DISTRICT EDUCATIONAL OFFICER Vs. JOSEPH

JUDGEMENT

(1.) This appeal is by the District Educational Officer, Kasaragod, and the Accountant General, Trivandrum, against the judgment of the learned Single Judge rendered in O.P. No. 3422 of 1984. The first respondent Sri. K.T. Joseph was appointed in the year 1959 as a High School Assistant in the St. Joseph's High School, Paravoor. On 2-6-1980 he was transferred and appointed as Headmaster of the Mary Giri High School, Thertallai, under a different educational agency. This was done with the mutual consent of the two educational agencies and that of the first respondent with the approval of the education department. On the date of his transfer the first respondent was drawing a pay of Rs. 795/- in the senior grade of H. S. A., namely, Rs. 570-20-670-25-920-30-1070. On his being appointed as Headmaster of the Thertalli High School his pay was fixed at Rs. 830/- in the scale of pay of Headmasters namely, Rs. 700-25-800-30-890-35-1030-40-1270. The Accountant General who audited the accounts raised an objection about the fixation of pay of the first respondent at Rs. 830/-. According to him the pay should have been fixed in accordance with R.13A of Chap.14A of the Kerala Education Rules. If the pay of the first respondent was fixed in accordance with the said provision, he should have been fixed at Rs. 775/- in the scale of Headmasters viz., Rs. 700-1270 with an additional personal pay of Rs. 20/-, thus maintaining the pay of Rs. 795/- which the first respondent was drawing on the date of his transfer and appointment as Headmaster. Obviously the first respondent having received a much higher amount than he was entitled to, according to the Accountant General he was required to refund the excess amount received by him. It is in this background that the first respondent approached this Court with O. P. No. 3422 of 1984.

(2.) The learned single Judge has allowed the writ petition by his judgment dated 1-4-1987 and directed the appellants to fix the salary of the first respondent as per R.28A and 37 of Part 1 of the Kerala Service Rules, in supersession of R.13A of Chap.14A of the Kerala Education Rules. It is the said judgment that is challenged in this appeal.

(3.) The learned single Judge has accepted the case put forward by the first respondent that his pay should have been fixed in accordance with R.28A of Part I of the K. S. R. and not in accordance with R.13A of Chap.14A of the K. E. R. The learned single Judge has pointed out that R.28A of Part I of the K. S. R. becomes applicable by virtue of R.43A of Chap.14A of the K. E. R. which provides: