12 Aided-School Employees’ Pre-Grant Service To Count For Notional Pay And Pension, But No State Salary Arrears: Karnataka HC

The petitioners, teaching and non-teaching employees of aided educational institutions, sought to have service rendered from their initial appointment—including service before their posts were admitted to grant-in-aid—reckoned for pay fixation, increments, seniority, pension and other service benefits.

They relied on the Karnataka High Court Division Bench judgment in W.A. No. 2476/2015 and connected matters, dated 24 July 2026, and sought consideration of their representations.

The State submitted that the relief was governed by the clarification in paragraph 61 of that judgment.

The Court applied the Division Bench’s clarification in paragraph 61 of its judgment in W.A. No. 2476/2015 and connected matters, dated 24 July 2026.

Under that clarification, pre-grant service is to be counted for notional pay fixation as at the date the post is admitted to grant-in-aid and for consequential benefits, including pension and other service benefits; it does not create a right to claim salary arrears or other monetary benefits from the State for the pre-grant period.

Annexure-I to the Rules, 1999 places responsibility for salary and other benefits during that period on the institution’s management.

The petitioners’ claims fell within the scope of the Division Bench’s ruling because they sought recognition of service rendered before their posts were admitted to grant-in-aid.

The Court adopted the limitation set out in paragraph 61: that service could be reckoned for notional pay fixation and consequential benefits, but not to impose on the State liability for pre-grant salary arrears.

It therefore directed the authorities to reckon the petitioners’ service from their respective appointment dates for the permitted purposes.

Respondent No. 1 was directed to take account of the petitioners’ service from their respective appointment dates, including pre-grant service, for notional pay fixation and calculation of pension and other service benefits.

The consideration was to be completed within six months; the order did not grant State-paid salary arrears for the pre-grant period.