Karnataka High CourtEmployment and Labour LawSocial Security and Pensions

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

SRI GANESH K Sv.THE STATE OF KARNATAKA

Pre-grant service counts for notional pay fixation and pensionary benefits, but not salary arrears.. SRI GANESH K S vs THE STATE OF KARNATAKA. Karnataka High Court. LawLens
The LawLens card for this judgmentXLinkedInWhatsApp

In brief

The question

1. Whether service rendered before a post is admitted to grant-in-aid must be reckoned for notional pay fixation and consequential service and pension benefits.

The court held

Respondents 1–5 were directed to reckon each petitioner’s service from the date of appointment, including service before grant-in-aid, for notional pay fixation and calculation of pension and other service benefits.

It also directed

The consideration was to be completed within six months; no arrears or other monetary benefits from the State were available for the pre-grant period.

The petition was allowed and disposed of.

01Facts

The petitioners, teaching and non-teaching employees or their legal heirs, sought recognition of service rendered from initial appointment until the relevant posts were admitted to grant-in-aid.

pp. 20–21

They claimed that this service should be reckoned for pay fixation, seniority, increments, TBA, pension and other consequential benefits, relying on earlier court orders.

pp. 20–21

The Court considered the Division Bench’s decision in W.A. No. 2476/2015 and connected matters, particularly paragraph 61, which clarified the scope of relief for service rendered during the non-grant period.

pp. 21–22 · ¶ 3–6

02Issues

i.1. Whether service rendered before a post is admitted to grant-in-aid must be reckoned for notional pay fixation and consequential service and pension benefits.

p. 20 · ¶ 2 · p. 22 · ¶ 6–7

ii.2. Whether employees may claim salary arrears or other monetary benefits from the State for the non-grant period.

p. 22 · ¶ 6

03Law Applied

The Court applied the principle stated in paragraph 61 of the Division Bench’s decision in W.A. No. 2476/2015 and connected matters, dated 24 July 2026: service during the non-grant period may 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.

p. 22 · ¶ 6

The State is not liable for salary or other monetary benefits for the period before grant-in-aid; under Annexure I to the Rules, 1999, that payment liability rests with the institution’s management until the post is admitted to grant-in-aid.

p. 22 · ¶ 6

04Reasoning

The petitioners’ claim concerned the treatment of their pre-grant service.

pp. 21–23 · ¶ 5–7

The Court treated paragraph 61 of the Division Bench decision as controlling: it allowed that service to be counted for notional pay fixation and consequential benefits, while excluding any State liability for salary arrears or other monetary benefits for the non-grant period.

pp. 21–23 · ¶ 5–7

The Court therefore directed the respondents to reckon the petitioners’ service consistently with that limitation.

pp. 21–23 · ¶ 5–7

05Holding

Respondents 1–5 were directed to reckon each petitioner’s service from the date of appointment, including service before grant-in-aid, for notional pay fixation and calculation of pension and other service benefits.

p. 23 · ¶ 7

The consideration was to be completed within six months; no arrears or other monetary benefits from the State were available for the pre-grant period.

p. 22 · ¶ 6 · p. 23 · ¶ 7

The petition was allowed and disposed of.

p. 23 · ¶ 7
Karnataka High Court

Original Court PDF

SRI GANESH K SvsTHE STATE OF KARNATAKA

Karnataka High Court · October 14, 2026

Click to open original judgment

Original judgment, available to read, download and summarize on LawLens.in

Click to open original judgment