Facts
The petitioners, teaching and non-teaching employees of educational institutions, sought consideration of their representation dated 27 August 2026 for financial and service benefits based on the Karnataka High Court’s decisions in W.P. No. 21216 of 2014 and W.A. No. 2476 of 2015 and connected matters.
Source reference: p. 4, para. 2They relied particularly on paragraph 61 of the appellate judgment, which addressed how service during the non-grant period was to be treated.
Source reference: pp. 4–6, paras. 3–6The State submitted that any relief was confined to the terms of that paragraph.
Source reference: p. 5, para. 5Issues
Whether the petitioners’ service rendered before their posts were admitted to grant-in-aid should be reckoned for the purpose of the service benefits specified in paragraph 61 of the appellate judgment.
Source reference: pp. 4–6, paras. 2–6Whether the petitioners were entitled to salary arrears or other monetary benefits from the State for the pre-grant period.
Source reference: p. 6, para. 6Law Applied
The Court applied paragraph 61 of the judgment in W.A. No. 2476 of 2015 and connected matters, which held that service during the non-grant period may be counted for notional pay fixation as on the date the post is admitted to grant-in-aid and for consequential benefits, including pension and other service benefits.
Source reference: p. 6, para. 6Under Annexure I to the Rules, 1999, the management remains responsible for salary and other benefits until the post is admitted to grant-in-aid; accordingly, employees cannot claim arrears of salary or other monetary benefits from the State for the preceding period.
Source reference: p. 6, para. 6Reasoning
The Court accepted the State’s submission that the petitioners’ entitlement was governed by paragraph 61 of the appellate judgment.
Source reference: p. 5, para. 5It therefore directed that their pre-grant service be reckoned only to the extent permitted by that paragraph: for notional pay fixation and consequential service benefits, but not for a claim against the State for pre-grant salary arrears or other monetary benefits.
Source reference: p. 6, para. 6; p. 7, para. 7Holding
The petition was allowed, with respondents 1 and 2 directed to reckon the petitioners’ service from their respective dates of appointment, including pre-grant service, for benefits flowing from paragraph 61 of the appellate judgment.
The respondents were directed to complete consideration and pass appropriate orders within six months.
Source reference: p. 7, para. 8Original Court PDF
M PRAKASHvsTHE PRINCIPAL SECRETARY
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