K G SARATHCHANDRAN Vs. STATE OF KERALA AND OTHERS; DISTRICT EDUCATIONAL OFFICER; ASSISTANT EDUCATIONAL OFFICER; MANAGER, A U P SCHOOL, MELOOR (VIA) CHALAKKUDY; M O PAUL, HEADMASTER, A U P SCHOOL

JUDGEMENT

(1.) Petitioner is challenging Ext.P6 order claiming that he did have 25 years of service and had attained 50 years of age as on 10.05.1988 and was entitled to get the benefit of Rule 45BB of Chapter XIVA of the Kerala Education Rules, 1958 (for short, "the Rules") and hence was entitled to be retained and approved in the post of Headmaster.

(2.) The petitioner submits that he commenced his service as a Lower Primary School Assistant (LPSA) on 15.02.1962. He has got untrained service as teacher for the period from 15.02.1962 to 30.03.1962 and 07.08.1962 to 30.03.1963. He underwent training from 04.06.1963 to 31.03.1965 and his trained service commenced from 15.07.1965 in the AUP School, Meloor, which is an aided School, governed by the Rules. When the vacancy of Headmaster arose in that School, he, being the senior- most teacher, was appointed as teacher in charge from 01.12.1982 onwards. He was promoted as Headmaster with effect from 01.10.1983. From Ext.P1 order dated 24.04.1986, it is seen that the Assistant Educational Officer, Chalakudy approved his appointment as Headmaster from 10.01.1983 to 31.03.1988, simultaneously granting exemption from acquiring test qualification for the period from 01.04.1986 to 31.03.1988, in continuation of the exemption already granted from 10.01.1983 to 31.03.1986, in the light of the orders issued by Govt from time to time.

(3.) As per Rule 45B of Chapter XIVA of the Rules, Account Test (Lower) conducted by the Kerala Public Service Commission is an obligatory qualification for the teachers for promotion as Headmasters of Primary Schools. Exemption was granted to the Headmasters who were holding the post as on 19.12.1978 from acquiring the said qualification. By subsequent amendment temporary exemption was granted to the teachers who were awaiting promotion as Headmasters till 31.03.1988. By a subsequent amendment introduced from 24.02.1982, all the teachers who have attained the age of 50 years were permanently exempted from acquiring the qualification specified in sub-rule (1) of Rule 45B(4) of Chapter XIVA of he Rules, which reads as follows: