P SANKARA PILLAI Vs. DEO KOTTAYAM

JUDGEMENT

(1.) The question is from what date the appellant a High School teacher is entitled to have confirmation in the post of a High School Assistant to which he was appointed temporarily on 17-8-59. At the time of his appointment be did not have the requisite qualification of B. Ed. But he was appointed because of the orders Exs. P1 and P2. He acquired the B. Ed. qualification on 31-5-61. His appointment as High School Assistant was confirmed with effect from 31-5-61 by the District Educational officer. The Director of Public Instruction however by Ext. P6 order, directed that the confirmation should be with effect from 31-5-62. Two reasons have been stated in the order Ext. P6 for this change. (1) The petitioner having acquired the B. Ed. qualification which is necessary for the post of a High School Assistant only on 31-5-61, he could have function as a qualified High School Assistant only from that date. (2) He should be on probation for a period of one year from that date. The confirmation it was therefore held could be only with effect from 31-5-62.

(2.) The argument before the learned Single Judge and before us turned on the question whether an Assistant of a middle school appointed as High School Assistant should undergo any probation at all and whether such appointment was an 'initial appointment' or was a 'promotion'. Reference was made to R.3 of Chap.25A, and R.4 (before it was deleted) and R.43 of the Kerala Education Rules, 1959. We do not think that these are important aspects in the case at all. Assuming that a Middle School Assistant appointed as a High School Assistant must also undergo probation and assuming that the probation can commence only from the date on which he acquired the necessary qualification the date from which his appointment has to be confirmed must depend on the terms of rule of 41 of Chap.14A. That rule is in these terms:

(3.) Applying this rule the date of completion of probation is of no importance in deciding the date from which a person has to be confirmed. That date must either be the date from the person had continuous service or the date on which the permanent vacancy occurred.