MOHAMMED Vs. ASSISTANT EDUCATIONAL OFFICER

JUDGEMENT

(1.) Petitioner challenges Exts. P1, P2, P4 and P9 to the extent it denied to the petitioner, the scale of pay of Head Master with effect from 21.6.2004. The facts involved in the case would disclose that the petitioner joined as Lower Primary School Assistant in Mappila Lower Primary School, an aided school, on 21.6.1986. He continued in service till 9.6.1993. He got an appointment in a Government School through Kerala Public Service Commission and joined there on 10.6.1993. He relieved from the service of the said Government school on 12.1.1994 and joined back the parent school on 13.1.1994. According to the petitioner, he had not resigned from the parent school and he had only relieved on getting an appointment in the Government School and therefore there is no break in service. The petitioner was appointed as Head Master with effect from 1.5.1996. As he being the senior most in the school he was granted higher grade with effect from 21.6.1999 by the 1st respondent. He was granted the scale of Head Master with effect from 21.6.2004 on completion of 15 years of total service as contemplated under R. 1 of Chapter XXVI of Kerala Educational Rules (for short 'K.E.R.').

(2.) An objection seems to have been raised indicating that the petitioner cannot be paid the scale of pay of Head Master with effect from 21.06.2004 since there is break in service and the petitioner did not have continuous service. According to the objection, since the petitioner rejoined service on 13.1.1994, he did not have 15 years of continuous service. The petitioner submitted Ext. P3 explanation to the report of the Deputy Director of Education. The matter was taken up before the Director of Public Instructions and Ext. P4 is the decision by which his claim was negatived. Petitioner challenged the matter before the Government and the Government passed Ext. P9 confirming the decision taken in the matter.

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