GOVT OF KERALA Vs. CHANDRASEKHARA PANICKER

JUDGEMENT

(1.) Two questions have been debated in this appeal; (1) whether the 4 years of untrained service of the writ petitioner included in his total service of 16 years will count for getting the grade of Departmental Headmaster and (2) whether the period of training between 10-7-1959 to 4-4-1960 can be counted for the same purpose. The learned Judge held in favour of the petitioner. The State has therefore filed this appeal.

(2.) The writ petitioner at the time of the filing of the writ petition was working as Headmaster, Infant Jesus High School, Vadayar, Vaikom. He was appointed as High School Assistant as early as in 1956. He was a graduate; but did not have the training qualification in the sense that he had not obtained the B. Ed. Degree He was sent for training only on 10-7-1959 and completed the training on 5-4-1960 and rejoined duty on 5-5-1960. On 25-6-1968 he was appointed as a Ist Grade High School Assistant. He was appointed Headmaster of an aided High School on 26-7-1971. On 25-6-1972, having completed 16 years of service as graduate teacher he made Ext. P4 representation to the 4th Respondent, the District Educational Officer, requesting fixation of his pay as Headmaster in terms of Chap.26, R.3, with effect from 25-6-1972. This was rejected (vide Ext. P5). The ground for rejection was that his untrained service cannot count in computing the total length of service. This order was confirmed by Ext. P7 order of the Regional Deputy Director of Public Instruction, Calicut, and further by Ext. P11 order of the Government. These were the orders sought to be quashed.

(3.) The statutory provision on the basis of which the claim is to be examined is Chap.26, R.3. That Rule reads: