Karnataka HC Counts 28 Aided-School Staff’s Pre-Grant Service For Notional Pay And Pension, Not State Salary Arrears

The 28 petitioners, teaching and non-teaching employees of aided educational institutions, sought recognition of their service from their respective initial appointment dates, including service before their posts were admitted to grant-in-aid.

They requested that this service be considered for pay fixation, increments, seniority, pensionary and other consequential service benefits, relying on the decision in W.A. No. 2476/2015 and connected matters.

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

The Court applied the clarification in paragraph 61 of the judgment in W.A. No. 2476/2015 and connected matters.

Under that ruling, pre-grant service is to be counted for notional pay fixation as on the date the post is admitted to grant-in-aid and for consequential benefits, including pension and other service benefits; however, the State is not liable for salary arrears or other monetary benefits for the pre-grant period, as the management remains responsible for salary and benefits until admission to grant-in-aid.

The petition was brought under Articles 226 and 227 of the Constitution.

The Court considered the parties’ submissions and the controlling clarification in paragraph 61 of the appellate judgment.

It held that the petitioners’ entitlement was confined to the benefits identified there: their pre-grant service was to be taken into account for notional pay fixation and consequential service benefits, but not to support a claim against the State for pre-grant salary arrears.

The petition was allowed and disposed of.

Respondents 1, 2, and 4 to 6 were directed to reckon each petitioner’s service from the initial appointment date, 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.