IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE B.P.RAY THURSDAY, THE 17TH FEBRUARY 2011 / 28TH MAGHA 1932 WA.No. 1827 of 2010() ------------------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.15697/2010 Dated 14/06/2010 .................... APPELLANT(S): PETITIONER ------------------------------------------- A.ANZAR ,DIVISIONAL ACCOUNTANT (KERALA GENERAL SERVICE)O/.O THE EXECUTIVE ENGINEER, P.W.D ROADS DIVISION, PAINAVU, IDUKKI DISTRICT. BY ADVS. SRI.V.A.MUHAMMED SRI.M.SAJJAD RESPONDENT(S): RESPONDENT ----------------------------------------------- 1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT,DEPARATMENT OF FINANCE,SECRETARIAT,THIRUVANANTHAPURAM-695 001. 2. THE SECRETARY TO GOVERNMENT, DEPARATMENT OF GENERAL EDUCATION, SECRETARIAT,THIRUVANANTHAPURAM-695 001. 3. THE ACCOUNTANT GENERAL (A&E)KERALA, OFFICE OF THE ACCOUNTANT GENERAL (A&E) THIRUVANANTHAPURAM BY GOVT. PLEADER SMT.T.B.RAMANI THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 17/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss C.N.Ramachandran Nair & Bhabani Prasad Ray, JJ. ==================================== W.A.No.1827 of 2010 ==================================== Dated this the 17th day of February, 2011. JUDGMENT Ramachandran Nair, J. Heard the counsel appearing for the appellant and Government Pleader. Appellant, while serving as a Higher Secondary School Teacher, applied for selection to the post of Divisional Accountant in the Public Works Department. In the direct recruitment process, appellant got selection, underwent training and was appointed as Divisional Accountant. The appellant claims pay protection as a Higher Secondary School Teacher based on Rules. However, repeated requests were turned down by the Government for the reason that the provision does not apply to those who are directly recruited. Further, in Ext.P5, Government has referred to G.O.(P) No.211/2005/Fin dated 11.5.2005 where it is decided that pay protection is not admissible in case of appointments from higher scale to lower scale by direct recruitment. Learned single Judge WA1827/10 -:2:- finds merit in this because, no rule permits pay protection in the case of employees appointed under direct recruitment. We do not find any ground to interfere with the judgment of the learned single Judge. Even though counsel has referred to Annexure-1 produced in writ appeal which provides the Rules for initial recruitment and training of Divisional Accountants, we do not find any ground to interfere with the finding of the learned single Judge because Government Order above referred is not in favour of the appellant. Appeal is accordingly dismissed. C.N.Ramachandran Nair, Judge. Bhabani Prasad Ray, Judge. sl.