T M DASIUS Vs. STATE

JUDGEMENT

(1.) THIS is a petition under Art. 226 of the Constitution filed by an undergraduate teacher attached to the Little Flower Middle School, cheranalloor in Cochin-Kanayannore Taluk, which at the relevant time was a private and unaided institution, complaining against a service order which denied to him confirmation from earlier date in alleged violation of Art. 52 of the Cochin Education Code.

(2.) THE petitioner T. M. Dasius passed the Secondary School leaving Certificate Examination in 1930 and the Agricultural Training examination from the Government School of Agriculture at Ollukara, Cochin State in 1935. On 6. 12. 1119 corresponding to 21. 7. 1944 petitioner got appointment as an acting teacher in the preparatory class in the present school in which he is employed. After the reopening of the School in 1120 (1945-1946) he was promoted to Form I. He was ever since been working in the lower secondary department, i. e. , Forms I to III in the said school.

(3.) ACCORDING to petitioner, there had been no need at all for him to get exemption, as directed by the Manager in order to get his appointment approved. For under Art. 52 of the Cochin Education Code which had come into force so early as 1109 undergraduate teachers of schools who were trained in industries or agriculture stood exempted from literary training and petitioner was agriculture trained. The vacancy in which he had joined was a permanent one and there was no reason not to treat him as in the permanent cadre from the very beginning of his service. Assuming exemption was necessary at the hands of the Department, there was the Government's own order dated 6. 2. 1953 regarding Private Secondary School Scheme whereby "exemption shall take effect from the date on which the persons have become eligible for the exemption even though the exemption is granted later. " By not treating the exemption granted to him as having taken effect from the date of his first appointment on 6. 12. 1119 petitioner had been deprived of his seniority and service by four years and this has enabled the 3rd respondent Manager of the School to withhold from him payment of vacation salary for 2 months in each year from 1119 to 1123 (1944 to 1948 ). Petitioner has therefore prayed for the issue of a writ of certiorari to the respondents 1 and 2 (the State of Travancore-Cochin and the director of Public Instruction) to quash Exts. A, D and E orders and for declaration that the exemption from Secondary Training granted to him by Ext. B order of Government took effect from the date of appointment as teacher on 6. 12. 1119 and for consequential reliefs.