SANTHA Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner was appointed by the fifth respondent as U. P. School Assistant for the period 9-7-1984 to 29-3-1985 in a vacancy caused by deputation of a teacher for training. This appointment was approved by the fourth respondent, the District Educational Officer, Palghat. Ext. P1 is the said order. Subsequently the third respondent sanctioned a regular post of h. P. S. A. in the school with effect from 17-9-1984. THE petitioner was entitled to be posted against this regular post in the circumstances the fifth respondent shifted the petitioner to that post and reported the matter to the fourth respondent for approval. By Ext. PZ order the fourth respondent approved the appointment in the regular vacancy as U. P. S. A. with effect from 17-9-1984. However, it was ordered that she would not be eligible for vacation salary. Aggrieved by the denial of vacation salary the Manager filed an appeal before the Deputy Director of Education, the third respondent. However, that appeal was dismissed by Ext. P3 order dated 15-4-1986. THEreupon the Manager filed revision before the second respondent, the Director of Public Instruction, which was disposed of by Ext. P4 order rejecting the revision. THEreupon a further revision was filed under Chapter XIVA Rule 49 Kerala Education Rules by the Manager before the Government which was disposed of by Ext. P5 order upholding the orders passed by the lower authorities.

(2.) IN this Original Petition, the petitioner has challenged that part of the order of Ext. P2 which denied the vacation salary to the petitioner as well as the appellate order Ext. P3 and the revisional orders exts. P4 and P5. IN order to appreciate the contention raised by the learned counsel it is necessary to refer to Chapter XIVA Rule 49 which reads as follows: "qualified teachers except Headmasters appointed in vacancies which are not permanent which extend over the summer vacation and who continue in such vacancies till the closing date shall be retained in the vaexncies during the vacation, if their continuous service as on the closing day is not less than eight months. The teachers so retained shall be entitled to the vacation salary, -These teachers shall be relieved on the closing day if their continuous service as on that day is less than the aforesaid period. This rule shall not apply to teachers appointed in training vacancies. Explanation: for the purpose of this rule, "headmaster" includes 'teacher-in-charge' also. " The vacation salary is denied for the reason that the petitioner did not have eight months' continuous regular service as on the closing day. If the total service as on the closing day is taken into account there cannot be any doubt that the petitioner has continuous service of more than eight months. But she was denied that benefit for the reason that the services in the training vacancy cannot be counted for the purpose of retaining her during the vacation in view of the provisions contained in R. 49 of chap. XIVA of the K. E. R.