USHAKUMARI V.S. Vs. STATE OF KERALA

JUDGEMENT

(1.) The short issue in this writ petition is whether the petitioner is entitled to reckon prior service in an aided school for the purpose of higher grade.

(2.) The petitioner was appointed as Sanskrit teacher on 22.9.1998 in an aided U.P. School, Pathaikkara. There was a delay in approving the appointment. The approval was granted only on 24.10.2000 as per Ext.P1 Government Order. The interesting question arises in the context of the request of the petitioner on 10.9.2000 to relieve from the service. The petitioner requested to relieve from the service. That was accepted by the Manager treating it as a resignation.

(3.) It is to be noted that the request of the petitioner to relieve from the service was prior to approval of appointment. If the break in service after resignation is more than one month, previous service will not reckon for the purpose of higher grade/increment. That was affirmed by the judgment of this Court in State of Kerala Vs. Victoria [2018 (4) KLT 325]. As per Chapter XIVA of Rule 53 of the Kerala Education Rules, a teacher shall not himself terminate his service before the expiry of the term of his appointment without the permission of the Educational Officer. Rule 54 of Chapter XIVA states that if any teacher resigns his appointment in any aided school, he shall not on re-appointment, be eligible to count his service prior to his resignation for purposes of increment or seniority on re-appointment.