- 1 - HC-KAR CNR: KAHC010592142026 NC: 2026:KHC:51623 WP No. 27535 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 27535 OF 2026 (S-R) BETWEEN: 1. SRI. HALLUR MAHESHWARAPPA, S/O. THE LATE N.H. VEERAPPA, AGED ABOUT 49 YEARS, WORKING AS SECOND DIVISION ASSISTANT, SRI SAHYADRI POLYTECHNIC (GOVT. AIDED), SEEBINAKERE POST, SAGAR ROAD THIRTHAHALLI - 577 432 SHIVAMOGGA DISTRICT 2. SRI. BHARAT KUMAR H.Y. S/O. YOGISH, AGED ABOUT 40 YEARS, WORKING AS HELPER, SRI SAHYADRI POLYTECHNIC (GOVT. AIDED), SEEBINAKERE POST, SAGAR ROAD THIRTHAHALLI - 577 432 SHIVAMOGGA DISTRICT 3. SRI.H.K. VENKATESHA, S/O. SRI KITTAPPA AGED ABOUT 54 YEARS, WORKING AS HELPER IN CIVIL ENGINEERING DEPARTMENT, SRI SAHYADRI POLYTECHNIC (GOVT. AIDED), SEEBINAKERE POST, SAGAR ROAD Digitally signed by PRAKASH N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010592142026 NC: 2026:KHC:51623 WP No. 27535 of 2026 THIRTHAHALLI - 577 432 SHIVAMOGGA DISTRICT 4. SMT. C. PARVATHI, W/O. MIRIYANNA NAIK, AGED ABOUT 53 YEARS, WORKING AS PEON, SRI SAHYADRI POLYTECHNIC (GOVT. AIDED), SEEBINAKERE POST, SAGAR ROAD THIRTHAHALLI - 577 432 SHIVAMOGGA DISTRICT 5. SRI. VENKATESHA P. S/O. PAPANNA, AGED ABOUT 48 YEARS, WORKING AS WATCHMAN, SRI SAHYADRI POLYTECHNIC (GOVT. AIDED), SEEBINAKERE POST, SAGAR ROAD THIRTHAHALLI - 577 432 SHIVAMOGGA DISTRICT 6. SRI. SHIVA KUMAR H.C. S/O CHANDAPPA M AGED ABOUT 43 YEARS, WORKING AS HELPER, SRI SAHYADRI POLYTECHNIC (GOVT. AIDED), SEEBINAKERE POST, SAGAR ROAD THIRTHAHALLI - 577 432 SHIVAMOGGA DISTRICT 7. SRI. K.V. MANJUNATHA, S/O. K. VASUDEVA NAYAK, AGED ABOUT 52 YEARS, WORKING AS OFFICE ATTENDAR, - 3 - HC-KAR CNR: KAHC010592142026 NC: 2026:KHC:51623 WP No. 27535 of 2026 SRI SAHYADRI POLYTECHNIC (GOVT. AIDED), SEEBINAKERE POST, SAGAR ROAD THIRTHAHALLI - 577 432 SHIVAMOGGA DISTRICT 8. SRI. KIRAN KUMAR D., S/O. THE LATE DASAPPA, AGED ABOUT 45 YEARS, WORKING AS MECHANIC, SRI SAHYADRI POLYTECHNIC (GOVT. AIDED), SEEBINAKERE POST, SAGAR ROAD, THIRTHAHALLI - 577 432 SHIVAMOGGA DISTRICT 9. SRI. PRAVEEN H.C. S/O. CHANDRAPPA GOWDA, AGED ABOUT 45 YEARS, WORKING AS LIBRARAIAN, SRI SAHYADRI POLYTECHNIC (GOVT. AIDED), SEEBINAKERE POST, SAGAR ROAD THIRTHAHALLI - 577 432 SHIVAMOGGA DISTRICT 10. SRI. G. PRAKASH, S/O. GOVINDA RAJ, AGED ABOUT 47 YEARS, WORKING AS PEON, SRI SAHYADRI POLYTECHNIC (GOVT. AIDED), SEEBINAKERE POST, SAGAR ROAD THIRTHAHALLI - 577 432 SHIVAMOGGA DISTRICT 11. SMT. REKHA B.G. W/O. MOHAN K.H. - 4 - HC-KAR CNR: KAHC010592142026 NC: 2026:KHC:51623 WP No. 27535 of 2026 AGED ABOUT 46 YEARS, WORKING AS SECOND DIVISION ASSISTANT, SRI SAHYADRI POLYTECHNIC (GOVT. AIDED), SEEBINAKERE POST, SAGAR ROAD THIRTHAHALLI - 577 432 SHIVAMOGGA DISTRICT 12. SRI.RANGANATHA.N. S/O. THE LATE