- 1 - HC-KAR CNR: KAHC010417052026 NC: 2026:KHC:51624 WP No. 19028 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. 19028 OF 2026 (S-RES) BETWEEN: 1. SRI. VENKATESH B R S/O B K RAMEGOWDA AGED ABOUT 60 YEARS RETIRED HEAD MASTER VISHWA HIGH SCHOOL KEMPEGOWDA STREET BELUR, HASSAN DISTRICT R/AT 2ND CROSS, NEAR GOVERNMENT PRIMARY SCHOOL JP NAGARA, BELUR, HASSAN - 573 115 2. SRI. DODDEGOWDA K S/O KEMPAIAH AGED ABOUT 64 YEARS RETIRED LECTURER IN ECONOMICS SRI VIDYASHANKARA COMPOSITE PRE-UNIVERSITY COLLEGE RUDRAPATTANA ARAKALGUDU TALUK HASSAN DISTRICT R/AT NO. 210, HENTAGERE 16TH WARD, ARKALUGUDU TOWN HASSAN DISTRICT Digitally signed by PRAKASH N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010417052026 NC: 2026:KHC:51624 WP No. 19028 of 2026 3. SRI. ANNAPPA SETTY S/O LATE THIMMASETTY AGED ABOUT 63 YEARS RETIRED ASSISTANT TEACHER H.NARASIMHAIAH MEMORIAL HIGH SCHOOL NARIGUDDADAHALLY CHIKMAGALUR TALUK AND DISTRICT R/AT OPPOSITE KANNADA MAATA SCHOOL JANATHA BADAVANE, JAVAGAL, HASSAN - 573 125 4. SRI. BYREGOWDA S/O SADASHIVAPPA AGED ABOUT 69 YEARS RETIRED HEAD MASTER SRI VIDYANIDHI HIGH SCHOOL KONDAJJI, TURUVEKERE TALUK TUMKUR DISTRICT R/AT SRI LAKSHMI NILAYA 3RD CROSS, 2ND MAIN HEMAVATHINAGARA HASSAN - 573 201 5. SRI. M SADASHIVAPPA S/O LATE MALLAPPA AGED ABOUT 75 YEARS RETIRED CRAFT TEACHER SRI VIDYANIDHI HIGH SCHOOL KONDAJJITURUVEKERE TALUK TUMKUR DISTRICT R/AT NO.150, GUBBIHALLI CHIKKAMAGALURU TALUK AND DISTRICT …PETITIONERS (BY SRI. THYAGARAJA S., ADVOCATE) - 3 - HC-KAR CNR: KAHC010417052026 NC: 2026:KHC:51624 WP No. 19028 of 2026 AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS 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 NEW PUBLIC OFFICES BUILDING, NRUPATHUNGA ROAD BENGALURU - 560 001 3. THE DIRECTOR, DEPARTMENT OF SCHOOL EDUCATION (PRE-UNIVERSITY EDUCATION) 18TH CROSS, SAMPIGE ROAD, MALLESHWARAM, BANGALURU - 560 012. 4. THE DEPUTY DIRECTOR FOR PRE-UNIVERSITY EDUCATION, HASSAN DISTRICT, HASSAN - 573 201 5. THE DIRECTOR (SECONDARY EDUCATION) DEPARTMENT OF SCHOOL EDUCATION AND LITERACY NEW PUBLIC OFFICES BUILDING, NRUPATHUNGA ROAD BENGALURU - 560 001 - 4 - HC-KAR CNR: KAHC010417052026 NC: 2026:KHC:51624 WP No. 19028 of 2026 6. THE DEPUTY DIRECTOR DEPARTMENT OF SCHOOL EDUCATION, HASSAN DISTRICT HASSAN - 573 201 7. THE DEPUTY DIRECTOR DEPARTMENT OF SCHOOL EDUCATION, CHIKMAGALORE DISTRICT CHIKMAGALORE - 577 101 8. THE DEPUTY DIRECTOR DEPARTMENT OF SCHOOL EDUCATION, TUMKUR DISTRICT TUMKUR - 572 101 9. ACCOUNTANT GENERAL IN KARNATAKA (A AND E) PARK HOUSE ROAD BENGALURU - 560 001 …RESPONDENTS (BY SMT. ASHVINI PATIL, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-DIRECTING THE RESPONDENTS TO RECKON AND COUNT THE PAST SERVICE RENDERED BY THE PETITIONERS FROM THE DATE OF THEIR INITIAL APPOINTMENTS UP TO THE DATE OF APPROVAL OF THEIR APPOINTMENT WITH GRANT-IN-AID RESPECTIVELY FOR THE PURPOSE OF FIXATION OF PAY SCALE, SENIORITY, ANNUAL INCREMENTS, INCLUDING TBA, PENSIONARY BENEFITS AND OTHER CONSEQUENTIAL SERVICE AND MONITORY BENEFITS FLOWING THEREOF BY DISPOSING THE PRESENT PETITIONS IN TERMS OF THE ORDERS OF THIS - 5 - HC-KAR CNR: KAHC010417052026 NC: 2026:KHC:51624 WP No. 19028 of 2026 HONBLE COURT MADE IN WP NO.25447 OF 2010 DISPOSED OF BY ORDER DATED 16-08-2010 WHICH IS AFFIRMED BY THE DIVISION BENCH OF THIS HONBLE COURT IN W.A.NO.4788 OF 2010 DATED 22-09-2011 AND HONBLE SUPREME COURT IN SLP (CIVIL) CC 7365 OF 2012 DATED 02-07-2012 AND W.P. NO.10433/2021 DATED 18-06-2021 VIDE ANNEXURE-P, Q, R AND S, RESPECTIVELY 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 ORAL ORDER 1. Learned Government Advocate accepts notice for the respondents. 2. The petitioners who are stated to be working in the aided institution have filed the present petition seeking for issuance of writ of mandamus directing the respondents-state authorities to reckon and count the past services rendered by the petitioners from the date of their initial appointments including the services rendered in the - 6 - HC-KAR CNR: KAHC010417052026 NC: 2026:KHC:51624 WP No. 19028 of 2026 pre-grant period for the purpose of pension and other superannuation and service benefits. 3. Reliance is placed on the observations made by the Division Bench in W.A.No.4788/2010. 4. Learned Government Advocate submits that the State is contemplating challenging the order passed in W.A.No.2476/2015 and connected matters and accordingly seeks for further time. 5. However, it is noticed that as on date the order in W.A.No.2476/2015 has not been stayed. The observation made in para No.61 of the writ appeal reads as hereunder: 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 - 7 - HC-KAR CNR: KAHC010417052026 NC: 2026:KHC:51624 WP No. 19028 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. 6. In light of the same, the respondents are directed to consider the request of the petitioners as reflected in the representations made and extend permissible benefits as may flow from the observation of the Division Bench in para No.61. Such consideration by - 8 - HC-KAR CNR: KAHC010417052026 NC: 2026:KHC:51624 WP No. 19028 of 2026 the State has to be completed within a period of six months from the date of receipt of copy of this order. 7. Accordingly, the writ petition is disposed of. 8. Pending IAs., if any, stand disposed of accordingly. SD/- (S SUNIL DUTT YADAV) JUDGE SKS