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Judgment
Though the matter is listed under the caption ‘Fresh Matters’, with the consent of both the counsel for the parties, this petition is taken up for final disposal, in view of the fact that the matter is squarely covered by the judgment of Division Bench of this Court in W.A.No.2476/2015 and connected matters, disposed on 24.07.2026.
Heard Sri.Maruthi G.B., learned counsel appearing for the petitioners and Sri.Sharad V. Magadum, learned AGA appearing for respondent Nos.1 to 12/State.
This petition is filed by the petitioner seeking following reliefs:
“WHEREFORE, the Petitioners most respectfully pray that this Hon’ble Court may be pleased to:
a)Issue a writ in the nature of Mandamus directing the Respondent Authorities to reckon the service rendered by the Petitioners from their respective dates of initial appointment, including the service rendered prior to admission of their respective posts to approval/Grant-in-Aid, for the purpose of fixation/re-fixation of pay, increments, seniority, pensionary/retired benefits and all other consequential service benefits, in accordance with the law declared by this Hon’ble Court in W.A.No.2476/2015 order dated 24/07/2026 and connected matters, which is marked at Annexure-B;
b)Issue a writ in the nature of Mandamus directing Respondents to consider the representations dated 24.08.2026, 08.09.2026 and 29.09.2026, in the light of the common judgment dated 24.07.2026 passed by this Hon’ble Court in W.A.No.2476/2015 and connected matters which is marked at Annexure-B, and to extend the benefits flowing therefrom to the Petitioners, who are similarly situated employees, representation marked at Annexure-C to C7 series.
c)Pass such other order or orders, writ or direction as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case, in the interest of justice and equity.”
The main grievance of the petitioners in this petition is that the service rendered by the petitioners prior to admitting them to the post of grant-in-aid was not considered for the purpose of pay fixation, increments, seniority, pensionary and other consequential benefits. The Co-ordinate Bench of this Court in W.P.No.21216/2014 along with other connected matters disposed on 10.07.2015, struck down the Karnataka Private Aided Educational Institutions Employees (Regulation of Pay, Pension and Other Benefit) Act 2014, which sought to exclude pre-grant service for various service and pensionary benefits. The State was in appeal in W.A.No.2476/2015 and connected matters. The Division Bench of this Court on 24.07.2026 disposed of the matter confirming the judgment passed by the Co-ordinate Bench of this Court in the aforesaid Writ Petition. The Division Bench of this Court at paragraph No.61 has held as under:
“61.It is also necessary to clarify the extent of the relief that would flow from the present judgment. The issue involved in the present batch of matters is confined to whether the service rendered by employees during the non-grant period is liable to be reckoned for the purpose of fixation of pay and other consequential service benefits. Neither the provisions governing grant-in-aid nor the statutory framework casts any liability upon the State to pay salary for the period prior to admission of the post to grant-in-aid. As produced supra, Annexure-I of Rules, 1999 would make it abundantly clear that the management shall be liable for payment of salary and other benefits till the date such posts are admitted into grantin-aid. The liability to pay salary during the non-grant period continues to rest upon the management of the concerned institution. Consequently, the service rendered during the said period shall be taken into account only for the purpose of notional fixation of pay as on the date of admission of the post to grant-in-aid and for extending consequential benefits such as pension and other service benefits. The employees shall not be entitled to claim arrears of salary or any other monetary benefits from the State for the period preceding the admission of the post to grant-in-aid.”
Since the petitioners are similarly placed, the same benefit is extended. Accordingly, this Court proceeds to pass the following:
ORDER
The Writ Petition is allowed.
The mandamus is issued to the respondents-authorities to consider the past service rendered by the petitioners from their date of initial appointment prior to admitting him to the post of grant-in-aid for the purpose of fixation/re-fixation of pay, increments, seniority, pensionary, retire benefits and all other consequential service benefits in accordance with paragraph No.61 extracted afore of the judgment dated 24.07.2026 passed in W.A.No.2476/2015 passed by the Division Bench of this Court.
The entire exercise shall be completed within a period of six weeks from today.