VENKTRAMANA BHAT Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner was appointed as a High School Assistant in Mathematics in the 4th respondent's school on 2-8-1983. He had continuous service till 5-4-1984, the date on which the school closed for summer holidays. The Director of Public Instruction had issued a circular on 21-3-1984 extending the closing date of schools for summer vacation for 1983-84 to 5-4-1984. Such extension is warranted by the provisions of R.1 of Chapter VII of the Kerala Education Rules (Rules) which reads:

(2.) The petitioner had thus more than eight months of service as teacher in the school on 5-4-1984, the date of closure. R.49 of Chap.14A of the Rules entitles a qualified teacher appointed to a vacancy, which is not permanent, to salary during the summer vacation, if his continuous service as on the closing day was not less than eight months. The rule reads:

(3.) Petitioner's contention is two fold, firstly that he is a qualified teacher appointed to a permanent vacancy, and therefore irrespective of the length of service, he has to be retained during the vacation; secondly that even if the vacancy was not permanent, and R.49 applied, he had put in over eight months of service on 5-4-1984, which has to be reckoned as the closing date by virtue of the circular dated 21-3-1984 of the Director of Public Instruction.