R.NAGARAJ, AGED ABOUT 44 YEARS, WORKING AS PEON, SRI SAHYADRI POLYTECHNIC (GOVT. AIDED), SEEBINAKERE POST, SAGAR ROAD THIRTHAHALLI - 577 432 SHIVAMOGGA DISTRICT 13. SMT. VASANTHI M M W/O. SHREENIVASA, AGED ABOUT 60 YEARS WORKING AS PEON, SRI SAHYADRI POLYTECHNIC (GOVT. AIDED), SEEBINAKERE POST, SAGAR ROAD THIRTHAHALLI - 577 432 SHIVAMOGGA DISTRICT 14. SRI. K.N. MUKUNDA, S/O. NINGAPPA GOWDA, AGED ABOUT 66 YEARS, WORKED AS MECHANIC IN SRI SAHYADRI POLYTECHNIC (GOVT. AIDED), SEEBINAKERE POST, SAGAR ROAD THIRTHAHALLI - 577 432 SHIVAMOGGA DISTRICT RESIDING AT KENCHIGUDDE, - 5 - HC-KAR CNR: KAHC010592142026 NC: 2026:KHC:51623 WP No. 27535 of 2026 KUDUMALLIGE POST, THIRTHAHALLI - 577 232 SHIVAMOGGA DISTRICT 15. MS. MALINI N.M. D/O. N.C. MURARI RAO, AGED ABOUT 61 YEARS, WORKED AS PEON IN SRI SAHYADRI POLYTECHNIC (GOVT. AIDED), SEEBINAKERE POST, SAGAR ROAD THIRTHAHALLI - 577 432 SHIVAMOGGA DISTRICT RESIDING AT MAIN ROAD, KONANDUR 16. SRI.B.T.PRAKASH, S/O. THE LATE TEJAPPA, AGED ABOUT 60 YEARS, WORKED AS INSTRUCTOR, SRI SAHYADRI POLYTECHNIC (GOVT. AIDED), SEEBINAKERE POST, SAGAR ROAD THIRTHAHALLI - 577 432 SHIVAMOGGA DISTRICT RESIDING AT JITTEMUTHUR, DEVANGI POST THIRTHAHALLI TALUK - 577 415 17. SRI.M. DEVENDRA, S/O. THE LATE MANJAPPA GOWDA, AGED ABOUT 67 YEARS, WORKED AS INSTRUCTOR, SRI SAHYADRI POLYTECHNIC (GOVT. AIDED), SEEBINAKERE POST, SAGAR ROAD - 6 - HC-KAR CNR: KAHC010592142026 NC: 2026:KHC:51623 WP No. 27535 of 2026 THIRTHAHALLI - 577 432 SHIVAMOGGA DISTRICT RESIDING AT SHETTY KOPPA, KOWRI, YADUR POST, HOSANAGAR TALUK - 577 448 18. MS. PADMAVATHIYAMMA K.M. D/O. VIJENDRA K.D. AGED ABOUT 65 YEARS, WORKED AS OFFICE SUPERINTENDENT, SRI SAHYADRI POLYTECHNIC (GOVT. AIDED), SEEBINAKERE POST, SAGAR ROAD THIRTHAHALLI - 577 432 SHIVAMOGGA DISTRICT RESIDING AT KANUKOPPA, SHEDGAR POST - 577 415 THIRTHAHALLI, SHIVAMOGGA DISTRICT 19. MS. NAVAMANI A.S. D/O. SRINIVASA GOWDA, AGED ABOUT 60 YEARS, RETIRED AS FIRST DIVISION ASSISTANT, SRI SAHYADRI POLYTECHNIC (GOVT. AIDED), SEEBINAKERE POST, SAGAR ROAD THIRTHAHALLI - 577 432 SHIVAMOGGA DISTRICT RESIDING AT YOGINARASIPURA, SHIMOGA - 577 432 20. SRI. RONAK, SON OF SADASHIVA SHETTY G., AGED ABOUT 52 YEARS, - 7 - HC-KAR CNR: KAHC010592142026 NC: 2026:KHC:51623 WP No. 27535 of 2026 ASSISTANT INSTRUCTOR, SAHYADRI POLYTECHNIC COLLEGE, THIRTHAHALLI, SHIVAMOGGA 21. SMT. HALAMMA T., WIFE OF MAHESHA K.J. AGED ABOUT 56 YEARS, HELPER (CIVIL DEPARTMENT), SAHYADRI POLYTECHNIC COLLEGE, THIRTHAHALLI, SHIVAMOGGA 22. SMT. K.H. TEJOVATHI, WIFE OF VISHNUMURTHY K.R., AGED ABOUT 55 YEARS, HELPER (CIVIL DEPARTMENT), SAHYADRI POLYTECHNIC COLLEGE, THIRTHAHALLI, SHIVAMOGGA …PETITIONERS (BY SRI. JANARDHANA G..,ADVOCATE) AND: 1. STATE OF KARNATAKA MINISTRY OF HIGHER EDUCATION, REPRESENTED BY ITS PRINCIPAL SECRETARY TO EDUCATION, VIDHANA SOUDHA, BANGALORE - 560 001 2. THE COMMISSIONER FOR COLLEGIATE AND TECHNICAL EDUCATION, GOVERNMENT OF KARNATAKA, SESHADRI ROAD, BENGALURU - 560 001 - 8 - HC-KAR CNR: KAHC010592142026 NC: 2026:KHC:51623 WP No. 27535 of 2026 3. THE DIRECTOR OF TECHNICAL EDUCATION, PALACE ROAD, BENGALURU - 560 001. 