Karnataka HC Orders Two Aided-School Teachers’ Pre-Grant Service Counted For Pension And Notional Pay, Not State Salary Arrears

The petitioners, teachers employed in aided educational institutions, sought recognition of service rendered 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 benefits, relying on the judgment in W.A. No. 2476/2015 and connected matters, and sought consideration of their representation dated 14 August 2026.

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

Articles 226 and 227 of the Constitution provide the basis for the Court’s writ jurisdiction.

The Court applied the principle stated in paragraph 61 of the judgment in W.A. No. 2476/2015 and connected matters: service during the non-grant period is to be counted for notional pay fixation as of 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.

Under Annexure-I to the Rules, 1999, the institution’s management remains responsible for salary and other benefits until the post is admitted to grant-in-aid.

The Court treated paragraph 61 of the appellate judgment as determining the scope of the petitioners’ entitlement.

Applying that rule, it directed the authorities to reckon the petitioners’ pre-grant service from their respective appointment dates for notional pay fixation and the calculation of pension and other service benefits.

The direction did not extend to payment by the State of salary arrears for the non-grant period.

Respondent No. 2 was directed to take account of the petitioners’ service from their appointment dates, including pre-grant service, for notional pay fixation and calculation of pension and other service benefits, and to complete the consideration within six months.