ASST EDUCATIONAL OFFICER Vs. VELAYUDHAN KURUP

JUDGEMENT

(1.) The School Education Department represented by the Assistant Educational Officer, Kilimanoor has preferred this writ appeal against the judgment of a learned single Judge of this Court allowing O. P. No. 791 of 1979 and quashing the order Ext. P-1 dated 23-2-1979 passed by the Assistant Educational Officer declaring that the writ petitioner must be considered to have retired from service as Headmaster. Madavoor Government Lower Primary School on 11-11-1978 and directing the petitioner to hand over charge of all school records forthwith to the Senior Assistant of the school and also to refund the pay and allowances drawn by him from 12-11-1978.

(2.) The writ petitioner (respondent before us) was working as tile Headmaster of a Government Lower Primary School at Madavoor. He was due to attain the age of 55 years on 11-11-1978. The petitioner applied for commuted leave for the period from 12-10-'78 to 19 11 1978 and the leave was sanctioned to him as per an order dated 29-10-1978 passed by the Assistant Educational Officer. On the expiry of the leave, ' the petitioner rejoined duty on 20-11-1978 and continued to work in the school by virtue of the provision contained ia R.60, clause (c) of Part.1 of the Kerala Service Rules, which lays down that the teaching staff of all educational institutions who complete the age of 55 years during the course of an academic year shall continue in service till the last day of the month in which the academic year ends.

(3.) Early in February, 1979 the petitioner put in an application for being allowed to surrender the earned leave available to his credit and encash the salary payable for the said period. In reply to the said application the petitioner received a bombshell in the shape of the order Ext. P-1 impugned in this case, whereby he was informed by the Asst. Educational Officer that as per Ruling No. 2 under R.60 of Part.1 of the Kerala Service Rules the petitioner was not eligible to avail of any leave other than casual leave beyond the date of superannuation and since the petitioner had availed of commuted leave after the date of superannuation, it had to be considered that the petitioner had retired from service on 11-11-1978. On this basis the petitioner was directed by Ext. P-1 to hand over charge of all the school records to the Senior Assistant dt once and also to refund the pay and allowances drawn by him for the period subsequent to 12-11-1978. The petitioner thereupon came up to this Court challenging the legality and validity of Ext. P1 and praying that it should be quashed.