Facts
The petitioners, serving or retired employees of aided educational institutions, sought consideration of their representation dated 27 August 2026 for financial service benefits calculated by reckoning service from their dates of appointment, including the period before their posts were admitted to grant-in-aid.
Source reference: p.8; para. 2They relied on the decision in W.P. No. 21216/2014 and connected matters, as affirmed in W.A. No. 2476/2015 and connected appeals.
Source reference: pp. 9–10; paras. 3–5Issues
Whether service rendered before a post is admitted to grant-in-aid must be reckoned for notional pay fixation and consequential service benefits.
Source reference: pp. 8–10; paras. 2, 6Whether that pre-grant service entitles employees to salary arrears or other monetary benefits from the State for the non-grant period.
Source reference: p. 10; para. 6Law Applied
The Court applied the rule stated in paragraph 61 of the Division Bench’s judgment in W.A. No. 2476/2015 and connected matters: service during the non-grant period is to be counted for notional fixation of pay as of the date the post is admitted to grant-in-aid and for consequential benefits, including pension and other service benefits; it does not create a State liability to pay salary or other monetary benefits for the pre-grant period.
Source reference: p. 10; para. 6Annexure I to the Rules, 1999 places responsibility for salary and other benefits until grant-in-aid admission on the institution’s management.
Source reference: p. 10; para. 6Reasoning
The Court treated the Division Bench’s clarification as governing the petitioners’ claim.
Source reference: pp. 9–10; paras. 5–6It therefore distinguished recognition of pre-grant service for notional fixation and consequential benefits from payment of salary for that period: the former was available, while the State was not liable for the latter.
Source reference: pp. 9–10; paras. 5–6The petitioners’ service was accordingly to be reckoned from their appointment dates for the specified notional and consequential purposes.
Source reference: p. 11; para. 7Holding
The petition was allowed and disposed of.
Respondents Nos. 1–5 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, and to complete the consideration within six months.
Source reference: pp. 10–11; paras. 6–7No entitlement to State-paid salary arrears or other monetary benefits for the pre-grant period was granted.
Source reference: pp. 10–11; paras. 6–7Original Court PDF
RAGHAVA R EvsTHE PRINCIPAL SECRETARY,
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