A. KADEEJA Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is working as U.P.S.A. in Aided Muslim Upper Primary School, Irimbiliyam, Malappuram District. The petitioner is working in the above post since 18.6.1990. Prior to this appointment, she had a broken period of service from 4.10.1989 to 27.3.1990 as UPSA at Aided Upper Primary School, Patterkulam. This broken period of service was reckoned initially for service weightage during fixation of pay as per 1997 Pay Revision Order. Later, the period of broken service was also taken into consideration in 2004 pay revision for computing service weightage and pay was fixed accordingly. It appears that an order was passed by the Deputy Director of Education, Malappuram on account of the fact that the period of service of the petitioner from 4.10.1989 to 27.3.1990 is under another management. The matter through various proceedings got attention of the Government of Kerala and the Government of Kerala passed Ext. P5 order rejecting the revision sustaining the objection of the Deputy Director of Education. It is challenging Ext. P5 order passed by the Government, this Writ Petition is filed.

(2.) Heard the learned counsel for the petitioner and the learned Government Pleader.

(3.) The only objection in Ext. P5 is that the appointment of the petitioner in second management school is not as per R. 10 or R. 11 under Chapter XIV A of the/Kerala Education Rules (hereinafter referred to as "KER"), which allows pay protection under R. 13 of Chapter XIV A of the K.E.R. It is because of change of management, her prior service is held not to be reckoned for the purpose of increment and other service weightage'.