Karnataka High CourtEmployment and Labour LawAdministrative and Public Law

Karnataka HC Directs State To Consider 13 Private-School Staffers’ Pre-Grant Service For Benefits, But Denies Salary Arrears For That Period

NAGARAJv.THE PRINCIPAL SECRETARY

Karnataka HC Directs State To Consider 13 Private-School Staffers’ Pre-Grant Service For Benefits, But Denies Salary Arrears For That Period. NAGARAJ vs THE PRINCIPAL SECRETARY. Karnataka High Court. LawLens
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In brief

The question

1. Whether the petitioners’ service before their posts were admitted to grant-in-aid must be considered for fixation or refixation of pay and consequential service benefits.

The court held

The writ petition was allowed.

It also directed

The Court issued a mandamus directing the respondents to consider the petitioners’ pre-grant service for fixation or refixation of pay, increments, seniority, pensionary and retirement benefits, and other consequential service benefits, in accordance with paragraph 61 of the Division Bench judgment.

The exercise was ordered to be completed within six weeks.

01Facts

The petitioners, employees of aided educational institutions, sought recognition of their service before their posts were admitted to grant-in-aid for pay fixation, increments, seniority, pension and other consequential service benefits.

pp. 5–6

They relied on a representation dated 31 August 2026 and on the decisions in W.P. No. 21216/2014 and W.A. No. 2476/2015 and connected matters.

pp. 5–6

The Single Judge had struck down the Karnataka Private Aided Educational Institutions Employees (Regulation of Pay, Pension and Other Benefit) Act, 2014, insofar as it excluded pre-grant service; the Division Bench affirmed that decision on 24 July 2026.

p. 7

The petitioners sought a mandamus applying that ruling to their service.

pp. 5–6

02Issues

i.1. Whether the petitioners’ service before their posts were admitted to grant-in-aid must be considered for fixation or refixation of pay and consequential service benefits.

pp. 6–8

ii.2. Whether the petitioners are entitled to salary arrears or other monetary benefits from the State for the pre-grant period.

p. 8

03Law Applied

The Division Bench’s ruling in W.A. No. 2476/2015 and connected matters, particularly paragraph 61, governed the dispute. It held that pre-grant service is to be considered 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 to pay salary arrears or other monetary benefits for the pre-grant period.

pp. 7–8

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

pp. 7–8

04Reasoning

The Court found the petitioners similarly situated to the employees covered by the Division Bench ruling.

pp. 7–9

Applying that binding determination, it directed the authorities to take their service from initial appointment into account for pay fixation and consequential benefits, while preserving the distinction between such notional recognition and monetary liability for the pre-grant period.

pp. 7–9

05Holding

The writ petition was allowed.

p. 9

The Court issued a mandamus directing the respondents to consider the petitioners’ pre-grant service for fixation or refixation of pay, increments, seniority, pensionary and retirement benefits, and other consequential service benefits, in accordance with paragraph 61 of the Division Bench judgment.

p. 9

The exercise was ordered to be completed within six weeks.

p. 9
Karnataka High Court

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NAGARAJvsTHE PRINCIPAL SECRETARY

Karnataka High Court · November 05, 2026

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