PAVITHRAN K Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner was appointed as LPSA on 1.7.1983 in M.A.M.L.P. School, Vellakkad. The appointment of the petitioner was approved. When the Assistant-in-charge of the School resigned, the petitioner was appointed as Assistant-in-charge with effect from 5.12.1985. That appointment was also approved. The petitioner passed the Account Test (lower) in November, 1988 and became qualified to be appointed as Headmaster. The petitioner was appointed as Headmaster with effect from 5.9.1989. That appointment was approved as per Ext.P1 order passed by the Assistant Educational Officer with a rider that the petitioner would not be eligible to the scale of pay of Headmaster until acquiring fifteen years' continuous service.

(2.) The petitioner was given the Headmaster's pay scale with effect from 1.7.1998 on his completing fifteen years of service. The petitioner claims that he is entitled to the benefit of G.O.(P) No.127/88/G.Edn. dated 4.5.1999 (Ext.P3). As per Ext.P3 Government Order, all those teachers who were appointed as aided Primary School Headmasters till 15.9.1988 would be entitled to the scale of pay of Headmasters from the date of their respective appointments. The claim made by the petitioner was rejected by the Assistant Educational Officer as per Ext.P4 order holding that the appointment of the petitioner as Headmaster was approved only on 5.9.1989 and that the benefit of Ext.P3 Government Order would be available only to those persons who are appointed before 15.9.1988. The District Educational Officer confirmed Ext.P4 order, as per Ext.P5 order dated 5.6.2000. The petitioner approached the Deputy Director of Education, who, as per Ext.P6 order dated 31.7.2007, rejected the claim put forward by the petitioner. The petitioner filed revision to the Government under Rule 92 of Chapter XIVA of the Kerala Education Rules. The revision was dismissed as per Ext.P9 order dated 25.3.2009. It was held in Ext.P9 order thus:

(3.) In this Writ Petition, the petitioner challenges Exts.P4, P5, P6 and P9 orders. There is also a prayer for the issue of a writ of mandamus commanding the respondents to pay arrears of salary to the petitioner at the scale payable to the Headmasters with effect from 5.12.1985.