4. THE PRINCIPAL SRI SAHYADRI POLYTECHNIC (GOVT. AIDED), SEEBINAKERE POST, SAGAR ROAD THIRTHAHALLI - 577 432 SHIVAMOGGA DISTRICT …RESPONDENTS (BY SMT. ASHVINI PATIL, AGA FOR R1 TO R3 NOTICE TO R4 IS DISPENSED WITH V/O. DATED 19.09.2026) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING ACT-7 / 2014 (KARNATAKA PRIVATE AIDED EDUCATIONAL INSTITUTIONS EMPLOYEES ACT 2014) VIDEQ ANNEXURE-C. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV ORAL ORDER 1. The petitioners who are working under respondent No.4- Institution, have filed the present petition seeking for quashing of the Act No.7/2014 (Karnataka Private Aided Educational Institutions - 9 - HC-KAR CNR: KAHC010592142026 NC: 2026:KHC:51623 WP No. 27535 of 2026 Employees Act 2014). The petitioners have also sought for extension of benefits as observed and granted to employees as per the order passed in W.A.No.2476/2015 and connected matters. The petitioners seeking for counting their services from the pre-grant period by taking their appointments made prior to admitting the posts to grant-in-aid for the purpose of pension and service benefits. 2. Learned Government Advocate submits that the order in W.A.No.2476/2015 is sought to be challenged. 3. However, as on date, the order in the Writ Appeal continues to be in operation. Para No.61 of the order in W.A.No.2476/2015 reads as follows: 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 - 10 - HC-KAR CNR: KAHC010592142026 NC: 2026:KHC:51623 WP No. 27535 of 2026 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 State for the period preceding the admission of the post to grant-in-aid. 4. Accordingly, taking note of the above, the petitioners are entitled for the service benefits flowing from the observations made at para No.61. 5. Accordingly, the writ petition is disposed of. - 11 - HC-KAR CNR: KAHC010592142026 NC: 2026:KHC:51623 WP No. 27535 of 2026 6. The respondents who are the State authorities to take note of the observations made in para No.61 of the Writ Appeal already extracted above and extend benefits as is permissible in law to the petitioners. 7. Such consideration has to be completed within a period of six months from the date of receipt of certified copy of the order. 8. Pending I.A, if any, stand disposed of accordingly. SD/- (S SUNIL DUTT YADAV) JUDGE SKS