STANLEY Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioners are now working as teachers in Government schools. THEy did have, prior to commencement of Government service, approved service in aided school. That service is not counted for increment to be drawn in Government service. THEir pay had been fixed to the minimum in the pay scale. THEreafter, they made representation before the Government stating about the orders passed by the Government permitting grant of service benefits taking into account the service put in aided schools. That was answered in Ext. P5 stating that the order relied on by the petitioners has been cancelled as per ext. P7 order. In Ext. P5 Government Order it is stated that as per G. O. (P) No. 2196/99/fin. dated 9. 11. 1999 Government have ordered to keep G. O. (P) No. 1480/99/fin. dated 17. 6. 1999 in abeyance until further orders and hence at present there is no rules/ orders to protect the pay drawn in aided school service on getting appointment in the Government Service. In Ext. P7 it is stated that the amount drawn on the strength of the above Government Order shall be recovered. It is in the above circumstances, the petitioners have challenged ext. P5 order rejecting their claim and Ext. P7 order, cancelling the order which according to the petitioner permitted counting of aided school service for the purpose of reckoning increment in the Government service.

(2.) THE increment payable in a particular time scale for government servant is governed by Rr. 31,32 and 33 of Part I of Kerala Service rules. THE said Rules does not provide for counting of aided school service for granting increment after commencement of Government service in the respective time scale. No rule is pointed out to enable such counting of service rendered in aided school. THE only contention urged before me is relying on Exts. P1, p2, P4, those are orders issued granting the benefit of increment reckoning the aided school services in the case of others. Relying on those orders the petitioners contended that there is violation of Art. 14 of the Constitution of india. Art. 14 of the Constitution of India protects all persons from discrimination shown by the State organs and it prohibits unequal treatment of equal persons. Petitioner relied on the decision reported in Aleyamma George v. State of Kerala (1991 (2) KLT 748 ).