SECRETARY TO GOVERNMENT Vs. MARY

JUDGEMENT

(1.) This order will dispose of a bunch of 17 Writ Appeal Nos. 27, 328, 355, 420, 451, 510, 531, 537, 572, 573, 607, 669, 893, 925, 927, 945 and 956of 2004 in which common questions of law and fact arise. Since arguments were addressed only in W.A. No.27 of 2004, the facts have been taken from this case.

(2.) Respondents in all these appeals were High School Assistants working in Government/Private Schools. They all had joined service as Primary Teachers and thereafter were promoted as High School Assistants. After reviewing the promotional prospects of the employees, grade promotion was recommended in cases where the employees were stagnating on the same post without any promotional avenues. The Government, by its order dated 7.8.1986 (Ext. P3), modified its earlier orders and decided that "Primary School Teachers including Language Teachers in the Primary Section on being appointed or promoted to High School after having put in more than 10 years of service in the primary section will be given HSA grade I on completion of a total service of 20 years and Senior Grade on completion of 30 years". It was further decided that "Primary School teachers working as Senior grade Teachers and Primary School Headmasters when promoted as HSAs will be given HSA Grade I counting an aggregate service of 20 years". Again, by order dated 18.1.1991 (Ext. P4), the Government examined the matter in detail and it was decided that "Primary School Teachers including Language Teachers appointed as HSAs will be allowed the scale of pay of Primary Teachers (Selection Grade) on Rs. 1250-2230 on completion of a total service of 25 years reckoning the total service in Primary and High School sections together without any change in the designation of the post held by them". On the basis of the aforesaid Government Orders, the respondents were given the Higher Grade promotions on the post of HSAs after counting the service rendered by them as Primary Teachers. The Government, thereafter, reconsidered the matter and on the basis of some observations made by a Full Bench of this Court in Krishna Panicker v. State of Kerala (W.A. No. 844 of 1992 decided on 18.11.1993), 1993 (2) KLT 1058 , decided by its order dated 19.10.2000 that with effect from the date of the decision of the Full Bench, the High School Assistants were not entitled to count their primary school service for the grant of higher grade. The Government Order dated 7.8.1986 was held not to be in force with effect from 18.11.1993, the date on which the Full Bench decided Krishna Panicker's case (supra). To the same effect, the Government took a decision by its order dated 31.3.2001 wherein also it decided that High School Assistants were not eligible for higher grade by counting their primary school service with effect from 18.11.1993. As a consequence of these Government Orders dated 19.10.2000 and 31.3.2001, higher grade granted to the respondents after counting their service as Primary School Teachers, was withdrawn and the excess amount paid to them was sought to be recovered. It is against these orders that the respondents filed O.P.No.7348 of 2003 which came up for hearing before a learned Single Judge who allowed the Writ Petition and directed the appellants herein to restore the benefits to the respondents flowing from the orders dated 7.8.1986 and 18.1.1991 (Exts.P3 and P4). Hence, this Writ Appeal.

(3.) We have heard the learned counsel for the parties. As already observed, the High School Assistants were given the higher grade after counting their service in the primary school and that has now been withdrawn on the basis of some observations of the Full Bench in Krishna Panicker's case (supra).