Sri B Jayadevappa Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

Sri B Jayadevappa Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed of in terms of the order passed in W.P.No.25447/2010, with a direction to the respondents to consider the petitioner's case in accordance with law after due verification of credentials and entitlement.

Issue for consideration

Whether the petitioner, a retired principal of a grant-in-aid private educational institution, is entitled to have his past service from the date of initial appointment up to the date of approval of his appointment with aid reckoned for fixation of pay scale, seniority, increments including TBA, pensionary and other consequential monetary benefits, in terms of the orders in W.P.No.25447/2010, W.A.No.4788/2010 and SLP (Civil) CC No.7365/2012.

Court's answer

The petitioner is similarly situated to the petitioners in W.P.No.25447/2010, and the issue raised is squarely covered by the order passed by the Co-ordinate Bench of this Court in that writ petition.

Ratio / Principle

The writ petition is disposed of in terms of the order passed in W.P.No.25447/2010, with a direction to consider the case of the petitioner in accordance with law after due verification of credentials and entitlement.

Key takeaways

The disposal in terms of the earlier order (rather than fresh adjudication) is reasoned on the ground that the petitioner need not knock the doors of this Court again if the pending writ appeal before the Division Bench is decided in favour of the identically placed petitioners therein.ratio¶69

Detailed headnote1 paragraphs

Writ Petition (S-RES) — Reckoning of past service in grant-in-aid private educational institution — Petitioner, a retired Principal aged about 65 years, sought a mandamus to reckon and count his past service from initial appointment up to approval of appointment with aid, for fixation of pay scale, seniority, increments including TBA, pensionary and other consequential monetary benefits, in terms of the order dated 16.08.2010 in W.P.No.25447/2010, affirmed in W.A.No.4788/2010 (22.09.2011) and confirmed in SLP (Civil) CC No.7365/2012 — Held: the petitioner is similarly situated and his claim is squarely covered by the Co-ordinate Bench order in W.P.No.25447/2010 — Writ petition disposed of in terms of that order, with a direction to consider the petitioner's case in accordance with law after due verification of credentials and entitlement — Order passed with reference to the pending W.A.No.2476/2015 and connected matters before the Division Bench (Ashok S. Kinagi, J.).

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3^RD DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE ASHOK S.KINAGI

WRIT PETITION NO. 3321 OF 2022 (S-RES)

BETWEEN:

SRI B JAYADEVAPPA S/O LATE BASAPPA AGED ABOUT 65 YEARS

RETIRED PRINCIPAL UNIVERSITY SRIMAD RAMBAPURI FIRST

GRADE COLLEGE

SHANKARAGHATTA

BHADRAVATHI TALUK-577245

Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA

SHIVAMOGGA DISTRICT R/AT BANASHANKARI NILAYA

GALIHALLI CROSS NEAR KRISHNA CONVENT, TARIKERE CHIKKAMAGALORE DISTRICT

…PETITIONER

(BY SRI. M.D.KRUPESH, ADV. FOR

SRI. PADMANABHA R, ADV.)

AND:

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THE STATE OF KARNATAKA

REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF HIGHER EDUCATION M S BUILDING DR AMBEDKAR VEEEDHI

BENGALURU-560001.

THE COMMISSIONER FOR COLLEGIATE EDUCATION PALACE ROAD

BENGALURU-560001.

THE REGIONAL JOINT DIRECTOR DEPARTMENT OF COLLEGIATE EDUCATION SHIVAMOGGA DIVISION SHIVAMOGGA-572201.

ACCOUNTANT GENERAL (A AND E) PARK HOUSE ROAD

BENGALURU-560001

THE REGISTRAR (ADMINISTRATION) KUVEMPU UNIVERSITY SHANKARAGHATTA BHADRAVATHI TALUK-577245 SHIVAMOGGA DISTRICT.

