LAWS(KER)-2013-6-67

AYASREE DAMODARAN Vs. STATE OF KERALA

Decided On June 07, 2013
Ayasree Damodaran Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) THE petitioner was promoted as Headmaster with effect from 1.4.1986. At that time, there was no stipulation that for getting Headmaster's scale of pay, a teacher should have completed 15 years of service. By amendment dated 15.9.1988 to Rule I (1) of Chapter XXVI, 15 years' service has been made compulsory for sanctioning headmaster's scale. By Ext.P2 order, the Government further clarified as follows:

(2.) THE headmaster's scale was restricted to the petitioner from 1.8.1998 since she passed the account test which is a qualification requisite for getting headmaster's scale of pay, only in December, 1997. According to the petitioner, in view of Ext.P6 Government Order, whereby exemption was granted from passing account test, non- passing of account test is not a valid ground for non sanctioning headmaster's scale from the date of appointment as headmaster.

(3.) I have considered the rival contentions in detail.