Karnataka High CourtEmployment and Labour LawAdministrative and Public Law

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

B.K. MANJUNATHAv.THE PRINCIPAL SECRETARY,

Pre-grant service counts for notional pay fixation and consequential benefits, but not salary arrears.. B.K. MANJUNATHA vs THE PRINCIPAL SECRETARY,. Karnataka High Court. LawLens
The LawLens card for this judgmentXLinkedInWhatsApp

In brief

The question

Whether the petitioners’ service before their posts were 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 to 3 were directed to reckon the petitioners’ service from their dates of appointment, including pre-grant service, for notional pay fixation and calculation of pension and other service benefits, and to complete that consideration within six months.

The order did not grant State-funded salary arrears for the non-grant period.

01Facts

The petitioners, teaching and non-teaching staff, sought consideration of their representation dated 27 August 2026 for financial service benefits calculated from their dates of appointment, including service rendered before their posts were admitted to grant-in-aid.

¶ 2

They relied on the decisions in W.P. No. 21216/2014 and connected matters, and the subsequent writ appeals.

¶ 2

The State submitted that the relief was governed by paragraph 61 of the appellate judgment dated 24 July 2026.

¶ 2–5

02Issues

i.Whether the petitioners’ service before their posts were admitted to grant-in-aid must be reckoned for notional pay fixation and consequential service benefits

¶ 2, 6

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

¶ 6

03Law Applied

The Court applied the clarification in paragraph 61 of the judgment in W.A. No. 2476/2015 and connected matters, which confined the issue to reckoning service during the non-grant period for pay fixation and consequential benefits.

¶ 6

Under that clarification, the management remains liable for salary and other benefits until the post is admitted to grant-in-aid, as reflected in Annexure-I to the Rules, 1999.

¶ 6

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, but does not entitle employees to arrears of salary or other monetary benefits from the State for the pre-grant period.

¶ 6

04Reasoning

The Court accepted the State’s submission that the petitioners’ entitlement was controlled by paragraph 61 of the appellate judgment.

¶ 5–7

It therefore distinguished recognition of pre-grant service for notional fixation and consequential benefits from liability to pay salary for that period.

¶ 5–7

Applying that distinction, the Court directed the authorities to reckon service from the date of appointment, while limiting the relief to notional fixation and resulting service benefits.

¶ 5–7

05Holding

The petition was allowed and disposed of.

¶ 7

Respondents 1 to 3 were directed to reckon the petitioners’ service from their dates of appointment, including pre-grant service, for notional pay fixation and calculation of pension and other service benefits, and to complete that consideration within six months.

¶ 7

The order did not grant State-funded salary arrears for the non-grant period.

¶ 6–7
Karnataka High Court

Original Court PDF

B.K. MANJUNATHAvsTHE PRINCIPAL SECRETARY,

Karnataka High Court · October 14, 2026

Click to open original judgment

Original judgment, available to read, download and summarize on LawLens.in

Click to open original judgment