…RESPONDENTS

(BY SMT. B.P.RADHA, AGA FOR R1 TO R4,

SRI. S.V.PRAKASH, ADV. FOR R5)

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THIS WP FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO RECKON AND COUNT THE PAST SERVICE RENDERED BY THE PETITIONER FROM THE DATE OF HIS INITIAL APPOINTMENT UP TO TE DATE OF APPROVAL OF HIS APPOINTMENT WITH AID FOR THE PURPOSE OF FIXATION OF PAY SCALE, SENIORITY, INCREMENTS INCLUDING TBA, PENSIONARY BENEFITS AND OTHER CONSEQUENTIAL SERVICE AND MONITORY BENEFITS FLOWING THEREOF BY DISPOSING THE PRESENT PETITION IN TERMS OF THE ORDER DATED 16.08.2010 PASSED IN W.P.NO.25447 OF 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 NO.7365 OF 2012 DATED 02.07.2012, W.P.NO.11299-11306/2013 DISPOSED OF ON 30.07.2013 AND W.P.NO.29293-94/2013 DISPOSED OF ON 16.07.2013 VIDE ANNEXURE-L, M, N, R AND S RESPECTIVELYPOST THIS W.P. FOR PRELIMINARY HEARING BEFORE SINGLE JUDGE.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI

ORAL ORDER

The petitioners have filed this petition seeking the

following prayers:

"a) Issue a writ in the nature of mandamus directing the respondents to reckon and count the past service rendered by the petitioner from the date of his initial appointment up to the date of approval of his appointment with aid for the purpose of fixation of pay scale, seniority, increments including TBA, Pentionary benefits and other consequential service and monitory benefits flowing thereof by disposing the present petition in terms of the order dated 16.08.2010 passed in W.P.No.25447/2010 which is affirmed by the Division Bench of this HOn'ble Court in W.A.No.4788/2010 dated 22.09.2011 and Hon'ble Supreme Court in SLP (Civil) CC No.7365/2012 dated 02.07.2012, W.P.No.1129911306/2013 disposed of on 30.07.2013 and W.P.No.29293-94/2013 disposed of on 16.07.2013 vide Annexure-L, M, N, R and S respectively;

b) Issue such other orders, directions as deemed fit in the circumstances of the case and allow this writ petition with exemplary costs, in the interest of justice.

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Heard the learned counsel for the petitioner and

also the learned Additional Government Advocate for respondent Nos.1 to 4.

The petitioner was appointed in various cadre of his respective School/College, which is private headed educational institutions, to both teaching and non-teaching posts. The petitioner was admitted to grant-in-aid in terms of his respective government order.

The learned counsel for the petitioner contends

that the claim is covered in terms of the order dated 16.08.2010 passed by this Court in W.P.No.25447/2010, order dated 22.09.2011 passed in W.A.No.4788/2010, and order dated 02.07.2012 passed in Special Leave to Appeal (Civil) CC No.7365/2012. Hence, prays to dispose off the writ petition in terms of the orders passed by this Court in W.P.No.25447/2010.

Per contra , learned Additional Government

Advocate appearing for the State would accept that the

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matter is covered by the aforesaid judgments, but submits that the matter is pending before the learned Division Bench in W.A.No.2476/2015 and connected matters. Hence, the order to be passed in this writ petition shall be subject to the outcome of W.A.No.2476/2015 and connected matters. Hence, he prays to dispose off the writ petition.

Perused the records and considered the

submissions of the learned counsel for the parties.

The claim made by the petitioner is squarely covered by the order passed by this Court in W.P.No.25447/2010 disposed off on 16.08.2010, which was confirmed by the Division Bench in W.A.No.4788/2010 vide order dated 22.09.2011. The order passed by the learned Single Judge and the Division Bench was confirmed by the Hon’ble Apex Court in Special Leave to Appeal (Civil) CC No.7365/2012 disposed off on 06.12.2012. The Co-ordinate Bench considering the orders

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passed in the writ petition, writ appeal and SLP, has passed the order. The petitioner is similarly situated and the issue raised is squarely covered by the order passed by the Co-ordinate Bench of this Court in the W.P.No.25447/2010.

Accordingly the writ petition stands disposed off in terms of the order passed in W.P.No.25447/2010 with a direction to consider the case of the petitioner in accordance with law after due verification of credentials and their entitlement, for the reason that the petitioner need not knock the doors of this Court again, in the event, the pending writ appeal before the Division Bench is in favour of the petitioner therein who are identically placed as the petitioner herein.

Sd/(ASHOK S.KINAGI) JUDGE

SSB