BABY LETHA K. Vs. STATE OF KERALA

JUDGEMENT

(1.) The short question that arises for consideration in this appeal is as to whether a Headmistress in an aided Lower Primary School who was re-appointed as Lower Primary School Teacher in a Government school on account of the closure of the school, is entitled to the pay and allowances of the Headmistress in terms of Rule 52 of Chapter XIVA of the Kerala Education Rules (the Rules).

(2.) The appeal arises from the judgment in W.P.(C) No.15391 of 2021. The appellant was the petitioner in the writ petition. Parties are referred to in this judgment, as they appear in the writ petition.

(3.) The petitioner while working as Lower Primary School Teacher in the Eranholi East L.P. School was promoted as the Headmistress of the school on 1/4/2010. By order dtd. 8/2/2012, as the school was uneconomic, the Government ordered to close down the school. When the school was closed down, the petitioner was re-appointed in Government High School, Aralam Farm as Lower Primary School Teacher. The petitioner retired from the said school on superannuation on 31/5/2015. On re-appointment, according to the petitioner, in the light of Rule 52 of Chapter XIVA of the Rules, she was entitled to pay and allowances as is applicable to the post of Headmistress. She was however not disbursed the same. The claim made by the petitioner in this regard was rejected by the Educational Officer in terms of Ext.P4 order, placing reliance on Ext.P5 circular issued by the Government. The writ petition was one instituted challenging Ext.P4 order of the Educational Officer as also Ext.P5 Government circular. The petitioner also sought a direction to the official respondents to extend her the pay and allowances as is applicable to the post of Headmistress, and consequential retirement benefits. The learned Single Judge repelled the challenge against Ext.P4 order as also Ext.P5 circular and dismissed the writ petition. The petitioner is aggrieved by the decision of the learned Single Judge and hence, this appeal.