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2001 Supreme(Ker) 530

K.A.ABDUL GAFOOR
Stanley – Appellant
Versus
State of Kerala – Respondent


Judgment :-

K.A. Abdul Gafoor, J.

The petitioners are now working as teachers in Government Schools. They did have, prior to commencement of Government service, approved service in aided school. That service is not counted for increment to be drawn in Government service. Their pay had been fixed to the minimum in the pay scale. Thereafter, they made representation before the Government stating about the orders passed by the Government permitting grant of service benefits taking into account the service put in aided schools. That was answered in Ext. P5 stating that the order relied on by the petitioners has been cancelled as per Ext. P7 order. In Ext. P5 Government Order it is stated that as per G.O.(P) No. 2196/99/Fin. dated 9.11.1999 Government have ordered to keep G.O.(P) No. 1480/99/Fin. dated 17.6.1999 in abeyance until further orders and hence at present there is no rules/ orders to protect the pay drawn in aided school service on getting appointment in the Government Service. In Ext. P7 it is stated that the amount drawn on the strength of the above Government Order shall be recovered. It is in the above circumstances, the petitioners have challenged Ext. P5 order rejecting t





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