S DEVAKADAKSHAM Vs. DISTRICT EDUCATIONAL OFFICER

JUDGEMENT

(1.) ALL these writ appeals are filed by the teaching/non-teaching staff of recognized private schools, which were sanctioned grant-in-aid with effect from 1.6.1991/1.6.1994.

(2.) IN short, the grievance of the appellants is that after the sanction of grant-in aid to their schools and the sanction of the posts held by them, the services rendered by them prior to the date of sanction of grant-in aid and the sanction of the posts, were directed to be counted only for the purpose of promotion. But following a Government Order in G.O.Ms.No.18, Education, Science and Technology (T2) Department, dated 9.1.1997, passed in favour of one individual by name M.Jayaraj, the appellants were also granted the benefit of counting the past services for the purpose of pay fixation and pension. However, by a later order in G.O.Ms.No.314, School Education (T2) Department, dated 12.11.1999, the said benefit of counting the past services, for the purpose of pay fixation and pension, was withdrawn, leading to consequential orders of downward revision of pay and recovery.

(3.) WE have carefully considered the rival submissions with reference to the statutory provisions and the case law relied upon by the counsel on both sides.