Judgment :- K.A. Abdul Gafoor, J. Petitioners were earlier aided school teachers. While so, they applied, at their own will through Public Service Commission, for appointment in Government service in the corresponding category . After the process of selection, they were appointed as new entrants in the Government service. They claim that the service put in by them in the aided school in the same scale of pay shall also be counted for pay fixation and weightage in the revised pay scale applicable to the teachers in Government service. Their pay was accordingly fixed reckoning the aided school service. It is now objected in audit as per Exts. P1 to P4. These audit objections are challenged in this Original Petition. Their main contention is that it is against Exts. P5 to P7. 2. The appointments the petitioners had obtained in aided school is at the instance of the respective managers of the private schools. They later applied, at their own accord for appointment in Government Schools, when the Public Service Commission notified such recruitment. They were selected, advised and consequently appointed in the Government School based on their ranking in the list prepared by the Public Service Commission. On such appointment they became new entrants in Government Service. Later pay revision is ordered. The pay revision order provides for fixation of pay in the revised scale with weightage for past service. Can they reckon their private school service for that purpose ?. 3. Each completed service made mention of in Ext. P7 Government Order containing rules for pay fixation is the service put in Government service before enforcement of the pay revision order. It shall also be service qualifying for normal increments. 4. When an aided school teacher is appointed in Government service on selection through the Public Service Commission, though in the same scale of pay, he/she cannot count his/her service in aided school for increment in the post in Government Service. The rules in Kerala Service Rules do not provide to count aided school service for the purpose of drawal of increment in Government service. On entry in service one shall draw pay only in the minimum of the pay scale, unless his case comes under any of the circumstances stipulated in proviso to Rule 28 of Part I of the Kerala Service Rules, viz. On entry in service one shall draw pay only in the minimum of the pay scale, unless his case comes under any of the circumstances stipulated in proviso to Rule 28 of Part I of the Kerala Service Rules, viz. (i) earlier appointment in the same post, (ii) earlier permanent or temporary appointment in the same time scale or (iii) earlier holding of a post on an identical time scale in a body wholly or substantially owned or controlled by Government. The petitioner has come before this Court based on this rule. Holding of temporary or permanent earlier appointment in the same post means same post in Government service and not similar post in a private school. Holding of a post in the same time scale means holding a post in Government service. Because Government need not in its rules include the privately employed persons. Aided school though regulated by statute cannot be said to be "owned or controlled by Government". It is not of course owned by Government. In the matter of appointment in aided school , there is no control by Government. Rules have been prescribed stipulating qualifications and age. The manager can appoint any one of his choice as teacher provided he is qualified. He need not be meritorious among the applicants. The manager need not even invites applications or follow the merit. On these aspects the Government have no control. Regulations regarding qualifications cannot be taken as a control over the appointing power. Even the approval stipulated does not come within it as, if an initial appointee is qualified, his appointment has to be approved. The manager can also close down his school giving notice at his own wish. The Government cannot prevent him. That shows that there is no control over his institution by Government, except certain regulatory measures in the interest of education and the students. Thus none of the conditions in the proviso to Rule 28 is satisfied. Therefore, the pay an aided school teacher was drawing at the time of his appointment through Public Service Commission in Government school cannot be protected nor the service put in can be taken for grant of increment. So it cannot be counted based on Ext. P7 to reckon for weightage on pay revision as well. 5. It has to be viewed in another angle also. So it cannot be counted based on Ext. P7 to reckon for weightage on pay revision as well. 5. It has to be viewed in another angle also. It is possible when public Service Commission prepares a list for appointment in Government Schools, that persons without aided school service rank higher than the persons with aided school service. Naturally the former will be appointed first and the latter later. If the contention of the petitioners is accepted, it will give rise to a situation of senior getting lower pay than the juniors resulting in discrimination and such juniors may be able to claim equal pay as of juniors, enhancing thus their pay resulting in a situation not envisaged or contemplated by the rules. It will be an unending process upto the senior most incumbent in service . 6. Ext. P7 does not help them in the aforesaid situation. Thus when, their aided school service is not liable to be counted for increment and consequently for weightage, there is nothing illegal in Exts. P1 to P4 audit objections. 7. Their contention with respect to Exts. P5 and P6 also does not have any legs to stand. Reading to Exts. P5 and P6 shows that the rules or orders are confined to reckon such service as qualifying service for the purpose of pension alone. Pension is covered by Part III of the Kerala Service Rules whereas pay is covered by Part I of the Kerala Service Rules. These are different aspects. So Exts. P5 and P6 cannot improve their case to resist Exts. P1 to P4 audit objections on pay fixation. Original Petition fails; dismissed.