Pre-grant service counts for notional pay fixation and consequential benefits, but not salary arrears.

In brief

The question

1. Whether service rendered before a post was admitted to grant-in-aid must be reckoned for notional pay fixation and consequential service benefits.

The court held

The petition was allowed and disposed of.

It also directed

Respondents 1 and 2 were directed 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 consideration was to be completed within six months.

01Facts

The petitioners were current and former non-teaching employees of KVG Polytechnic College, Sullia; some were represented by their legal representatives after their death.

pp. 15–16

They sought consideration of their representation dated 29 August 2026 and financial service benefits calculated by reckoning service from their dates of appointment, including the period before their posts were admitted to grant-in-aid.

pp. 15–16

They relied on the order in W.P. No. 21216/2014 and the Division Bench judgment dated 24 July 2026 in W.A. No. 2467/2015, W.A. No. 2476/2015 and connected matters.

pp. 15–16

The State submitted that the relief available was limited by paragraph 61 of the Division Bench judgment.

p. 16

02Issues

i.1. Whether service rendered before a post was admitted to grant-in-aid must be reckoned for notional pay fixation and consequential service benefits.

pp. 15–17

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

p. 17

03Law Applied

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

p. 17

It held that Annexure I to the Rules, 1999 places responsibility for salary and other benefits up to the date of admission of a post to grant-in-aid on the institution’s management; the State is not liable for salary for the pre-grant period.

p. 17

However, pre-grant service is to be counted for notional pay fixation as at the date of grant-in-aid admission and for consequential benefits, including pension and other service benefits, without entitlement to pre-grant salary arrears from the State.

p. 17

04Reasoning

The petitioners’ claim concerned recognition of their pre-grant service for calculating service-related benefits.

pp. 16–17

The Court accepted the State’s submission that the applicable relief was governed by paragraph 61 of the Division Bench judgment, which distinguishes notional recognition of service from liability to pay salary for the pre-grant period.

pp. 16–17

It therefore directed the respondents to reckon service from the date of appointment for notional pay fixation and consequential benefits, while the stated rule excludes a claim against the State for pre-grant salary arrears.

p. 17