A VALSARAJAN Vs. STATE OF KERALA; DIRECTOR OF PUBLIC INSTRUCTION; ASSISTANT EDUCATIONAL OFFICER; MANAGER, IRSHADIYA A U P SCHOOL

JUDGEMENT

(1.) Aggrieved by Ext.P5 order, the petitioner has filed this writ petition. Shortly stated, the necessary facts are the following: The petitioner is the Headmaster of an aided U.P. School managed by the 4th respondent. The school was started in the year 1979 and it became a complete U.P. School in the year 1981. The petitioner is having the qualification of Graduation and B.Ed. and his appointment was approved. A post of Headmaster was sanctioned in the school and one Abdu Rahiman was holding the charge as Headmaster. He resigned from the post on 10.9.1982 and remained as Assistant Teacher. The petitioner was promoted as Headmaster with effect from 10.9.1982 as per Ext.P2. It may be mentioned herein that even though Account Test (Lower) shall be an obligatory qualification for Headmaster. Under Rule 45B(3) of Chapter XIV-A K.E.R., a temporary exemption from acquiring the qualification was provided till 31.3.1986. The petitioner obtained the qualification of Account Test (Lower) within the period of exemption, in February 1983 which is evidenced by Ext.P1.

(2.) The appointment of the petitioner as Headmaster was approved with effect from 10.9.1982 as per order dated 9.11.1982. When a subsequent incumbent assumed charge as Asst. Educational Officer, he made an entry in the Service Book of the petitioner to the effect that his appointment will be as " Headmaster in Charge with effect from 10.9.1982." This was without notice to the petitioner. Again, on completion of five years of service, the petitioner was redesignated as Graduate Headmaster on 2.6.1985 and was granted the scale of pay of Headmaster. But even though the matter was take up before the Government by the petitioner and various other similarly placed persons, he was compelled to refund the excess salary drawn and on completion of 15 years of service, he was granted the scale of pay of Headmaster.

(3.) Sub-rule (1) of Rule 1 of Chapter XXVI of K.E.R. providing the scale of pay of aided school teachers and Headmasters was amended by G.O.(P) No. 136/88/G.Edn. dated 8.9.1988 published in the Gazette dated 15.9.1988 with retrospective effect from 1.6.1973. Going by the said provision, the Headmaster of an Aided Lower Primary School, or the Headmaster of an Aided Upper Primary School shall be given the scale of pay applicable to the Headmaster of Government School only if he has put in a minimum of 15years continuous service as teacher in schools recognised by the Department. This was challenged by various persons before this Court and the matter was considered by a Full Bench which were disposed of taking the view that the retrospectivity given is bad. The above judgment is reported in Indira M. v. State of Kerala and Ors.,1998 ILR(Ker) 771. In accordance with the judgment, the Government passed Ext.P4 order granting the benefit to various persons. In the operative portion of the said order, it was specified that the monetary benefits under these orders will be granted notionally from the date of their promotion up to 18.11.1997, and from 19.11.1997 onwards it will be paid in cash. This was challenged in various writ petitions and by Ext.P8 judgment a Division Bench of this Court held that the petitioners are entitled to draw the new scale of pay of Headmasters from the date of their respective appointment to the said post and that they are also entitled to receive the monetary benefits in cash for the period from the date of their promotion to 18.12.1997. The above judgment of the Division Bench has also been implemented by the Government as per G.O.(P) No. 138/2005/G. Edn. dated 4.5.2005 ordering that the restriction of monetary benefits up to 18.12.1997 to those Headmasters appointed before 15.9.1988 will be withdrawn and that they will be eligible for arrears of salary from the respective date of their appointment till 18.12.1997.