JUDGMENT :

H.L. Gokhale, J.

1. Leave granted.

2. Heard Mr. Sanjiv Jha, learned Counsel in support of this appeal and Ms. Yogmaya Agnihotri, learned Counsel appearing for the Respondents. This appeal raises a short question as to whether the Appellant was entitled to pay protection on the basis of his earlier service as a Teacher in the State of Madhya Pradesh after joining the Kendriya Vidyalaya Sangathan. The Appellant's case is that under the concerned Government Memorandum dated 7th August, 1989, he is entitled to the pay fixation on the basis of the last pay drawn by him in the earlier service.

3. The facts leading to this appeal are this wise. The Appellant was working as a Teacher in the M.P. State Service and he had put in a service of about 12 years whereafter he joined as a Primary Teacher in the Kendriya Vidyalaya Sangathan on 23.9.1987. He was confirmed on the post of Primary Teacher on 23.9.1989. In the meanwhile, the Order/Memorandum dated 7th August, 1989 granting pay protection was issued by the Central Government, Department of Personnel & Training. Paragraphs 2 and 3 of this Order/Memorandum read as follows:

2. The question as to how pay protection can be given in the case of candidates recruited from Public Sector Undertakings, etc. has been engaging the attention of the Government fro sometime. The matter has been carefully considered and it has been decided that in respect of candidates working in Public Sector or Autonomous bodies, who are appointed as direct recruits on selection through a property constituted agency including department authorities making recruitment directly, their initial pay may be fixed at a stage in the scale of pay attached post so that the pay and DA as admissible in the Govt. will protect the pay plus DA, already being drawn by them in their parent organization. In the event of such a stage not being available in the post which they have been recruited, they pay may be fixed at stage just below in the scale of the post to which they have been recruited so as to ensure a minimum loss to the candidates. The pay fixed under this formulation will not exceed the maximum of the scale of the post to which they have been recruited. The pay fixation is to be made by the employing Ministries/Departments after verification of all the relevant documents to be produced by the candidates who employed in such organizations.

3. These orders take effect from the first day of month in which the office memorandum is issued i.e. 1st August, 1989.

4. The Appellant continued in the service of the Kendriya Vidyalaya Sangathan until he retired some time in January, 2012. He made a representation on 17.12.1998 that by virtue of the aforesaid Government Order/Memorandum his last pay drawn ought to have been protected when he joined the Kendriya Vidyalaya Sangathan. That representation was rejected by the Respondents on 25.1.1999. The Respondents took the stand that paragraph 2 of the aforesaid Memorandum dated 7th August, 1989 clearly lays down the cut off date as 1st August, 1989 from which it becomes applicable and the Appellant had joined the Kendriya Vidyalaya Sangathan before that date i.e. on 23.9.1987. Therefore, he was not entitled to the benefit as per the said Memorandum/Circular.

5. The Appellant moved the Central Administrative Tribunal by filing an O.A. bearing No. 341/1999 and the same having been rejected, he moved the High Court of Chhattisgarh at Bilaspur by filing a writ petition. The Division Bench of the High Court rejected Writ Petition No. 5343 of 1999 by the impugned order dated 26th February, 2007. The Division Bench took the view that the protection was available to the employees who joined on or before 1.8.1989. Since the Appellant had joined the Kendriya Vidyalaya Sangathan prior to that date, he was not entitled to that benefit. Hence, this appeal.

6. If the facts were to remain as this, there was no reason for this Court to interfere. This is because now it is accepted that it is permi