- 1 - HC-KAR CNR: KAHC010449242022 NC: 2026:KHC:50990 WP No. 19596 of 2022 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. 19596 OF 2022 (S-RES) BETWEEN: 1. SMT.PADMA K W/O LATE MANGAL SINGH AGED ABOUT 52 YEARS WORKING AS LECTURER IN GEOGRAPHY SRI GAVIRANGANATHA SWAMY COMPOSITE PRE UNIVERSTIY COLLEGE KOTE HOSADURGA TOWN CHITRADURGA DISTRICT - 577 527 2. SRI HANUMANTHAPPA R T S/O THIMMAPPA B H AGED ABOUT 54 YEARS WORKING AS LECTURER IN ENGLISH SRI GAVIRANGANATHA SWAMY COMPOSITE PRE UNIVERSTIY COLLEGE DODDAGHATTA AT POST HOSADURGA TALUK CHITRADURGA DISTRICT - 577 527 3. SRI MURTHAPPA R S/O RUDRAPPA AGED ABOUT 50 YEARS WORKING AS LECTURER IN KANNADA SRI GAVIRANGANATHA SWAMY COMPOSITE PRE UNIVERSTIY COLLEGE DODDAGHATTA AT POST Digitally signed by PRAKASH N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010449242022 NC: 2026:KHC:50990 WP No. 19596 of 2022 HOSADURGA TALUK CHITRADURGA DISTRICT - 577 527 4. SRI PALANETHRAPPA K S S/O SIDDALINGAPPA K S AGED ABOUT 61 YEARS RETIRED LECTURER IN HISTORY SRI GAVIRANGANATHA SWAMY COMPOSITE PRE UNIVERSTIY COLLEGE DODDAGHATTA AT POST HOSADURGA TALUK CHITRADURGA DISTRICT - 577 527 R/AT SRI SIDDALINGESHWARA NILAYA NO.414/1, BVN EXTENSION HOSADURGA TOWN 5. SRI DURUGAPPA L S/O LAKKAPPA D AGED ABOUT 42 YEARS WORKING AS D GROUP EMPLOYEE SRI GAVIRANGANATHA SWAMY COMPOSITE PRE UNIVERSITY COLLEGE KOTE HOSADURGA TOWN CHITRADURGA DISTRICT - 577 527 …PETITIONERS (BY SRI. THYAGARAJA S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF PRIMARY AND SECONDARY EDUCATION, M S BUILDING BANGALORE - 560 001 - 3 - HC-KAR CNR: KAHC010449242022 NC: 2026:KHC:50990 WP No. 19596 of 2022 2. THE DIRECTOR PRE UNIVERSITY EDUCATION 18TH CROSS SAMPIGE ROAD MALLESHWARAM BENGALURU - 560 012 3. ACCOUNTANT GENERAL PARK HOUSE ROAD BENGALURU - 560 001 4. THE DEPUTY DIRECTOR FOR PRE UNIVERSITY EDUCATION CHITRADURGA DISTRICT CHITRADURGA - 577 501 5. THE SECRETARY SRI GAVIRANGANATHASWAMY SAHAKARA VIDYA SAMSTE (R) SRIRAMPURA GAVIRANGAPURA HOSADURGA TALUK - 577 542 CHITRADURGA DISTRICT …RESPONDENTS (BY SMT. MAMATHA SHETTY, AGA FOR R1, R2 AND R4 SRI. N. AMARESH, ADVOCATE FOR R3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSITTUTION OF INDIA PRAYING TO-DIRECT 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 AID RESPECTIVELY FOR THE PURPOSE OF FIXATION OF PAY SCALE, SENIORITY - 4 - HC-KAR CNR: KAHC010449242022 NC: 2026:KHC:50990 WP No. 19596 of 2022 INCREMENTS INCLUDING TBA, PENSIONARY BENEFITS AND OTHER CONSEQUENTIAL SERVICE BENEFITS FLOWING THEREOF BY DISPOSING THE PRESENT PETITIONS IN TERMS OF THE ORDER OF THIS HONBLE COURT MADE W.P.NO.25447 OF 2010 DISPOSES OF BY ORDER DTD 16.08.2010 WHICH IS AFFIRMED BY THE DIVISION BENCH OF THIS HONBLE COURT IN W.A.NO.4788 OF 2010 DTD 22.09.2011 AND HONBLE SUPREME COURT IN SLP (CIVIL) CC NO.7365 OF 2012 DTD 02.07.2012 AND ORDER DTD 04.06.2021 PASSED IN W.P.NO.9670/2021 VIDE ANNEXURE-J, K, L AND M ETC. 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 petition has been filed seeking for reckoning of past services rendered by the petitioners from the date of initial appointments for the purpose of service benefits. The petitioners are teaching and non- teaching staff working in an aided institution. They have sought for certain benefits to be extended by taking note of the date of initial appointment i.e. the period during - 5 - HC-KAR CNR: KAHC010449242022 NC: 2026:KHC:50990 WP No. 19596 of 2022 which they worked before the institution was admitted to grant in aid. 2. Learned Government Advocate submits that the issue as on date stands covered by the direction in W.A. No.2476/2015 and connected matters. It is further submitted that the State is contemplating filing an appeal. 3. Taking note that the order in W.A.No.2476/2015 and connected matters as on date remains in operation, the matter could be disposed of taking note of observations made at para 61. Observations made at para No.61 of the aforesaid 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 governing grant-in-aid nor the statutory framework - 6 - HC-KAR CNR: KAHC010449242022 NC: 2026:KHC:50990 WP No. 19596 of 2022 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, the writ petition is disposed of. 5. Respondent No.1 is directed to take note of the observations made by the Division Bench in Para No. 61 and extend service benefits as may flow from such observations. - 7 - HC-KAR CNR: KAHC010449242022 NC: 2026:KHC:50990 WP No. 19596 of 2022 6. Pending IAs, if any, stand disposed of accordingly. SD/- (S SUNIL DUTT YADAV) JUDGE SKS