STATE OF KERALA AND ORS. Vs. DASAN PEEDIKAKKANDY

JUDGEMENT

(1.) This original petition arises from an order of the Kerala Administrative Tribunal dated 13.02.2014 in O.A.No.1392/2013. The respondents and the applicant before the Tribunal are respectively the petitioners and the respondent, herein. The question for consideration is whether aided school service put in by a teacher before taking over/surrendering of the aided school by/to the Government, can be reckoned for the purpose of service weightage? The said issue sprang up for consideration in the following factual matrix:-

(2.) The applicant/respondent commenced his service as a High School Assistant in Muzhuppilangad High School, which was an aided high school in Kannur District governed by the provisions of the Kerala Education Act and the Kerala Education Rules. The school was surrendered to the Government with effect from 17.03.1997. Admittedly, the entire school with all teaching and non-teaching staff were also absorbed into Government service on such surrender. The respondent/applicant entered into the Government service pursuant to such absorption. While so, Annexure-A2 audit objection was raised by the Accountant General with respect to the service weightage granted and consequential additional payments made to him. Essentially, the audit objection was with respect to the fixation of his pay with effect from 01.07.2004 taking into account his 16 years' service in the aided school. The said objection was raised based on the Note under Rule 5(2) for fixation of pay in G.O.(P) No.145/2006/Fin. dated 25.03.2006, as per which, the period of service in aided school could not be reckoned for calculating service weightage, along with Government service. Annexure-A2 would reveal that based on the said Government Order dated 25.03.2006, it was found that the applicant had acquired eligibility for service weightage for 16 years only from 17.03.1997. It is in the said circumstances that objections were raised to the effect that the pay fixation of the respondent/applicant was done erroneously and it resulted in an extra payment of Rs. 90,624/- for the period from 01.04.2005 to 30.09.2010. On receipt of Annexure- A2, the respondent/applicant submitted representations, and subsequently reminders, contending that the objection is unsustainable and that his pay was correctly fixed with effect from 01.07.2004. The said representation was, virtually, rejected as per Annexure-A7 order dated 19.06.2013. Obviously, under Annexure-A7, the objection raised by the Accountant General in Annexure-A2 was sustained and consequentially, the second petitioner herein was directed to refix the pay of the respondent/applicant in tune with the objection raised in Annexure-A2 and also taking note of Annexure-A7. It is in the said circumstances that the respondent herein/applicant was constrained to approach the Kerala Administrative Tribunal by filing O.A.No.1392/2013 seeking the following reliefs:

(3.) Petitioners herein/respondents therein filed reply affidavit and resisted the claims and contentions of the respondent/applicant. Obviously, they raised contentions based on Annexures-A2 and A7. Based on the rival contentions, the Tribunal pointedly considered the question whether the Note under Rule 5(2) of the Government Order dated 25.03.2006 prohibits reckoning of aided school service for the purpose of service weightage. After answering the said question in the affirmative, the Tribunal allowed the original application holding that the said prohibition in the Note under Rule 5(2) would not be applicable in the case of teachers in a surrendered school and in their case, the services in the surrendered school could be reckoned for service weightage. Based on such conclusion, the Tribunal declared that the fixation of the pay of the applicant/respondent herein as per Annexure-A1 was legal and valid, and consequentially, quashed Annexures A2 and A7. It is aggrieved by the said order (Ext.P2) passed by the Tribunal that this original petition has been filed.