Extracted from the PDF above. The PDF is authoritative.
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CNR: KAHC010001212015 NC: 2026:KHC:49110 WP No. 318 of 2015
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO.318 OF 2015 (S-RES)
BETWEEN:
1. SMT. SUMITHRA P D/O LATE KRISHNAPPA ACHARYA HINDU AGED 62 YEARS RETD. ASST. TEACHER BEM HIGHER PRIMARY SCHOOL MANJALPADPU, PUTTUR TQ DK-574203 R/AT INCHARA JADEKALLU CHIKKAMUDNUR PUTTUR, DK
2. SMT IRISH VICTORIA CM W/O S D MOBEN CHRISTIAN AGED ABOUT 61 YEARS RETD. ASST. TEACHER B E M HIGHER PRIMARY SCHOOL MANJALPADPU, PUTTUR TQ, DK
R/AT 'DORIA MICRO VIEW' STATION ROAD, NEHRUNAGAR, PUTTUR, D.K.
3. SRI MANOHAR KUMAR S/O S RAJARATHNAM
Digitally signed by PRAKASH N Location: HIGH COURT OF KARNATAKA
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CHRISTIAN AGED ABOUT 55 YEARS HEAD MASTER B E M HIGHER PRIMARY SCHOOL MANJALPADPU, PUTTUR TQ, DK
R/AT KRIPA NILAYA SUDHANA COMPOUND NEHRUNAGAR POST PUTTUR-3, DK
4. SRI RAMESH KUMAR M S/O LATE M THANIAPPA RETD. ASST TEACHER HINDU AGED ABOUT 62 YEARS B E M HIGHER PRIMARY SCHOOL MANJALPADPU PUTTUR TQ ,DK R/AT ASARE NILAYA PUDU VILLAGE PELAPADI ROAD MARIPALLA BANTWAL TQ, DK
5. MRS VEENA KARAT W/O NAVIN P KARAT CHRISTIAN AGED ABOUT 56 YRS ASST TEACHER B E M HIGHER PRIMARY SCHOOL MANJALPADPU PUTTUR TQ, DK. RESIDING AT ASHIRVADA MISSION HILL, BOLWAR, PUTTUR TALUK D.K.PIN-574291. 6. MRS PRAVEENA GRACE HANS W/O VIJAYA HARVIN
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CHRISTIAN AGED ABOUT 56 YRS ASST TEACHER BEM HIGHER PRIMARY SCHOOL MANJALPADPU PUTTUR TQ, DK R/AT SUDHANA DEVALAYA MANJALPADPU NEHUNAGAR PUTTUR, DK-574203
7. MRS SANDRA PUSHPALATHA W/O JEEVAN S MULE CHRISTIAN AGED ABOUT 48 YRS TEACHER: BEM HIGHER PRIMARY SCHOOL MANJALPADPU PUTTUR DK-574203 R/AT NO.C4, CAMCO QUARTERS MARIL, DARBE POST PUTTUR DK-574203
8. MRS.SHANKARI W/O NARAYANA PATALI V HINDU AGED ABOUT 54 YRS HEAD MISTRESS:SRI KRISHNA HIGHER PRIMARY SCHOOL PATTE, BADAGANNUR PUTTUR DK-574 334
9. SRI P SHANKARNARAYANA BHAT S/O P KRISHNA BHAT HINDU AGED ABOUT 64 YRS RETD TEACHER SRI SEETHA RAGHAVA HIGHER PRIMARY SCHOOL PERNAJE PUTTUR, DK-574223
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R/AT ISHA NILAYA, PERNAJE PUTTUR-574223 DK. 10.
