- 1 - HC-KAR CNR: KAHC010522632024 NC: 2026:KHC:47281 WP No. 25555 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 25555 OF 2024 (S-R) BETWEEN: SRI. K.S.DAYANANDASWAMY, S/O. LATE SIDDARAMANNA. K, AGED ABOUT 62 YEARS, RETIRED ASSIST TEACHER, SRI. MADAKARI HIGH SCHOOL, K. SHETTAHALLI, KARADAKERE POST, MADDUR TALUK, MANDYA DISTRICT, R/AT KODIHALLI, KESTUR POST, TUMKUR TALUK, TUMKUR DISTRICT. …PETITIONER (BY SRI. THYAGARAJA S., ADVOCATE) AND: 1. THE PRINCIPAL SECRETARY, DEPARTMENT OF SCHOOL EDUCATION AND LITERACY, M.S. BUILDING, DR. AMBEDKAR VEEDHI, BANGALORE – 560 001. 2. THE COMMISSIONER, DEPARTMENT OF SCHOOL EDUCATION AND LITERACY, Digitally signed by VARSHA N RASALKAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010522632024 NC: 2026:KHC:47281 WP No. 25555 of 2024 NRUPATHUNGA ROAD, BANGALORE – 560 001. 3. THE DIRECTOR (SECONDARY EDUCATION), DEPARTMENT OF SCHOOL EDUCATION AND LITERACY, NRUPATHUNGA ROAD, BANGALORE – 560 001. 4. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS, MANDYA DISTRICT, MANDYA – 571 401. 5. THE BLOCK EDUCATION OFFICER, DEPARTMENT OF SCHOOL EDUCATION AND LITERACY, MADDURU TALUK, MANDYA DISTRICT – 571 428. 6. THE ACCOUNTANT GENERAL (A AND E) IN KARNATAKA, PARK HOUSE ROAD, BENGALURU – 560 001. 7. THE SECRETARY, SRI MADAKARI EDUCATION SOCIETY (R), OBALAPURA, SHIVAPURA POST, HAGALAVADI HOBLI, GUBBI TALUK, TUMKURU DISTRICT - 572 222. …RESPONDENTS (BY SRI.G.RAMESH NAIK, AGA FOR R1 – R6; R7 SERVED) - 3 - HC-KAR CNR: KAHC010522632024 NC: 2026:KHC:47281 WP No. 25555 of 2024 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO i) QUASH THE LETTER BEARING NO.C7(C4).AA.SHA.NIVRUTI VETANA/81/2022-23 DATED 27/03/2023 ISSUED BY THE R5 VIDE ANNX-E AND RE-FIXATION OF PAY SCALE ORDER BEARING NO.C7(C4).AA.SHA.NIVRUTI VETANA/81/2022-23 DATED 27/03/2023, APPROVED BY THE R5 VIDE ANNX-F AND CONSEQUENTLY QUASH THE COMMUNICATION LETTER BEARING NO.C7(C4).AA.SHA/NIVRUTI VETANA/81/2022-23 DATED 27/03/2023-01 DATED 27/03/2023 VIDE ANNX-G ISSUED BY THE R5 TO THE R6 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 ASHOK S.KINAGI ORAL ORDER Petitioner filed this writ petition seeking the following reliefs: (i) Issue a writ in the nature of certiorari to quash the letter bearing No.C7(C4):Aa:Sha.Nivruti Vetana:81/2022-23 dated 27.03.2023 issued by the 5th respondent vide Annexure-E and to re-fixation of pay scale order bearing No.C7(C4):Aa.Sha.Nivruti vetana/81/2022-23 dated 27.03.2023, approved by the 5th respondent vide Annexure-F - 4 - HC-KAR CNR: KAHC010522632024 NC: 2026:KHC:47281 WP No. 25555 of 2024 and consequently quash the communication letter bearing No.C7(C4):Aa.Sha/Nivruti vetana/81/2022-23 dated 27.03.2023 vide Annexure-G issued by the 5th respondent to the 6th respondent. (ii) Consequently issue a writ of mandamus, directing the respondents to release and pay the withheld amount of Rs.7,19,788/- and re-fix the retirement and pensionary benefits in the pay scale of Rs.81,100/- and consequently release the difference of all retirement benefits forthwith such as DCRG, Commutation value of pension, Surrender leave encashment, including difference of monthly pension with the interest at the rate of 16% per annum for belated payment. (iii) Issue such other orders or directions as this Hon'ble Court deems fit, just and proper under the facts and circumstances of the case and allow this petition with exemplary costs, in the interest of justice and equity. 2. Facts leading to file this writ petition are as follows: Similarly placed petitioners filed writ petitions before this Court seeking a direction to include the non grant period also for service benefits. Those writ petitions came to be allowed vide order dated 10.07.2015 and held that the Karnataka Private Aided Educational Institutions Employees (Regulation of Pay, Pension and other Benefits) Act, 2014, (Karnataka Act No.7/2014) is hereby struck - 5 - HC-KAR CNR: KAHC010522632024 NC: 2026:KHC:47281 WP No. 25555 of 2024 down as ultravires 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 in the order and also directed the State to continue the pay salary or pension as the case may be, for the petitioners therein as was being paid pursuant to the earlier orders or in other words, as it was being paid prior to the enactment. 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. 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 the order. 3. The respondent-State aggrieved by the order passed in W.P.No.21216/2014 and connected matters filed - 6 - HC-KAR CNR: KAHC010522632024 NC: 2026:KHC:47281 WP No. 25555 of 2024 W.A.No.2476/2015, the said writ appeal came to be dismissed vide order dated 24.07.2026. The petitioners have contended that they are entitled for similar benefits granted in W.P.No.21216/2014 and connected matters and prays to dispose of the writ petition in terms of the said order. 4. Learned Government Advocate submitted that writ petition may be disposed of in terms of the order dated 10.07.2015 passed in W.P.No.21216/2014 and connected matters. 5. Admittedly, the issue involved in this case is covered by the order passed by the Co-ordinate Bench passed in W.P.No.21216/2014 and connected matters, the writ petition was disposed of on 10.07.2015. 6. Accordingly, the following order is passed: ORDER (i) Writ petition is allowed. - 7 - HC-KAR CNR: KAHC010522632024 NC: 2026:KHC:47281 WP No. 25555 of 2024 (ii) The impugned letter at Annexure-E is hereby quashed. (iii) The respondents-State is directed to refund the amount to the petitioner within a period of one month from the date of receipt of copy of this order. (iv) 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 - 8 - HC-KAR CNR: KAHC010522632024 NC: 2026:KHC:47281 WP No. 25555 of 2024 Educational Institutions on par with the employees working in Government Institutions. (v) 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. (vi) No order as to costs. Ordered accordingly. Sd/- (ASHOK S.KINAGI) JUDGE PSJ List No.: 1 Sl No.: 18