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 c