CHANDRASEKHARA PANICKER Vs. STATE OF KERALA

JUDGEMENT

(1.) The question which arises for consideration is whether in the case of a graduate teacher of an Aided High School who was appointed prior to 15th October 1957, the period of his untrained service and training should be taken into account for the purpose of R.3 of Chap.26 of the Kerala Education Rules. This rule says that the Headmaster of an Aided High School shall be given the Departmental Headmaster's scale of pay only if he has put in a minimum of 16 years of continuous service as a graduate teacher in schools recognised by the Department.

(2.) The petitioner is now working as a Headmaster of an Aided High School. He was appointed as High School Assistant as early as 25th June 1956. He was a graduate at the time of his appointment, but had not obtained the B. Ed. training. He was sent by the Department for B. Ed. training on 10th July 1959 on a subsistence allowance of Rs. 50 per month. He completed his training on 4th April 1960 and rejoined duty on 5th May 1960. On 25th June 1968 the petitioner was absorbed as a First Grade High School Assistant. He was appointed as Headmaster of an Aided High School on 26th June 1971. On 25th June 1972 the petitioner completed 16 years of service as a graduate teacher. He submitted Ext. P4 representation, dated 18th May 1972 before the 4th respondent, the District Educational Officer, requesting him to fix the petitioner's scale of pay as a Headmaster in terms of R.3 of Chap.26 with effect from 25th June 1972. His request was refused by Ext. P5 order on the ground that the period of his untrained service and training could not be taken into account in computing his total length of continuous service as a graduate teacher. Ext. P5 order of the District Educational Officer was confirmed by Ext. P7 order of the 3rd respondent, the Regional, Deputy Director, Calicut, and by Ext. P9 order of the 2nd respondent, the Director of Public Instruction, Trivandrum. These orders are finally confirmed by the Government by Ext. P11. The petitioner now challenges Exts. P5, P7, P9 and P11.

(3.) R.3 of Chap.26 of the K. E. R. reads as follows: