M G GOURI Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONER, an LPSA was unqualified to be promoted as a Headmistress when a vacancy of the Headmaster occurred in the School, though she was the senior most teacher. On 30/07/1991, she was temporarily promoted as Headmistress in terms of R. 45c of Chapter XIVA Kerala Education Rules. Admittedly, she acquired the test qualification only in June, 2002. This means, by the operation of sub-rule (2) of R. 45c, she was entitled to be treated as a teacher promoted permanently as Headmistress from the date of acquisition of the test qualification. But reckoning 30/07/1991, the date of her temporary promotion under R. 45c as the date of her entry as Headmistress, she was granted a higher grade on 01/09/2001. She retired on 30/04/2002. Even before that, on 01/02/2002 Ext. P1 objection was raised to the grant of higher grade.

(2.) THE short issue that arises for decision is as to whether on the aforesaid facts, was the petitioner entitled to a higher grade being granted on the basis of her promotion on 30/07/1991 temporarily as a Headmistress.

(3.) THE judgment in Radha's case (supra) lays down the principle that a teacher temporarily promoted under R. 45c of Chapter XIVA, as Headmaster, in the absence of a qualified teacher, is entitled to get the scale of pay attached to the post of Headmaster. This is nothing but the effect of sub-rule (5) of R. 45c, as already noticed above. Neither that rule nor the ratio in Radha's case authorizes the treatment of such a person as a regular hand for being considered to be stagnating in the category of Headmaster for being granted a higher grade.