- 1 - HC-KAR CNR: KAHC010617402026 NC: 2026:KHC:50733 WP No. 28129 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 28129 OF 2026 (S-RES) BETWEEN: 1. SRI K BHASKARA S/O. L. KENCHEGOWDA AGED ABOUT 51 YEARS, OCC: HEAD MASTER (IN-CHARGE), WORKING AT SRI G.V. GOWDA SMARAKA HIGH SCHOOL, KOTHANUR, KOLLEGAL TALUK, CHAMARAJANAGAR DISTRICT - 571 440 2. SRI. M. BASAVARAJU S/O. LATE MALLANAYAKA AGED ABOUT 57 YEARS, OCC: P.E. TEACHER, WORKING AT SRI G.V. GOWDA SMARAKA HIGH SCHOOL, KOTHANUR, KOLLEGAL TALUK, CHAMARAJANAGAR DISTRICT - 571 440 3. SRI. P.N. MAHADEVA PRASAD S/O. P.M. NAGAIAH, AGED ABOUT 51 YEARS, OCC: CRAFT TEACHER, WORKING AT SRI G.V. GOWDA SMARAKA HIGH SCHOOL, KOTHANUR, KOLLEGAL TALUK, CHAMARAJANAGAR DISTRICT - 571 440 Digitally signed by PRAKASH N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010617402026 NC: 2026:KHC:50733 WP No. 28129 of 2026 4. SRI. C. MUDDAIAH S/O. CHINNAIAH, AGED ABOUT 58 YEARS, OCC: SDA, WORKING AT SRI G.V. GOWDA SMARAKA HIGH SCHOOL KOTHANUR, KOLLEGAL TALUK, CHAMARAJANAGAR DISTRICT - 571 440 …PETITIONERS (BY SRI. MARUTHI G.B., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF SCHOOL EDUCATION AND LITERACY, M.S. BUILDING, BENGALURU - 560 001. 2. THE COMMISSIONER DEPARTMENT OF SCHOOL EDUCATION AND LITERACY, NRUPATHUNGA ROAD, BENGALURU - 560 001. 3. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS(DDPI) CHAMARAJANAGAR DISTRICT, CHAMARAJANAGAR - 571 313. 4. THE BLOCK EDUCATION OFFICER KOLLEGAL TALUK, CHAMARAJANAGAR DISTRICT - 571 440. …RESPONDENTS (BY SMT. ASHWINI PATIL, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) DIRECTING THE - 3 - HC-KAR CNR: KAHC010617402026 NC: 2026:KHC:50733 WP No. 28129 of 2026 RESPONDENTS NO.1 AND 2 TO CONSIDER THE REPRESENTATION DATED 14.08.2026 SERVED UPON RESPONDENT NO.1 ON 14.08.2026 AND RESPONDENT NO.2 ON 17.08.2026 IN THE LIGHT OF THE COMMON JUDGMENT DATED 24.07.2026 PASSED BY THIS HONBLE COURT IN WA NO. 2476/2015 AND CONNECTED MATTERS AND TO EXTEND THE BENEFITS FLOWING THEREFROM TO THE PETITIONERS, WHO ARE SIMILARLY SITUATED EMPLOYEES. 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 Learned Government Advocate accepts notice for the respondents. 2. The petitioners being teaching and non- teaching employees in an aided institution have filed the present petition seeking for issuance of writ in the nature of mandamus to direct the respondent authorities to reckon the service rendered by the petitioners from the dates of initial appointment for the purpose of fixation of - 4 - HC-KAR CNR: KAHC010617402026 NC: 2026:KHC:50733 WP No. 28129 of 2026 benefits in light of law declared in W.A.No.2476/2015 and connected matters. 3. Learned Government Advocate submits that the State is contemplating challenging the order in W.A.No.2476/2015 and connected matters. It is further submitted that even if the court were to pass an order taking note of the order in the writ appeal, the court may take note of observations in Para No. 61. 4. Taking note of the order passed in W.A.No.2476/2015, the petition itself could be disposed of in light of the limited request of the petitioner. The relevant observation made in W.A.No.2476/2015 at para No.61, 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 - 5 - HC-KAR CNR: KAHC010617402026 NC: 2026:KHC:50733 WP No. 28129 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. 5. Accordingly, the representation of the petitioners may be considered in light of the observation made at para 61 and extend the benefits as would flow from the observations of the Division Bench extracted above. - 6 - HC-KAR CNR: KAHC010617402026 NC: 2026:KHC:50733 WP No. 28129 of 2026 6. Accordingly, the writ petition is disposed of. 7. Pending IAs, if any, stand disposed of accordingly. SD/- (S SUNIL DUTT YADAV) JUDGE SKS