J AMBUJAKSHY Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioners were earlier aided school teachers. While so, they applied, at their own will through Public Service Commission, for appointment in Government service in the corresponding category. After the process of selection, they were appointed as new entrants in the Government service. They claim that the service put in by them in the aided School in the same scale of pay shall also be counted for pay fixation and weightage in the revised pay scale applicable to the teachers in Government service. Their pay was accordingly fixed reckoning the aided school service. It is now objected in audit as per Exts. P1 to P - 4. These audit objections are challenged in this Original Petition. Their main contention is that it is against Exts. P - 5 to P - 7.

(2.) The appointments the petitioners had obtained in aided school is at the instance of the respective managers of the private schools. They later applied, at their own accord for appointment in Government schools, when the Public Service Commission notified such recruitment. They were selected, advised and consequently appointed in the Government school based on their ranking in the list prepared by the Public Service Commission. On such appointment they became new entrants in Government service. Later pay Revision is ordered. The pay revision older provides for fixation [of pay in the revised scale with weightage for past service. Can they reckon their private school service for that purpose

(3.) Each completed service made mention of in Ext. P - 7 Government Order containing rules for pay fixation is the service put in Government service before enforcement of the pay revision order. It shall also be service qualifying for normal increments.