BHASKARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner is a teacher in the B E. M. High School. Parappanangadi which is under a corporate management. THE said management has under its control several schools ran by the C. S. I. Church . In exercise of the power conferred by R. 10 of Chapter XIV-A of toe Kerala education Rules the educational agency was competent to transfer him from one school to another school. THE said power was exercised and the petitioner was transferred from the school at Calicut to Parappanangadi. He claimed that he is entitled to be paid allowances in accordance with R. 14, payable in the context of his transfer under R. 10. As neither the educational agency which effected the transfer nor the authorities conceded to his request he has come to this Court.

(2.) THE only short question for consideration is as to whether a teacher on transfer under R. 10 is entitled to be paid travelling allowances in the same manner in which officers of the Government appointed after 1-11-1956 are entitled to be paid. THEre is a relevant rule which governs this aspect viz. , R. 14 of Chapter XIV-A and it reads as follows: "14. In respect of the transfers made under the orders of competent authority, joining time and allowances during joining time shall be regulated according to the provisions of the service regulations In force as applicable to officers of Government appointed after the 1st November 1956. " This rule makes it clear that when transfer is made by a competent authority, the transferee shall be entitled (1) to joining time and (2) allowances during joining time. What is the extent of the joining time he shall be entitled to and what is the extent of other allowances he shall be entitled to and under what circumstances are not prescribed by R. 14. THEy are governed, as expressly stated in R. 14, by the provisions of the service regulations in force as are applicable to officers of Government appointed after 1-11-1956. Hence a teacher transferred under R. 10 can claim joining time and allowances during joining time in accordance with the service regulations in force as are applicable to officers of Government appointed after 1-11-1956. THE mandate of R. 14 is that the liability to pay the allowances is fixed on the competent authority which effects the transfer. That liability is not fastened on the Government for very good reasons. THE power of transfer is conferred by r. 10 on the educational agency and not on the Government or any of the officers of the education department. Hence if the educational agency transferred its teachers from one school to another for its own reasons, the State Government cannot be saddled with the liability of paying allowances consequent upon such transfers. We are therefore inclined to construe R. 14 as imposing liability of paying necessary allowances on the authority which is competent to effect transfers and not on the State Government. So far as entitlement of the teacher is concerned both in regard to the joining time and other allowances payable during the joining time they have to be ascertained by looking into relevant service regulations in force as are applicable to Government officers appointed after the 1st November, 19s6. Travelling allowance is one of the allowances contemplated by R. 14, as it is undoubtedly an allowance payable during the joining time. A transferred teacher is expected to travel for the purpose of joining to the transferred place within the joining time allowed under the relevant regulations. If a teacher is transferred by the competent authority for its own reasons, the transferred teacher cannot be made liable to incur expenses from his own pocket. If, as the learned High Court Government Pleader suggested that the expression "allowances during joining time" cannot include the travelling allowance, it would lead to a most unreasonable result of the transferred teacher being required to incur expenses of travelling even in cases when the transfer is not made on the request of the teacher but on account of the reasons of the competent authority itself. We have therefore no hesitation in not accepting the contention of the learned Government Pleader in this behalf. We hold that the expression "allowances during joining time" also includes travelling allowances which are payable to Government officers on transfer in accordance with relevant regulations.