IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 18^TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA WRIT PETITION NO. 107780 OF 2014 (S-RES)

BETWEEN:

1. DR. MOHAN S/O. HANUMATHRAO KULKARNI, AGED ABOUT 64 YEARS, OCC: RETIRED FROM GOVT. SERVICE, R/O. #94, ADHYAPAK NAGAR, HUBLI.

2. DR. S.G. UDAYA SHANKAR AGED ABOUT 64 YEARS, OCC: RETIRED SERVICE, R/O. PRABHAT COLONY, VIDYANAGAR, HUBLI. 3. DR. GANGADHAR S/O. NINGONDAPPA PATIL, AGED ABOUT 64 YEARS, OCC: RETIRED SERVICE, R/O. SHANTI COLONY, VISHWESHWAR NAGAR, HUBLI-580032.

MANJANNA …PETITIONERS E (BY SRI. ANANT P.SAVADI, ADVOCATE)

D M i A g N ita JA lly N s N ig A n E ed by AND:

Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2026.02.21 1. THE STATE OF KARNATAKA

11:31:26 +0530 REPRESENTED BY ITS THE SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, M.S BUILDING, DR. AMBEDKAR ROAD, BANGALORE-560001. 2. THE SECRETARY DEPARTMENT OF MEDICAL EDUCATION VIKAS SOUDHA, DR AMBEDKAR ROAD, BANGALORE-560001.

3. THE DIRECTOR KARNATAKA INSTITUTE OF MEDICAL SCIENCES, HUBLI, VIDYANAGAR, HUBLI-580022.

…RESPONDENTS (BY SMT. NANADINI B.SOMAPUR, AGA FOR R1;

NOTICE TO R2 IS HELD SUFFICIENT VIDE ORDER DATED 26.02.2018;

SRI. MALLIKARJUN S. HIREMATH, ADVOCATE FOR R3)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OR ANY OTHER ORDER OR ANY WRIT IN THE NATURE OF WRIT OF CERTIORARI QUASHING THE ANNEXURE-C EXTENDING THE BENEFIT WITH EFFECT FROM 01.04.2011 ORDER DATED 16.12.2011 ISSUED BY RESPONDENT NO.1; AND ETC.

THIS WRIT PETITION COMING ON FOR DICTATING ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA

ORAL ORDER

The petitioners, who were serving as professors in Government Medical colleges under the State of Karnataka and retired during the year 2010, have called in question the Government Order dated 16.12.2011 (Annexure-C), whereby the State extended the benefit of revised AICTE pay scales with effect from 01.04.2011.

Brief facts

2. The petitioners were appointed as a teaching staff in the Government Medical Colleges and retired on

31.07.2010, 30.09.2010 and 31.12.2010 respectively. The All India Council for Technical Education (AICTE) revised the pay scales on 22.01.2010 with reference to the earlier regulatory framework. The State Government by order dated 16.12.2011 (Annexure-C) implemented the revised pay scale prospectively from 01.04.2011. The petitioners state that, in earlier writ petitions filed by similarly situated teaching staff, this Court directed extension of benefit from 22.01.2010. Writ appeals and SLP preferred by the State were dismissed. It is further stated that the petitioners, though in service as on 22.01.2010, were denied the benefit on the ground that they retired prior to 01.04.2011. The grievance of the petitioners is that the AICTE revised pay scales was notified on 22.01.2010, and the similarly situated teachers were granted the benefit from 22.01.2010 by orders of this Court, which have attained finality.

3. Learned counsel for the petitioners submits that the revision of pay scales was notified on 22.01.2010. This Court has already extended the benefit to similarly situated persons from 22.01.2010 and denial of benefit violates Article 14 of the Constitution. Since the petitioners were in service on 22.01.2010, they are entitled for re-fixation and consequential pension revision.

4. Per contra, learned AGA for the respondent-State contends that the Government Order dated 16.12.2011 makes the revised pay scales effective from 01.04.2011. The fixation of effective date is a policy decision involving financial implications. Since the petitioners retired prior to

01.04.2011, they are not entitled to the benefit.

5. The short question that arises for consideration is:

“Whether the petitioners are entitled to the AICTE revised pay scales from 22.01.2010?”

6. It is not in dispute that a batch of writ petitions in W.P. Nos.11120-11127/2011 was filed by the members of