BOBY THOMAS Vs. STATE OF KERALA

JUDGEMENT

(1.) The short question arising in the above case is as to the date from which the petitioner is entitled to the first higher grade, though the question arose in the context of the petitioner's claim for the second higher grade. The petitioner had broken period of service between 6.8.1992 and 1.4.2003. The broken period added up to ten years. The petitioner was appointed regularly as a P.D. Teacher in Government service on 17.2.2004. The petitioner, reckoning his prior service in the Aided School, sought for first higher grade on completion of ten years. The petitioner was granted the same as per Annexure A1.

(2.) The entitlement for first higher grade was found in Annexure A1, to be from 2.4.2003. But, however, the same was granted as per the option exercised by the petitioner from 1.7.2004. The petitioner having joined on 17.2.2004 as a P.D. Teacher in Government service, his probation was declared with effect from 16.2.2006. The monetary benefits of the higher grade were enabled to the petitioner only from that date. This continued and the petitioner claimed second higher grade on completion of another six years, ie, on 1.7.2009. This was rejected as per Annexure A3; finding that the grant of first higher grade could have been only from the date of declaration of probation and there could have been no prior date fixed for notional grant of higher garde.

(3.) The learned Senior Government Pleader relies on Annexure A6(b) circular dated 10.9.1990. As per the circular, when prior service is reckoned for the purpose of higher grade, sanction will be accorded and monetary benefits paid only from the date of declaration of probation in the regular service.