STATE OF KERALA Vs. K M VICTORIA

JUDGEMENT

(1.) The question, proffered for our deliberation in this appeal, wears a rather simple look : Can the period of service of a teacher served in an aided or Government school prior to his/her resignation from that school to join another aided/ Government school be also taken into account while computing his/her total service and its attendant benefits

(2.) Though the point looks simple, its evaluation becomes slightly knotty on account of the fact that certain specific provisions of the Kerala Education Act and Rules seem to answer it to the negative, while the various orders issued by the Government from time to time under the sanction of the afore Act and Rules appear to stipulate to the contrary, subject to certain defined criterion.

(3.) The brief facts of this case are set out under: In this appeal, the State of Kerala and its functionaries of the Education Department challenge the judgment of the learned Single Judge in W.P.(C)No.25120/2012, wherein this Court allowed the writ petition filed by the first respondent herein impugning the order issued against her to recover certain sums on the allegation that her ten year higher grade fixation had been incorrectly done and that she is not entitled to the difference in pay and allowances drawn by her on account of such irregular fixation for the relevant period.