Facts
The petitioners, teaching and non-teaching employees of aided educational institutions, sought consideration of their representations and a direction to reckon service from their initial appointment, including service before their posts were admitted to grant-in-aid, for pay fixation, increments, seniority, pensionary and other service benefits.
Source reference: pp. 11–12They relied on the Karnataka High Court’s decision in W.A. No. 2476/2015 and connected matters, dated 24 July 2026.
Source reference: pp. 12–13The respondents accepted notice; the State submitted that the relief was governed by paragraph 61 of that appellate judgment.
Source reference: p. 13Issues
Whether service rendered before a post’s admission to grant-in-aid must be reckoned for notional pay fixation and consequential service benefits.
Source reference: pp. 11–14Whether employees may claim salary arrears or other monetary benefits from the State for the pre-grant period.
Source reference: p. 14Law Applied
The Court applied the clarification in paragraph 61 of W.A. No. 2476/2015 and connected matters and referred to Annexure I of the Rules, 1999.
Source reference: pp. 13–14Under that clarification, pre-grant service 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. The management remains responsible for salary and other benefits during the non-grant period; employees cannot claim from the State salary arrears or other monetary benefits for that period.
Source reference: p. 14Reasoning
The petitioners’ requested relief fell within the scope of the prior appellate judgment. Applying its paragraph 61, the Court distinguished between counting pre-grant service for notional fixation and consequential service benefits, on the one hand, and claiming payment from the State for the pre-grant period, on the other.
Source reference: pp. 13–14It therefore directed the relevant authorities to reckon service from the petitioners’ respective appointment dates for the permitted purposes, without extending the State’s liability to pre-grant salary arrears.
Source reference: pp. 13–14Holding
The petition was disposed of with a direction to respondents 1, 2 and 4 to reckon the petitioners’ service from their respective dates of appointment, including pre-grant service, for notional pay fixation and calculation of pension and other service benefits.
The authorities were directed to complete the consideration within six months.
Source reference: p. 14Original Court PDF
SRI G B PALAIAHvsTHE STATE OF KARNATAKA
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