49 Aided-School Employees’ Pre-Grant Service To Count For Pension, Not State Salary Arrears: Karnataka HC

The petitioners, teaching and non-teaching employees of aided educational institutions, sought recognition of their service from their initial appointment dates, including service rendered before their posts were admitted to grant-in-aid, for pay fixation and consequential service benefits.

They relied on the Karnataka High Court’s judgment in W.A. No. 2476 of 2015 and connected matters, dated 24 July 2026, and had submitted representations to the authorities.

The State submitted that the relief available was governed by paragraph 61 of that appellate judgment.

The Court applied the clarification in paragraph 61 of the judgment in W.A. No. 2476 of 2015 and connected matters, which confined the issue to recognition of non-grant service for pay fixation and consequential service benefits.

Under that rule, the service rendered before admission of a post to grant-in-aid is to be counted for notional pay fixation as at the date of admission and for consequential benefits, including pension; however, the State is not liable for salary arrears or other monetary benefits for the pre-grant period.

The Court also noted that Annexure I to the Rules, 1999 places responsibility for salary and other benefits until grant-in-aid admission on the institution’s management.

The Court treated paragraph 61 of the appellate judgment as governing the petitioners’ claims.

Because that judgment recognised pre-grant service for notional fixation and consequential benefits, the petitioners could receive those benefits on the same basis.

But the distinction drawn in paragraph 61 between service recognition and payment liability meant that the State could not be required to pay pre-grant salary arrears.

The Court accordingly directed the specified respondents to reckon service from the petitioners’ appointment dates for notional pay fixation and calculation of pension and other service benefits.

Respondents 1, 2 and 4 to 6 were directed to reckon 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 authorities were directed to complete that consideration within six months; the relief did not include pre-grant salary arrears or other monetary benefits from the State.