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

The petitioners, serving or retired employees of educational institutions, sought consideration of their representation dated 28 August 2026 and grant of service benefits by counting service rendered before their posts were admitted to grant-in-aid. They relied on the decisions in W.P. No. 21216/2014 and W.A. No. 2476/2015 and connected matters.

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

Whether the petitioners’ pre-grant-in-aid service should be reckoned for pay fixation and consequential service benefits

Whether the petitioners could claim salary arrears or other monetary benefits from the State for the pre-grant-in-aid period

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

The Court applied paragraph 61 of the judgment in W.A. No. 2476/2015 and connected matters, which clarified that service rendered before a post’s admission to grant-in-aid is to be counted for notional pay fixation and consequential benefits, including pension and other service benefits, but does not entitle employees to salary arrears or other monetary benefits from the State for that period.

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

The Court treated paragraph 61 of the appellate judgment as defining the extent of the petitioners’ entitlement. That paragraph distinguished between recognition of pre-grant-in-aid service for notional fixation and consequential service benefits, and payment of salary for that period, which remained the management’s responsibility.

Accordingly, the petitioners’ service was to be reckoned from their respective dates of appointment for the benefits permitted by paragraph 61, without creating a claim against the State for pre-grant-in-aid arrears.

The respondents were directed to complete consideration and pass appropriate orders within six months; the petition was accordingly disposed of.