IN WP NO.12310/2022 AND ORDER DTD 09.11.2020 PASSED IN WP NO.43017/2018 VIDE ANNX-F, G AND H. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER 1. The petitioners have filed this writ petition seeking following relief: “issue a writ in the nature of mandamus directing the respondents to reckon and count the past service rendered by the petitioners and service rendered by the wife of petitioner No.2 from the date of their initial appointments up to the date of approval of their appointment with aid for the purpose of fixation of pay scale, seniority, increments including TBA, pensionary benefits and other - 6 - HC-KAR CNR: KAHC010375932026 NC: 2026:KHC:37913 WP No. 16990 of 2026 consequential service and monitory benefits flowing thereof by disposing the present petitions in terms of the order dated 31.01.2022 passed in WP.No.724/2022, order dated 28.06.2023 passed in WP No.12310/2022 and order dated 09.11.2020 passed in W.P. No.43017/2018 vide Annexures-F, G And H.” 2. The grievance of the petitioners is in regard to the reckoning and counting of the past service rendered by the petitioners and service of the wife of petitioner No.2, from the date of their initial appointments, till their appointment is approved by the competent authority. 3. Accordingly, the petitioners have sought for identical orders passed by this Court in the case of Smt. P.C. Geetha and others v. State of Karnataka and - 7 - HC-KAR CNR: KAHC010375932026 NC: 2026:KHC:37913 WP No. 16990 of 2026 others1 and in the case of R.G.Krishnaiah and another vs. State of Karnataka and others2. 4. Heard the learned counsel for the petitioners and learned Additional Government Advocate for the respondents-State. 5. Learned counsels for the parties jointly submit that an order may be passed in terms of the orders passed by the Co-ordinate Bench of this Court in the cases referred supra. 6. Having heard the learned counsel for the parties and taking into consideration the averments made in the memorandum of writ petition, it is not in dispute that the petitioners are working as teaching and non- teaching staff in the private aided institutions. The issue involved in this writ petition is considered by 1 W.P. No.24492 of 2021 decided on 24.01.2022 2 W.P. No.3487 of 2022 decided on 16.02.2022 - 8 - HC-KAR CNR: KAHC010375932026 NC: 2026:KHC:37913 WP No. 16990 of 2026 this Court in the case of B.D.Veerabhadrappa and others vs. State of Karnataka and others3. 7. Accordingly, in terms of the judgment rendered by this Court in the aforesaid writ petition, the instant writ petition is also disposed of. Sd/- (ASHOK S.KINAGI) JUDGE RK List No.: 1 Sl No.: 56 3 W.P. No.43017 of 2018 decided on 09.11.2020.