THANKAPPAN NAIR Vs. STATE OF KERALA

JUDGEMENT

(1.) The common question that arises for decision in these writ petitions is whether a promoted PD. teacher for being treated as one promoted on a regular basis in terms of G. O. MS. No. 16/75G. Edn. dated 10-1-1975 (Ext. P5 in OP. No. 2/80 Ext. R3 produced along with the counter affidavit of the 1st respondent in OP. No. 967/78), hereinafter referred to as G. O. 16/75, he should have been continuing as such on the crucial date, namely, 17-4-1969. Primary School Headmaster's post, carrying with it responsibilities without corresponding monetary benefits, was of no attraction to most of the PD. teachers till 1-6-1973 with effect from which date a separate higher pay scale of Rs. 175-315 was introduced for that post by G. O. MS. No. 55/73/S. Edn. dated 24-4-1973, for short G. O. 55/73. The resulting position was that till 1-6-1973 many PD. teachers shied away from the post; and their juniors promoted to be headmasters continued to be in that post till the crucial date, 17-4-1969, and even thereafter. We do not consider it necessary to make a detailed scrutiny of the service records of the petitioners', as it would be sufficient to note that none of them was holding headmaster's post on 17-4-1969. For the petitioners to succeed they have to establish that in spite of the fact that they had not been holding the post of headmasters on 17-4-1969, they were entitled to get themselves appointed headmasters on the ground that they were seniors in the category of PD. teachers, to those holding the headmaster's post in the respective cases; and in some cases they had been headmasters for certain periods prior to the crucial date 17-4-1969.

(2.) G. O. Ms. No. 32/71/S. Edn. dated 19-3-1971. hereinafter referred to as G. O. 32/71 (Ext. R2 produced along with the counter affidavit of the 1st respondent in OP. No. 967/78). prescribed the qualifications to be possessed by PD. teachers for being appointed headmasters; and the note to the G. O. reads as follows:

(3.) A Division Bench of this Court, which consisted of Chief Justice Govindan Nair and Justice Subramonian Poti (as he then was), however, set aside G. O. 80/74 referred to above by the judgment dated 26-9-1974 in O.P. No. 2262/74 and connected cases (marked Ext. P4 in O.P. No. 2/80), giving certain directions to the Government as to the manner in which the representations of the P. D. teachers claiming the headmasters' post had to be dealt with. It was in this background that the Government issued G. O. 16/75 stating inter alia that all promotions of P. D. teachers to the post of Headmasters made before 17-4-1969 would be treated as promotions made on a regular basis as the Circular B (Spl.) 4-55459/69 of the Director of Public Instruction prohibiting the filling up of the posts of headmasters of Government LP. and UP. schools was issued on 17-4-1969; that for the same reason PD. teachers posted to be teachers in charge of the duties of headmasters on or after 17-4-1969 would be reverted; that posts of headmasters would be filled up by PD. teachers according to strict Revenue District wise seniority; and that those who were to be teachers in charge on or after 17-4-1969 and who by virtue of their district wise seniority among PD. teachers and their qualifications were entitled to promotion to the post of primary headmasters on 1-6-1973, the date of the introduction of the new scale of pay for the headmasters under G. O.55/73, however, would be deemed to have been promoted to be headmasters with effect from 1-6-1973. It has also to be noticed that G. O.16/75 had also provided that appointment of headmasters if any, made before 17-4-1969 to be teachers incharge of the duties of the headmaster or appointments to the post of headmasters made before that date, which had been contested, would be reviewed and decided according to the merits of the case if representations were made to the Government in that behalf by the affected parties.