Karnataka High Court
Employment and Labour LawAdministrative and Public Law

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

DR M PARVEEN TAJ vs THE STATE OF KARNATAKA

Karnataka High CourtJUDGMENT: October 05, 20262 MIN READSOURCE JUDGMENT
Pre-grant service counts for notional pay fixation and pensionary benefits, but not salary arrears.. DR M PARVEEN TAJ vs THE STATE OF KARNATAKA. Karnataka High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

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. 3

They 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. 4–5

The State submitted that relief was governed by the limitation stated in paragraph 61 of that appellate judgment

Source reference: p. 5, para. 6
02

Issues

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. 3–6

2. 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. 7
03

Law 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. 7

The 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. 7
04

Reasoning

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. 7

The High Court therefore directed the respondents to apply that clarification to the petitioners’ service records

Source reference: pp. 6–7, paras. 7–8
05

Holding

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. 7–8

The petition was allowed and disposed of.

Source reference: p. 7, paras. 7–8
Karnataka High Court

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DR M PARVEEN TAJvsTHE STATE OF KARNATAKA

Karnataka High Court · October 05, 2026

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