SRI VISHNU BHAT S/O PURUSHOTHAM BHAT HINDU AGED ABOUT 61 YRS RETD TEACHER SRI BALASUBRAMANYA AIDED HIGHER PRIMARY SCHOOL SULYAPADAVU SULYAPADAVU POST PUTTUR DK-574313 R/AT SRI VIKASA HOUSE PADUVANNUR VILLAGE SULYAPADAVU POST PUTTUR-574313 DK
11. SRI PRABHAKARA KALLURAYA S/O SUBRAYA KALLURAYA HINDU AGED ABOUT 60 YRS RETD TEACHER AIDED HIGHER PRIMARY SCHOOL KUNJURPANJA HOUSE, ARYAPU POST PUTTUR, DK R/AT PILIGUNDA HOUSE ARYAPU POST PUTTUR DK
12. MRS B K SAROJA W/O ISHWARA SHARMA HINDU AGED ABOUT 67 YRS RETD TEACHER AIDED HIGHER PRIMARY SCHOOL KUNJURPANJA ARYAPU POST
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PUTTUR, DK R/AT BEERMALE ROAD DARBE POST, PUTTUR, DK-574202. 13. SRI NARAYANA BHAT S/O SUBRAYA BHAT HINDU AGED ABOUT 54 YRS HEAD MASTER:SRI RAMAKUNJESHWARA HIGHER PRIMARY SCHOOL RAMAKUNJA RAMAKUNJA POST PUTTUR, DK
14. SRI GANGADHAR GOWDA S/O DUGGANNA GOWDA HINDU AGED ABOUT 66 YRS RETD TEACHER AIDED HIGHER PRIMARY SCHOOL KUNHIMOOLE, DARBE IRIDHE POST PUTTUR, DK R/AT PAINTHIMOOGERU HOUSE BETTAMPADI POST PUTTUR, DK
15. SRI K RAMANNA GOWDA S/O SHEENAPPA GOWDA HINDU AGED ABOUT 59 YRS TEACHER SRI BALASUBRAMANYA AIDED HIGHER PRIMARY SCHOOL SULYAPADAVU SULYAPADAVU POST PUTTUR, DK 574313 R/AT BASAVAHITHLU SULAYAPADAVU POST PUTTUR, DK
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16. SRI GANAPATHI BHAT S/O SHYAM BHAT HINDU AGED ABOUT 65 YRS RETD TEACHER SRI GAJANANA HIGHER PRIMARY SCHOOL PALYATHADKA POST ISHWARAMANGALA PUTTUR, DK 574313 R/AT 'SOWMNDARYA' MUDODI POST ARYAPU PUTTUR-574313, DK. 17. SRI ANANDA RAI S S/O KUNHANNA RAI S HINDU AGED ABOUT 59 YRS TEACHER SRI GAJANANA HIGHER PRIMARY SCHOOL PALYATHADKA ISHWARAMANGALA, PUTTUR, DK 574313 R/AT SANTHYA HOUSE ISHWARAMANGALA PUTTUR-574313 DK
18. SAROJINI K R D/O K RAMAPPA HINDU AGED ABOUT 58 YRS TEACHER, SRI GAJANANA HIGHER PRIMARY SCHOOL PALYATHADKA POST:ISHWARAMANGALA, PUTTUR, DK 574313 R/AT CHETHANA NILAYA POST:ISHWARAMANGALA, PUTTUR-574313 DK
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19. MRS.SABINA LASRADO, W/O THOMAS LASRADO, CHRISTIAN, CHRISTIAN, AGED ABOUT 59 YEARS, RETD.
ASSISTANT TEACHER, LITTLE FLOWER, HIGHER PRIMARY SCHOOL, DARBE, PUTTUR, D.K-574202. RESIDING AT BADIBAGILU, PUTTUR, D.K.-574201. 20. PRESY LOBO D/O PIADO LOBO, CHRISTIAN, AGED ABOUT 67 YEARS, ASSISTANT TEACHER, LITTLE FLOWER HIGHER PRIMARY SCHOOL, DARBE, PUTTUR, D.K-574202. RESIDING AT INFANT ARCH KAVERIKATTE DARBE, PUTTUR, D K 574 313
21. ROSALINE J.D SILVA, D/O ANTHONY D SILVA, CHRISTIAN, AGED ABOUT 61 YEARS, RETD.ASSISTANT TEACHER, LITTLE FLOWER HIGHER PRIMARY SCHOOL, DARBE, PUTTUR, D.K-574202. RESIDING AT GOADS GIFT, DARBE PUTTUR, D.K.-574313. 22. MRS. LADIA MARIA RASQUINHA, W/O FRANKY LOBO, CHRISTIAN, AGED ABOUT 57 YEARS, ASSISTANT TEACHER, LITTLE FLOWER HIGHER PRIMARY SCHOOL, DARBE, PUTTUR, D.K-574202. - 8 -
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'SHALOM' NEAR: FR.PATRAO HOSPITAL DARBE POST, PUTTUR D K DISTRICT - 574 202
23. MARY D SILVA, D/O ANTHONY D SILVA, CHRISTIAN, AGED ABOUT 57 YEARS, RETD. TEACHER, LITTLE FLOWER HIGHER PRIMARY SCHOOL, DARBE, PUTTUR, D.K-574202. R/AT GLORIA HOUSE, HEBBARABAILU, PUTTUR, D.K. PIN-574201. 24. IRIS RODRIGUES, D/O ALEXANDAR RODRIGUES, CHRISTIAN, AGED ABOUT 59 YEARS, RETD. TEACHER, LITTLE FLOWER HIGHER PRIMARY SCHOOL, DARBE, PUTTUR, D.K-574202. R/AT KEMMINJE HOUSE, DARBE,PUTTUR, D.K. PIN-574202. 25. NATHALIA FERNANDES D/O FRANCIS FERNANDES, CHRISTIAN, AGED ABOUT 58 YEARS, TEACHER, LITTLE FLOWER HIGHER PRIMARY SCHOOL, DARBE, PUTTUR, D.K-574202. R/AT ADYAR HOUSE, DEVIKANAGAR, ADYAR POST, MANGALORE TALUK, D.K.
