- 1 - HC-KAR CNR: KAHC010001522024 NC: 2026:KHC:53979 WP No. 821 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 821 OF 2024 (S-RES) BETWEEN: SMT. RUKMINI N. W/O RAMESH B. M., AGED ABOUT 56 YEARS, LECTURER IN KANNADA, NEHRU KENNEDY PRE-UNIVERSITY COLLEGE, BYRAKUR, MULBAGAL TALUK, KOLAR DISTRICT - 563101. …PETITIONER (BY SRI. RAMAMURTHY H. S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF PRIMARY AND SECONDARY EDUCATION, M S BUILDING, DR AMBEDKAR VEEDHI, BENGALURU - 560001. 2. THE DIRECTOR, PRE-UNIVERSITY EDUCATION DEPARTMENT, 18TH CROSS, MALLESHWARAM, BENGALURU - 560003. 3. THE DEPUTY DIRECTOR, REP. BY RAMACHANDRA, Digitally signed by VIDYA G R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010001522024 NC: 2026:KHC:53979 WP No. 821 of 2024 DEPUTY DIRECTOR OF PRE-UNIVERSITY, DEPARTMENT OF EDUCATION, 2ND FLOOR, D C OFFICE KOLAR, KOLAR DISTRICT - 563101. 4. THE PRINCIPAL, NEHRU KENNEDY, PRE-UNIVERSITY COLLEGE, BYRAKUR, MULBAGAL TALUK, KOLAR DISTRICT - 563101. …RESPONDENTS (BY SMT. ASHVINI PATIL, AGA FOR R1 TO R3; SRI. PRAKASH M.K., ADVOCATE FOR R4) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.2 AND 3 TO EXTEND PETITIONER ALL SERVICE BENEFITS INCLUDING PENSION FROM THE DATE OF INITIAL APPOINTMENT I.E. ON 16/09/1998 AND NOT FROM THE DATE OF APPROVAL OF APPOINTMENT WITH-AID I.E. ON 23/06/2007 AS CONSIDERED BY THIS HON'BLE COURT IN WP NO.25447/2010 DATED 16/08/2010 WHICH WAS CONFIRMED WRIT APPEAL NO.4788/2010 (S-REG) DATED 22/09/2011 AS FOUND AT ANNEXURE-H AND J AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR CNR: KAHC010001522024 NC: 2026:KHC:53979 WP No. 821 of 2024 CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV ORAL ORDER The present petition has been filed seeking for issuance of writ in the nature of mandamus to direct respondents No.2 and 3 to extend to the petitioner, all service benefits including pension by taking note of the date of initial appointment i.e., on 16.09.1998, without taking note of the date of approval of appointment which is subsequent in point of time i.e., 23.06.2007. 2. The petitioner is stated to have been appointed as Optional Kannada Lecturer in the respondent No.4 - Institution and relief is sought for as referred to above. 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 - HC-KAR CNR: KAHC010001522024 NC: 2026:KHC:53979 WP No. 821 of 2024 4. A perusal of the said order would reveal that writ petitions assailing the constitutional validity of the Act in question was allowed 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 that flows to the petitioners is on the basis of the observations made in para 61 of the order in appeal. 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: "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- - 5 - HC-KAR CNR: KAHC010001522024 NC: 2026:KHC:53979 WP No. 821 of 2024 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." Taking note of the above, entitlement of the petitioner would be as observed by the Court in the observations contained in para 61. 7. Accordingly, the petition is allowed. Respondents No.2 and 3 to take note of the observations made above and take service of the petitioner from the date of appointment i.e., appointment pre grant in aid for the purpose of notional fixation of pay in order to calculate benefits such as pension and other service benefits. Such - 6 - HC-KAR CNR: KAHC010001522024 NC: 2026:KHC:53979 WP No. 821 of 2024 consideration to be completed within a period not later than six (6) months. Accordingly, the petition is disposed of. Sd/- (S SUNIL DUTT YADAV) JUDGE MCR List No.: 2 Sl No.: 10