NARAYANABHAT Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner was appointed as a Lower Primary School Assistant [for brevity "LPSA"] on 25.01.1978, in an aided school and was promoted as Assistant-in-Charge from 18.9.1980. The petitioner though contends that he was discharging the functions as a Headmaster, was not appointed as a Headmaster, since the petitioner did not have Account Test qualification. The petitioner qualified the Account Test only in the year 1989. The petitioner was appointed as a Headmaster in 1991. However, the petitioner was granted the regular scale of pay in the post of Headmaster only with effect from 25.01.1993.

(2.) The petitioner contends that he ought to have been granted the regular scale of pay from the date of his appointment, since Account Test qualification was possible of exemption under sub-rule (3) of Rule 45B of Chapter XIV A of the Kerala Education Rules, 1959 [for brevity "KER"]. The petitioner also relies on Exhibit P9 Government Order, where, according to the petitioner, similarly placed persons were granted the regular scale of pay.

(3.) Rule 1(1) of Chapter XXVI of KER prescribes that a Headmaster who had not put in a minimum of 15 years continuous service as a teacher shall not be given the scale of pay applicable to the Headmaster and they shall be given their grade pay and supervision allowance as may be fixed by the Government until they complete the prescribed minimum service. It is based on this rule that the petitioner has been granted the regular scale of pay only with effect from 25.01.1993, when he completed the said 15 years.