MINI.M HEADMISTRESS Vs. STATE OF KERALA

JUDGEMENT

(1.) UNDER challenge in this writ petition are Exts.P2, P6, P9 and P10 objecting the fixation of pay of the petitioner on the ground that the petitioner was thrown out of service from 1992 to 1995.

(2.) THE petitioner entered service in a regular vacancy of the school in the year 1985 as L.P.S.A. Subsequently, she was promoted as Headmistress of the school with effect from 01.04.2005. The petitioner has come up before this Court as in the course of audit, an objection to the fixation of pay of the petitioner was made contending that under Chapter 26 Rule 1 of Kerala Education Rules, only those Headmasters, who have put in a minimum of 15 years continuous service as teacher, are entitled to the scale of pay of Headmaster and that the service book of the petitioner revealed that she has continuous service only from 05.06.1995 and hence, eligible for the scale of Headmaster only with effect from 04.06.2010. In the light of the aforesaid observation, her pay was directed to be refixed and the excess salary paid was ordered to be recovered after issuing a show cause notice and after affording an opportunity of being heard. It is in this context, the petitioner has approached this Court.

(3.) I have heard the learned senior counsel appearing for the petitioner as well as the learned Senior Government Pleader quite in extenso.