Contractual teachers recruited through open competition are entitled to proportionate service weightage for academic years regardless of whether a full year was completed, as denying such benefits constitutes injustice and contradicts established judicial precedents on service regularisation.

THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUITON OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS, DIRECTING THE RESPONDENT NO.2 SOCIETY TO CONSIDER THE REPRESENTATION OF THE PETITIONER NO.1 DATED 05.01.2026 AT ANNEXURE-H3 AND THE REPRESENTATION OF THE PETITIONER NO.2 DATED 04.10.2025 AT ANNEXURE-H2 IN ACCORDANCE WITH THE ORDERS OF THE HONBLE SUPREME COURT IN SLP NO.24767/2023 DATED 22.07.2025 AS PER ANNEXURE-C.

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

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

ORAL ORDER

In this petition, petitioners have sought for the following reliefs:-

“(i) Issue a writ of mandamus, directing the Respondent No.2 – Society to consider the representation of the Petitioner No.1 dated: 05.1.2026 at Annexrue-H3 and the representation of the petitioner No.2 dated: 04.10.2025 at Annexure-H2 in accordance with the orders of the Hon’ble Supreme Court in SLP No.24767/2023 dated: 22.07.2025 as per Annexure-C;

(ii) Issue a writ of mandamus or any other appropriate writ or direction, directing the respondents grants weightage of 5% for each academic year of service irrespective of the date of appointment and proportionate weightage to the service which is less than one half the academic year and further consider the cases of the petitioners for appointment to the posts to which petitioners have applied to meet the ends of justice.

(iii) Issue a writ of mandamus or any other appropriate writ order or direction directing the respondents include the name of the petitioners in the final select list and further consider the case of the case of the petitioners for appointment to the post of Physical Education Teacher and Hindi Teacher respectively in the service of the schools run/controlled by the Karnataka residential Institutional Society from the date on which the Respondents have appointed Teachers in the year 2019/with effect from occurrence of the vacancy or whichever is earlier and grant them fixation of pay, arrears of salary and increments and all the consequential benefits to meet the ends of justice.

(iv) Issue a writ of certiorari or any other writ, order or direction, setting aside the Impugned endorsement dated: 16.01.2021 bearing No. Kavashi.SaSa/Adalitha/HoNe/Hee 03/2014-15/1635 issued by Respondent No.2 – Society as per Annexures-G;

(v) Grant such other and further reliefs as this Hon’ble Court deems fit under the facts and circumstances of the case, in the interest of justice.”

2. Heard learned counsel for the petitioners, learned AGA for respondent No.1 and learned counsel for respondent No.2 and perused the material on record.

3. The issue in controversy involved in the present petition is directly and squarely covered by the judgment of a Co-ordinate Bench of this Court in the case of Sri. Chandra Naik and others Vs. State of Karnataka and another – W.P.No.9803/2022 dated 16.12.2025, wherein under identical circumstances, this Court held as under:

“1. The petitioners filed this writ petition seeking the following prayers.

a) Issue a writ of certiorari or any other writ quashing the endorsement dated 29.01.2021 in No. KaVaShiSaSa/ADALITA/HoNe/C.R01/2014-15 and dated 21.01.2021 in No. KaVaShiSaSa/ ADALITA/HoNe/C.R-01/2014-15 issued by the second respondent, true copy of which is produced as ANNEXURE-M & N, in the interest of justice and equity.

b) Issue a writ of mandamus or any other writ directing the respondents to consider the representation of petitioners dated 26/07/2021 and 18/03/2019 produced as Annexure-Q & Q1 series respectively and in terms of this Hon'ble court order dated 22.10.2019 in W.P.No.8113131/2015 (S-RES) which is placed at ANNEXURE-J, in the interest of justice and equity.

c