ABRAHAM Vs. DIRECTOR OF PUBLIC INSTRUCTIONS

JUDGEMENT

(1.) The petitioner retired from service on 31.3.1995 while working as Head Master in V. V. M. Govt. L.P. School, Vengai. He commenced his service as P.D. teacher on 22.7.1962. He was selected and appointed as High School Assistant in January, 1972. But, according to him, his lien is retained in the cadre of P.D. teacher. Seniority list of P.D. teachers in Kollam district was published and the petitioner was ranked 3997. Based on the seniority in the list of P.D. teachers, the second respondent issued order dated 3.4.1990 promoting the petitioner as Head Master of Primary School. But, the order was never implemented. So, he filed a representation for implementation of the order on which Ext. P1 order was passed. Based on Ext. P1, 2nd respondent issued Ext. P3. Later first respondent issued a notice directing the petitioner to attend for a hearing in a proceeding to cancel Ext. P under Ext. P3. Petitioner submitted Ext. P4 written representation, stating that his lien is retained as P.D. teacher and his entitlement for promotion is based on the provisions of R.8 of Kerala State and Subordinate Services Rules. Just two days prior to the date of his retirement, Ext. P5 order was issued reverting him from the post of Head Master V. V. M. Govt. L.P. School and posting as High School Assistant. Aggrieved by the said order, this Original Petition has been filed for quashing Ext. P5 and not to give effect to the review of pay fixation order in Ext. P5.

(2.) First respondent filed a counter, contending that the petitioner has become an High School Assistant after relinquishing all rights as P.D. teacher. Therefore the petitioner cannot claim seniority in the cadre of P.D. teachers. Since the petitioner got selection as High School Assistant at his volition and risk and that too forfeiting all rights in the cadre of P.D. teacher, he cannot claim seniority in the cadre of P.D. teacher. As the petitioner got appointed as High School Assistant through Public Service Commission, his promotion was found erroneous and hence Ext. P5 order was issued cancelling his promotion as Head Master.

(3.) Petitioner filed a reply affidavit, stating that he has informed the Department by Ext. P8 that he was appointed as H.S.A, by Public Service Commission on 17.1.1972. That was acknowledged by the Deputy Director of Education, Kollam. On selection, he was ordered to be relieved as per order dated 11.1.1972. Last Pay Certificates issued by District Educational Officer and Assistant Educational Officer are produced as Exts. P7 and P7 (a).