Facts
The petitioners, teaching and non-teaching employees—some serving and others retired—from aided educational institutions sought a direction to count their service from their respective dates of appointment, including service before their posts were admitted to grant-in-aid, for pay fixation, pension, and other service benefits.
Source reference: para. 4–5They relied on the Karnataka High Court Division Bench judgment in W.A. No. 2476/2015 and connected matters, dated 24 July 2026.
Source reference: para. 5–6Issues
1. Whether service rendered before a post’s admission to grant-in-aid must be reckoned for notional pay fixation and consequential pension and other service benefits.
Source reference: para. 4, 7–82. Whether employees are entitled to salary arrears or other monetary benefits from the State for the pre-grant period.
Source reference: para. 8Law Applied
The Court applied the Division Bench’s ruling in W.A. No. 2476/2015 and connected matters, particularly paragraph 61, which confined the issue to reckoning non-grant service for pay fixation and consequential service benefits.
Source reference: para. 8Under that ruling, non-grant service is counted for notional fixation of pay as on the date the post is admitted to grant-in-aid and for consequential benefits, including pension; the institution’s management remains liable for salary and benefits during the non-grant period, and employees cannot claim arrears or other monetary benefits from the State for that period.
Source reference: para. 8The Court also referred to Annexure I of the Rules, 1999, as providing for the management’s liability until admission of the post to grant-in-aid.
Source reference: para. 8Reasoning
The Court treated the petitioners’ claim as covered by the Division Bench’s ruling.
Source reference: para. 7–8It relied on paragraph 61 to distinguish recognition of pre-grant service for notional and consequential benefits from a claim for pre-grant salary against the State.
Source reference: para. 7–8Accordingly, it directed the concerned respondents to reckon the petitioners’ service from their respective appointment dates for notional pay fixation and calculation of pension and other service benefits.
Source reference: para. 9Holding
No arrears of salary or other monetary benefits from the State are payable for the period before the posts were admitted to grant-in-aid.
The petition was allowed and disposed of. Respondents 1, 2, and 4 to 14 were directed to reckon the petitioners’ pre-grant service for notional pay fixation and consequential pension and other service benefits, and to complete the consideration within six months.
Source reference: para. 9Original Court PDF
SRI M RAJUvsTHE STATE OF KARNATAKA
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