IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 26TH MARCH 2010 / 5TH CHAITHRA 1932 WP(C).No. 10424 of 2010(C) -------------------------- PETITIONER(S): ----------------------- AISHA.C.M, ARABIC TEACHER, L.P.S, ONACHANMMAVU P.O, MATHILAKAM,THRISSUR DISTRICT. BY ADV. SMT.P.V.ASHA RESPONDENT(S): ------------------------ 1. STATE OF KERALA,REPRESENTED BY ITS SECRETARY TO GOVERNMENT,GENERAL EDUCATION DEPARTMENT,SECRETARIAT,THIRUVANANTHAPURAM. 2. DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 3. DEPUTY DIRECTOR OF EDUCATION,THRISSUR. 4. ASSISTANT EDUCATIONAL OFFICER, KODUNGALLUR. GOVERNMENT PLEADER MR.T.T.MAHAMMOOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JVT S. SIRI JAGAN, J ---------------------- W.P.(C.) No.10424 of 2010 --------------------------------- Dated this the 26th day of March 2010 J U D G M E N T After putting in broken periods of service, the petitioner entered regular service in an aided school. But between the last provisional service and the regular appointment, there was a break of more than 5 years. The petitioner's grievance in this writ petition is that although the break exceeds 5 years the petitioner is entitled to reckon the provisional service also for the purpose of time bound higher grade, for which the Assistant Educational Officer has to forward a proposal for higher grade to the Director of Public Instruction for appropriate orders as provided in Ext.P5 Government Order dated 30.9.1974. The petitioner submits that despite the Headmistress forwarding the proposal for grant of higher grade to the petitioner, the 4th respondent has not forwarded it to the Director of Public Instruction as required in Ext.P5 Government Order. Instead the W.P.(C) No.10424 of 2010 -2- 4th respondent has returned the same by endorsement in Ext.P4 to the effect that since the break in service is beyond 5 years the same cannot be counted for time bound higher grade. The petitioner therefore seeks a direction to the 4th respondent to forward Ext.P4 to the Director of Public Instruction for appropriate orders as contemplated in Ext.P5 Government Order. 2. I have heard the learned Government Pleader also. 3. Going by Ext.P5 Government Order, in case of break exceeding 5 years the Director of Public Instruction can take a decision regarding counting of the service before the break for sanctioning higher grade without any consideration of condoning the break or without referring to the Government Order. That being so, the AEO was bound to forward the proposal for higher grade counting broken periods of service with a break exceeding 5 years to the Director of Public Instruction for orders as contemplated in Ext.P5 Government Order. Therefore, I am satisfied that the AEO could not have returned Ext.P5 accordingly the writ petition is disposed of with following directions :- W.P.(C) No.10424 of 2010 -3- 4. The Headmistress of the school shall retransmit Ext.P4 to the AEO immediately. On receipt of the same, the 4th respondent AEO shall forward the same to the 2nd respondent for appropriate orders as contemplated in Ext.P5. The 2nd respondent shall pass orders on Ext.P4 within one month from the date of receipt of Ext.P4 from the 4th respondent. The 4th respondent shall forward the proposal to the 2nd respondent within one week from the date of receipt of the same from the Headmistress. S. SIRI JAGAN, JUDGE Jvt