SUDHEER C B Vs. STATE OF KERALA

JUDGEMENT

(1.) The point that arises for decision in this case is whether a Specialist Teacher (Drawing) can claim stepping up of his salary as equal to that of a P.D.Teacher, who, admittedly entered service after the entry of the Specialist Teacher. Incidentally, the point whether an executive order issued by the Government could be modified by a Government letter or circular, also arises for consideration in this appeal.

(2.) The brief facts of the case are the following :

(3.) We heard the learned counsel for the appellant. The learned counsel submitted that the benefit flowing from a Government Order, cannot be modified or withdrawn by a circular, in the nature of Ext.P3. The said submission is supported by Exts.P4 and P5 Judgments. In any view of the matter, the payment already made, may not be recovered, it was submitted. The learned Government Pleader, on the other hand, supported the decision of the learned Single Judge, relying on the stand taken by the 2nd respondent in his counter affidavit.