- 1 - HC-KAR CNR: KAHC010683822025 NC: 2026:KHC:50215 WP No. 31832 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO.31832 OF 2025 (S-RES) BETWEEN: 1. SRI. NINGANAGOUDA PATIL, S/O RAMAPPA PATIL, AGED ABOUT 58 YEARS, PROFESSOR IN PHYSICS, B.V.B. COLLEGE OF ENGINEERING AND TECHNOLOGY, HUBBALI, DHARWAD DISTRICT - 580 020. 2. SRI. SOMANAGOUDA S HONNANAGOUDAR, S/O SHIVANAGOUDA HONNANAGOUDAR, AGED ABOUT 60 YEARS, PROFESSOR IN GEOLOGY, B.V.B. COLLEGE OF ENGINEERING AND TECHNOLOGY, HUBBALI, DHARWAD DISTRICT, AND TRANSFERRED TO AMBEDKAR INSTITUTE OF TECHNOLOGY OUTER RING ROAD NEAR GNANA BHARATHI, 2ND STAGE, NAGARABHAAVI, BENGALURU - 560 056 …PETITIONERS (BY SRI. JANARDHANA G, ADVOCATE) AND: 1. STATE OF KARNATAKA MINISTRY OF HIGHER EDUCATION REPRESENTED BY ITS PRINCIPAL SECRETARY TO EDUCATION Digitally signed by PRAKASH N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010683822025 NC: 2026:KHC:50215 WP No. 31832 of 2025 VIDHANA SOUDHA BENGALURU - 560 001 2. THE COMMISSIONER FOR COLLEGIATE AND TECHNICAL EDUCATION, GOVERNMENT OF KARNATAKA, SESHADRI ROAD, BENGALURU - 560 001 3. THE DIRECTOR OF TECHNICAL EDUCATION PALACE ROAD, BENGALURU - 560 001 4. THE PRINCIPAL B.V.B. COLLEGE OF ENGINEERING AND TECHNOLOGY, HUBBALI, DHARWAD DISTRICT - 580 020 5. THE PRINCIPAL AMBEDKAR INSTITUTE OF TECHNOLOGY OUTER RING ROAD, NEAR GNANA BHARATHI, 2ND STAGE, NAGARABHAAVI, BENGALURU - 560 056 …RESPONDENTS (BY SMT. RASHMI RAO, HCGP FOR R1 TO R3; R4 & R5 ARE SERVED) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING ACT-7/2014, THE KARNATAKA PRIVATE AIDED EDUCATIONAL INSTITUTIONS EMPLOYEES (REGULATION OF PAY, PENSION AND OTHER BENEFITS) ACT, 2014 VIDE ANNEXURE-E AND ETC THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV - 3 - HC-KAR CNR: KAHC010683822025 NC: 2026:KHC:50215 WP No. 31832 of 2025 ORAL ORDER The present petition has been filed seeking for issuance of appropriate writ to set aside Act No.7 of 2014 i.e., Karnataka Private Aided Educational Institutions Employees (Regulation of Pay, Pension and other Benefits) Act, 2014 at Annexure-E. The petitioner has also sought for extension of benefits as flow from the order passed in W.P.No.21216/2014 and connected matters as has been upheld in W.A.No.2476/2015 and connected matters. Consequential direction for settlement of service benefits of petitioner no.2 taking into consideration the service from the date of appointment is also sought for. 2. The brief facts relevant for the purpose of disposal of writ petition are that petitioner no.2 is stated to have joined temporarily on 17.02.1992 and petitioner no.1 is stated to have joined on temporary basis on 07.09.1992. While first petitioner's post it is stated has been approved - 4 - HC-KAR CNR: KAHC010683822025 NC: 2026:KHC:50215 WP No. 31832 of 2025 on 09.09.1998 and the post of petitioner no.2 is stated to have been approved on 24.09.1998. 3. At the time of consideration of the matter, reliance is placed on the order passed in W.A.No.2476/2015 and connected matters dated 24.07.2026. 4. A perusal of the said order would reveal that writ petitions assailing the constitutional validity of the Act in question was set aside and W.P.No.21216/2014 and connected matters came to be allowed. The same was challenged in W.A.No.2476/2015 and connected matters. 5. Learned Government Advocate appearing for the respondents submits that while the order in writ petition was affirmed, however the nature of relief flowed to the petitioner is on the basis of the observations made in para 61. Taking note of the same and on perusal of para 61, the present petition could be disposed of. 6. Para 61 of the judgment reads as follows: - 5 - HC-KAR CNR: KAHC010683822025 NC: 2026:KHC:50215 WP No. 31832 of 2025 "61. It is also necessary to clarify the extent of the relief that would flow from the present judgment. The issue involved in the present batch of matters is confined to whether the service rendered by employees during the non-grant period is liable to be reckoned for the purpose of fixation of pay and other consequential service benefits. Neither the provisions governing grant- in-aid nor the statutory framework casts any liability upon the State to pay salary for the period prior to admission of the post to grant-in- aid. As produced supra, Annexure-I of Rules, 1999 would make it abundantly clear that the management shall be liable for payment of salary and other benefits till the date such posts are admitted into grant-in-aid. The liability to pay salary during the non-grant period continues to rest upon the management of the concerned institution. Consequently, the service rendered during the said period shall be taken into account only for the purpose of notional fixation of pay as on the date of admission of the post to grant-in- aid and for extending consequential benefits such as pension and other service benefits. The employees shall not be entitled to claim arrears of salary or any other monetary benefits from the - 6 - HC-KAR CNR: KAHC010683822025 NC: 2026:KHC:50215 WP No. 31832 of 2025 State for the period preceding the admission of the post to grant-in-aid." Taking note of the above, entitlement of the petitioners would be as observed by the court in the observations contained in para 61. 7. Accordingly, the petition is allowed. Respondent no.2 to take note of the observations made above and take service of the petitioner no.2 from the date of appointment for the purpose of notional fixation of pay in order to calculate benefits such as pension and other service benefits. Needless to state, insofar as any other entitlement for the period preceding the admission of the post to grant-in-aid, petitioners' right would be answered by the 5th respondent. Accordingly, the petition is disposed of. Sd/- (S SUNIL DUTT YADAV) JUDGE NP