JUDGMENT :

Gopinath, J.

This Original Petition (KAT) is filed by the State of Kerala and its officers challenging Ext.P3 order of the Kerala Administrative Tribunal in O.A.No.(EKM) No.256/2016.

2. The brief facts are that the 1st respondent herein was working as a Lower Primary School Assistant (LPSA) in an aided school during the period from 24.8.1990 to 30.1.2001. From 31.1.2001, he was appointed as LPSA, in a Government school, following the advice of the Kerala Public Service Commission. Taking into account his service as an aided school teacher, he was granted the first higher grade w.e.f 31.1.2001 i.e. after he joined Government service and before the declaration of his probation in Government service. Similarly, he was granted the second higher grade (18 years) with effect from 1.1.2007 and the third higher grade with effect from 1.1.2003.

3. While matters stood thus, the 1st respondent was served with a copy of an audit report dated 1.4.2014 wherein, in respect of him, it was noted that the grant of the first higher grade with effect from 31.1.2001, prior to the declaration of probation in Government service was not in order. Consequently, the dates on which the second higher g