PRABHAKARAN NAIR Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is a teacher in charge of an added High School. The dispute relates to his claim for promotion to the post of headmaster in a vacancy which, arose on 20-6-1980 on the death of the previous headmaster Shri Sadanandan. The 5th respondent is the rival claimant for the post, although he is junior to the petitioner as a teacher. The 5th respondent had obtained prior to the occurrence of the vacancy all the necessary qualifications required for the post, viz., the test in the Kerala Education Act and the Rules and the Account Test (Lower). The petitioner has not passed the tests, but claims priority over the 5th respondent in the matter of promotion by virtue of the permanent exemption recognised by the R.44B(2) of Chap.14A of (the Kerala Education Rules, 1959 (the "K.E.R."). The question is whether the petitioner, who has exercised his option for Chap.14B rules of the K.E.R., is right in so contending. The answer depends on the construction of R.44B(2). According to the Government, this rule has no application to persons who opted fox Chap.14B.

(2.) Permanent exemption granted by R.44B(2) is from (the requirements of R.44A(1) of Chap.14A of the K.E.R. which prescribes the minimum qualifications. It says:

(3.) Chap. 14C relates to persons who either opted for the Rules of that Chapter or who did not exercise any option. In either event such a person would retire at the age of 55 years. On the other hand, those who specifically opted for Chap.14B and who had been in service of an aided school since prior to 4-9-1957, would retire only at the age of 60 years, subject to the condition, that the service beyond the age of 55 years would not qualify them for pension and gratuity under the relevant rules. (See Chap.27A R.8).The petitioner having opted for Chap.14B and having been in service of an aided school since prior to 4-9-1957 is entitled to remain in service till the age of 60 years.