SUBRAMONIAN NAMBOODIRI Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner was engaged as a P. D. teacher on 12111956 by the Malabar District Board Schools run by the Board were taken over by the Government on 1101957. THE petitioner then became an employee of the government. This was prior to the Kerala State and Subordinate Services rules came into force. THE Rules were brought into force on 17-12 1958. On 4 8 1976 test qualification was prescribed by Ext. P2 for promotion to the post. of headmaster. Ext. P2, however, provided in clause (iii) as follows: 'in the case of P. D. Teachers awaiting promotion as headmasters temporary exemption from passing the test would be available to them for 2 years from the date of these orders under R. 13a Part II of K. S. S. R. " By virtue of this provision the petitioner, although not qualified, was promoted on 10 71977 to the post of Headmaster. Since the petitioner did not, however, acquire the qualification within the stipulated period of two years, he was reverted by Ext P1 dated 9-10-1979 with effect from 4-8-1978 , which was the date on which the time allowed for passing the test expired.

(2.) THE petitioner challenges Ext P1 mainly for the reason that it is contrary to the provisions of R. 35 of the Kerala State and Subordinate Services rules. He says that since he was a member of the service on the date on which the said Rules came into force he was entitled to be considered for promotion to higher posts on the basis of the rules and orders which were applicable to him immediately prior to the date on which the Kerala State & Subordinate services Rules came into force, and untrammelled by the requirements of the said general Rules or Special Rules. Petitioner relies upon clause (b) of R. 35 in support of this contention.