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26. IRINE VEIGAS, D/O TAITAS VEIGAS, CHRISTIAN, AGED ABOUT 61 YEARS, RETD.TEACHER, LITTLE FLOWER HIGHER PRIMARY SCHOOL, DARBE, PUTTUR, D.K-574202. R/AT EDRIS, DEVIKANAGAR, DARBE POST, PUTTUR, D.K-574202. …PETITIONERS
(BY SRI. O SHIVARAMA BHAT, ADVOCATE)
AND:
1. STATE OF KARNATAKA REPRESENTED BY ITS UNDER SECRETARY, EDUCATION DEPARTMENT (HIGHER) M S BUILDING, DR. AMBEDKAR VEEDHI, BANGALORE-560 001. 2. THE SECRETARY TO THE GOVERNMENT DEPARTMENT OF PARLIAMENTARY AFFAIRS, VIKASA SOUDHA, DR. AMBEDKAR VEEDHI, BANGALORE-560 001. 3. THE COMMISSIONER FOR PUBLIC INSTRUCTIONS IN KARNATAKA, NEW PUBLIC OFFICES, NRUPATHUNGA ROAD, K R CIRCLE, BANGALORE-560 001. 4.
THE DIRECTOR OF PUBLIC INSTRUCTIONS FOR PRIMARY EDUCATION IN STATE OF KARNATAKA,
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OFFICE OF THE COMMISSIONER FOR PUBLIC OFFICES, NRUPATUNGA ROAD, K R CIRCLE, BANGALORE-560 001. 5. THE DEPUTY DIRECTOR OF PUBLIC INSTURCTIONS, D.K. MANGALORE. 6. THE BLOCK EDUCATIONAL OFFICER, PUTTUR, D.K. …RESPONDENTS
(BY SMT. MAMATHA SHETTY, AGA FOR R1 TO R6)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE GOVERNMENT ORDER NO.ED 302 PMC 2006, BANGALORE DATED 25.3.2011 AND ALSO THE KARNATAKA ORDINANCE NO.1/2014 PUBLISHED BY THE SECRETARY TO THE GOVERNMENT, DEPARTMENT OF PARLIAMENTARY AFFAIRS IN THE NOTIFICATION NO.DPAL 39 SHASANA 2014 BANGALORE, DATED 31.10.2014 PUBLISHED IN THE KARNATAKA GAZETTE DATED 31.10.2014 VIDE ANN-A AND B RESPECTIVELY WHICH HAS BECOME ACT NO.4 OF (AMENDMENT-2015) BROUGHT TO SECTION 87 OF KARNATAKA AMENDMENT ACT 2014 PASSED BY THE RESPONDENT NOS.1 AND 2 AND DIRECT THE RESPONDENTS TO EXTEND THE BENEFITS OF KARNATAKA CIVIL SERVICE (SERVICE AND KANNADA LANGUAGE EXAMINATION) RULES- 1974 R/W CIRCULAR DATED 03.11.2000 AND 12.01.2001 WHICH HAS BEEN MENTIONED AT ANNEXURE-A IN THE PREFACE AND GRANT ONE ADDITIONAL INCREMENT WITH ALL CONSEQUENTIAL BENEFIT TO THE PETITIONERS BY DECLARING ACT NO.4 (AMENDMENT)/2015 AS UNCONSTITUTIONAL ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV
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ORAL ORDER
1. The present petition has been filed by the petitioners who are working as Teachers in private aided primary schools. They have challenged the validity of the Government Order dated 25.03.2011 as well as Act No. 4 of (Amendment) 2015 brought to Section 87 of the Karnataka Education Amendment Act, 2014.
They have also sought for a direction to the respondents to extend the benefits of the Karnataka Civil Services (Service and Kannada Language Examination) Rules, 1974 read with the Circulars dated 03.11.2000 and 12.01.2001 to the petitioners. 2. It is submitted that an identical question regarding grant of an increment for having passed the Kannada examination was a subject matter in W.P.No.105439/2014 and connected matters wherein the Court struck down the constitutional validity of Act No.4 of 2015 and consequential direction was issued to the respondents to extend the benefit of an additional increment for having passed the Kannada
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examination. It is further submitted that the said order of the learned Single Judge was a subject matter in Writ Appeal No.2476/2015 and connected matters wherein the order of the learned Single Judge has been upheld. 3. Learned AGA for the respondents submits that the said issue stands concluded by virtue of the order passed in W.P.No.105439/2014 and connected matters, which has been affirmed by the Appellate Court. 4. In light of the same, taking note of the legal position as emanating from the order passed in W.P.No.105439/2014 and connected matters as affirmed in W.A.No.2476/2015 and connected matters, the petitioners are entitled for the same relief and consequently, the respondents are liable to pay an additional increment to those who have passed the Kannada examination. Such payments to be made after due verification, within a period not later than six months from today. The present petition is limited only to such of the prayer made by the petitioners. Accordingly, the writ petition is disposed of. - 13 -
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5. In view of disposal of the main petition, I.A.No.2/2020 filed for impleading does not survive for consideration and it stands disposed of accordingly. Sd/- (S SUNIL DUTT YADAV) JUDGE hkh. List No.: 1 Sl No.: 10