ANNAMMA JACOB Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) The question that arises for consideration in these writ petitions is whether there exists any intelligible differentia in denying exemption from passing departmental tests to Higher Secondary School Teachers (HSSTs) in aided schools who have attained the age of 50 years, while granting such exemption to HSSTs in Government service under Rule 13B of Part II of the Kerala State and Subordinate Services Rules (KS&SSR).

(2.) Since the issue involved in both writ petitions is identical, they are heard together and disposed of by this common judgment.

(3.) The petitioner herein entered service as HSA (Biology) on 4/10/1993. Subsequently, upon the establishment of the Higher Secondary Sec. , she was promoted as HSST (Botany). Thereafter, she was appointed as Principal of CMS HSS, Melukavu, on 1/8/2011, which appointment was approved by the Regional Deputy Director as per order dtd. 7/10/2011. Later, the Manager declared her probation with effect from 6/12/2013, upon her attaining the age of 51 years, taking into account the exemption available under Rule 13B of Part II KS&SSR as applicable to HSSTs in Government service. The petitioner was granted annual increments from 2013 to 2016.