An aided school employee's past service must be counted for pay fixation upon subsequent appointment in accordance with applicable government orders.

O R D E R

Heard the learned counsel for the petitioner and the learned Additional Government Pleader appearing for the first to third respondents.

2. This Writ Petition has been filed challenging the order of the second respondent dated 23.12.2020 bearing reference No.Oo.Mu.No. 4043/Aa3/2020 and the consequential order of the third respondent dated

07.01.2021 bearing reference No.Oo.Mu.No.5147/A5/2019.

3. The petitioner, who was initially appointed as B.T. Assistant (Science) in Nathan Girls Higher Secondary School, Nerkundram, Ponneri Educational District, Thiruvallur District on 04.06.2007, was subsequently selected and appointed as B.T. Assistant (Science) in T.D.T.A. Higher Secondary School, Christianagaram, Thoothukudi District on 08.08.2014 under C.S.I. - Thoothukudi Nazareth Diocese Corporation Management.

4. Accordingly, she was relieved from the previous school and joined T.D.T.A. Higher Secondary School, Christianagaram, Thoothukudi District on 08.08.2014. However, the pay of the petitioner was fixed in T.D.T.A. Higher Secondary School treating her as a fresh appointee without taking into consideration the services rendered by her in Nathan Girls Higher Secondary School.

5. Hence, the petitioner made a claim for fixation of her pay by duly taking into consideration the service rendered by her in the previous school. The said claim of the petitioner was rejected by the second respondent through the impugned proceedings dated 23.12.2020 and the same was communicated to the petitioner through the proceedings dated 07.01.2021. Aggrieved by the said proceedings dated 23.12.2020 and

07.01.2021, the petitioner has filed the present Writ Petition.

6. The learned counsel for the petitioner submits that in terms of various Government Orders issued from time to time, including G.O.(Ms) No.536, Education and Public Health Department, dated 13.04.1986, G.O. (Ms) No.1580, Education Department, dated 18.10.1969 and G.O.(Ms) No.992, Education Department, dated 22.06.1979, the petitioner herein is entitled to count the services rendered by her in the previous school for the purpose of fixation of pay in the school in which she was subsequently appointed. He also places reliance on the decision of a learned Single Judge of this Court in W.P.No.6714 of 2018 dated 08.12.2022 [G.Senthilkumar vs. Director of Elementary Education, Chennai – 600 006 and others] as well as the decision of the Hon'ble Division Bench of this Court in W.A.No.3868 of 2019 dated 16.10.2020 [The Secretary to Government, Department of School Education, Fort St. George, Chennai – 600 009 and another vs. G. Rufus David].

7. On the other hand, the learned Additional Government Pleader appearing for the first to third respondents places reliance on the decision of another Hon'ble Division Bench of this Court in W.A.No.1118 of 2019 dated 05.03.2021 [The Government of Tamil Nadu, rep. by the Secretary to Government, School Education Department, Fort St. George, Chennai – 9 and others vs. S. Arulmani] to contend that the petitioner is not entitled to count the past services rendered by her in the previous school for the purpose of fixation of pay.

8. This Court has carefully considered the submissions made on either side and also perused the entire material available on record.

9. As far as the decision relied upon by the learned Additional Government Pleader in W.A.No.1118 of 2019 dated 05.03.2021 [The Government of Tamil Nadu, rep. by the Secretary to Government, School Education Department, Fort St. George, Chennai – 9 and others vs. S. Arulmani] is concerned, this Court is of the view that the same has no application to the facts of the present case, since it deals with a totally di