Employees of aided educational institutions whose posts are admitted to salary grants have a statutory right to receive their salary, regardless of institutional administrative or student enrollment issues, and the State bears the obligation to ensure payment.

THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PARYING TO DIRECTING RESPONDENTS TO TAKE IMMEDIATE STEPS TO RELEASE THE SALARY OF THE PETITIONER FROM THE MONTH OF AUGUST 2024 AND FURTHER DIRECT THEM TO PAY THE MONTHLY SALARY AS AND WHEN THE SAME BECOMES DUE TO THE PETITIONER AND ETC.,

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

CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

ORAL ORDER

1. In this petition, petitioner is before this Court seeking the following reliefs:

a. Issue Writ of Mandamus or any other appropriate writ, order or direction directing respondents to take immediate steps to release the salary of the petitioner from the month of August 2024 and further direct them to pay the monthly salary as and when the same becomes due to the petitioner;

b. Grant such other appropriate writ, order or direction as this Hon'ble Court deems fit in the facts and circumstances of the case including the cost, in the interest of justice and equity.

2. Heard the learned counsel for the petitioner and the learned counsel for the respondents and perused the material on record.

3. Learned counsel for the petitioner submits that though the petitioner was ready and willing to continue to work as a English lecturer at the respondent Nos.3 and 4/College which is affiliated to respondent No.2/University, the respondent Nos.3 and 4 did not permit the petitioner to work from August 2024 onwards and did not pay the requisite salary payable to the petitioner from August 2024 onwards and as such, the petitioner is before this Court by way of the present petition.

4. He further submits that respondent Nos.3 and 4 have been paying salaries to the petitioner and other staff pursuant to the grant-in-aid received by them from the respondent No.1/State. Respondent No.1/State has already transferred the requisite amount to respondent No.2/University who has not forwarded the same to respondent Nos.3 and 4 for the purpose of release in favour of the Petitioner.

5. Learned counsel for the petitioner has filed a memo enclosing a copy of the communication dated 05.01.2026 issued by respondent No.2/University to respondent No.1/State, proposing transfer of petitioner and others from respondent No.4/College at Tumakuru to Sri Medha Dakshinamoorthy Samskrita College, Gokarna and respondent No.1/State may be directed to give effect to and implement the said proposal immediately so as to enable the petitioner to work as a lecturer in the said College at Gokarna within a stipulated time frame.

6. Learned counsel for the petitioner place reliance on the judgment dated 02.05.2025 rendered by this Court in the case of Omprakasha Vs. the State of Karnataka and Others passed in WP No.205675/2016 (S-RES), which is extracted as under:

1. The petitioner was appointed in the year 1997 as a Junior Training Officer (“JTO”, for short) in Respondent No.5—Institute, which was an Industrial Training Center. This Industrial Training Institute (“the ITI”, for short) was admitted to a grant on 28.03.1998 and the post of the petitioner was also admitted to a salary grant. In other words, by virtue of respondent No.5 being admitted to the grant, the petitioner became an employee of an aided institution.

2. It is the case of the petitioner that he was discharging his duties and was receiving his salaries regularly till August 2010. But, from August 2010, he was not being paid his salaries. Since the salaries were not paid, it is stated that he made a representation to the Principal of the Institute for release of his salaries and since no steps were taken, he was constrained to ultimately approach this Court in Writ Pet