Facts
The petitioners, teaching and non-teaching employees who had worked at Vaikuntabaliga College of Law, sought consideration of their representation dated 27 August 2026 and financial service benefits calculated from their dates of appointment, including service rendered before their posts were admitted to grant-in-aid.
Source reference: p. 4, para. 2They relied on the orders in W.P. No. 21216 of 2014 and connected matters, affirmed in W.A. Nos. 2467 and 2476 of 2015 and connected matters.
Source reference: pp. 4–5, paras. 3–4The State submitted that the relief was governed by paragraph 61 of the appellate judgment.
Source reference: p. 5, para. 5Issues
Whether service rendered before a post’s admission to grant-in-aid must be counted for notional pay fixation and consequential service benefits.
Source reference: p. 4, para. 2; p. 7, para. 7Whether the petitioners could claim salary arrears or other monetary benefits from the State for the pre-grant period.
Source reference: p. 6, para. 6, quoting para. 61 of the appellate judgmentLaw Applied
Under paragraph 61 of the appellate judgment, read with Annexure-I of the Rules, 1999, the institution’s management remains liable for salary and other benefits until a post is admitted to grant-in-aid. Service during that non-grant period is nevertheless to be counted for notional pay fixation as of the date of admission to grant-in-aid and for consequential benefits, including pension and other service benefits; employees cannot claim salary arrears or other monetary benefits from the State for the pre-grant period.
Source reference: p. 6, para. 6, quoting para. 61 of the appellate judgmentThe petition was brought under Articles 226 and 227 of the Constitution.
Source reference: p. 4Reasoning
The Court treated paragraph 61 of the appellate judgment as controlling the petitioners’ entitlement.
Source reference: pp. 6–7, paras. 6–7It distinguished recognition of pre-grant service for notional fixation and consequential benefits from any State liability to pay salary for that period.
Source reference: pp. 6–7, paras. 6–7Accordingly, it directed the authorities to reckon service from the date of appointment for notional pay fixation and calculation of benefits, while the limitation on State liability for pre-grant salary remained applicable.
Source reference: pp. 6–7, paras. 6–7Holding
The Court allowed the petition and directed respondents 1 and 2 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.
The authorities were directed to complete that consideration within six months.
Source reference: p. 7, para. 7Original Court PDF
DR. PRAKASH KANIVEvsTHE PRINCIPAL SECRETARY,
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