K V SKARIA Vs. STATE OF KERALA REPRESENTED

JUDGEMENT

(1.) THE petitioner was appointed as a craft teacher in an aided school, in a temporary vacancy for the period from 11.12.1962 to 30.3.1963. Later on, by order dated 17.6.1963, the petitioner was selected for undergoing teacher's training course and the petitioner underwent the training for the period from 24.6.1963 to 31.3.1965. Thereafter, the petitioner was appointed as a regular UPSA in the same school and the petitioner joined duty on 15.6.1965. He had continuous service from 15.6.1965 till his retirement. The petitioner was given retirement benefits taking into account the untrained service also. But the untrained service was not taken into account for the purpose of granting higher grades to the petitioner. According to the petitioner, in view of Exts.P4 and P5 orders of the Government, prior untrained service is also liable to be reckoned for the purpose of granting higher grades to the petitioner. The petitioner seeks the following reliefs;

(2.) A counter affidavit has been filed by the 1st respondent. The stand of the 1st respondent is that the petitioner is not entitled to count the untrained service as a craft teacher for the purpose of granting higher grades in the category of UPSA, which is a different category of post. It is also stated that the petitioner was selected for training while the petitioner was not in service. The 1st respondent would, therefore, submit that the petitioner is not entitled to count the untrained service for the purpose of granting higher grades to him.