BENNY LUCKOSE Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner in these two Writ Petitions is the same, who seeks connected reliefs; and consequently, I propose to dispose them jointly through this judgment.

(2.) The petitioner is stated to have retired as the Principal of 'St.Joseph's Higher Secondary School', Pullurampara, Kozhikode - which is under the management of the 4th respondent - with effect from 31.03.2020. It is submitted that he commenced continuous service under the 4th respondent- Management as a Lower Primary School Teacher (LPST) on 27.09.1984 and that he was appointed as Headmaster of the Upper Primary School Section under the same management with effect from 16.05.2003. He adds that Higher Secondary Section was sanctioned in the school in the academic year 2010-11 and consequent thereto, he was appointed 'by transfer' as a Higher Secondary School Teacher (Junior) [HSST (Jr)] in Political Science with effect from 28.11.2011.

(3.) The petitioner asserts that his appointment was on the basis of the recommendation made by the statutory Selection Committee and that it was approved by the 3rd respondent-Regional Director. He, however, concedes that, initially, the Regional Director had raised an objection against 'by transfer' appointment as an HSST (Jr) saying that, under Chapter XXXII of the Kerala Education Rules (KER for short), only an Upper Primary School Teacher (UPST) could have been so appointed; but that approval was thereafter granted based on the explanation of the Manager, contained in Ext.P5, that petitioner is retaining a lien as a UPST in the school.