Facts
The petitioners, teaching and non-teaching staff of Al-Ameen College of Education, sought a direction to reckon their service from their respective dates of appointment, including service before their posts were admitted to grant-in-aid, for pay fixation and consequential service benefits
Source reference: p. 4, para. 3They relied on the Karnataka High Court’s decision in W.A. No. 2476 of 2015 and connected matters, dated 24 July 2026
Source reference: p. 5, paras. 4–5The State submitted that relief was governed by the limitation stated in paragraph 61 of that appellate judgment
Source reference: p. 5, para. 6Issues
1. Whether service rendered before a post’s admission to grant-in-aid must be reckoned for notional pay fixation and consequential service benefits
Source reference: pp. 4–5, paras. 3–62. Whether the petitioners could claim salary arrears or other monetary benefits from the State for the pre-grant period
Source reference: pp. 6–7, para. 7Law Applied
The Court applied the clarification in paragraph 61 of the judgment in W.A. No. 2476 of 2015 and connected matters. Under that ruling, service rendered during the non-grant period is to be counted for notional pay fixation 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: pp. 6–7, para. 7The appellate court also referred to Annexure I of the Rules, 1999, under which the management remains liable for salary and other benefits until the post is admitted to grant-in-aid
Source reference: p. 6, para. 7Reasoning
The petitioners’ requested relief fell within the scope of the appellate court’s clarification: their pre-grant service could be reckoned for notional pay fixation and consequential benefits, but not as a basis for claiming pre-grant salary arrears from the State.
Source reference: pp. 6–7, para. 7The High Court therefore directed the respondents to apply that clarification to the petitioners’ service records
Source reference: pp. 6–7, paras. 7–8Holding
Respondents Nos. 1–3 were directed to reckon each petitioner’s service from the date of appointment, including pre-grant service, for notional pay fixation and calculation of pension and other service benefits.
The consideration was to be completed within six months; the order did not grant pre-grant salary arrears from the State
Source reference: p. 7, paras. 7–8The petition was allowed and disposed of.
Source reference: p. 7, paras. 7–8Original Court PDF
DR M PARVEEN TAJvsTHE STATE OF KARNATAKA
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