IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 16TH FEBRUARY 2011 / 27TH MAGHA 1932 WP(C).No. 23932 of 2010(N) --------------------------------------- PETITIONER: ------------------- GOPALAKRISHNAN P.P. (RETIRED PRINCIPAL) MSP HIGHER SECONDARY SCHOOL, MALAPPURAM) RESIDING AT SALEENA, RAMANATTUKARA P.O, KOZHIKKODU DISTRICT, PIN- 673 633. BY ADV. SRI.V.VARGHESE. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDINGS, SANTHINAGAR, THIRUVANANTHAPURAM PIN- 695 001. 3. THE REGIONAL DEPUTY DIRECTOR, HIGHER SECONDARY EDUCATION,KOZHIKKODU- 673 001. R1 TO R3 BY GOVERNMENT PLEADER SMT. N. SUDHA DEVI. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.23932/2010-N: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ORDER NO. G1(B)11515/02M DTD. 23/06/2003 OF THE MANAGER OF THE SCHOOL. EXT.P.2: COPY OF THE G.O.(MS).NO.338/2003/G. EDN. DTD. 16/12/2003. EXT.P.3: COPY OF THE APPLICATION DTD. 09/06/2008 SUBMITTED BY THE PETITIONER BEFORE THE R.3. EXT.P.4: COPY OF THE ORDER NO.A1/3435/09/L DIS. DTD. 15/07/2009 OF THE R.3. EXT.P.5: COPY OF THE REPRESENTATION DTD. 27/07/2009 SUBMITTED BY THE PETITIONER BEFORE THE R.3. EXT.P.6: COPY OF THE G.O.(MS).NO.75/07/G. EDN. DTD. 02/04/2007. EXT.P.7: COPY OF THE LETTER NO. A1/6792/09 DTD. 07/11/2009 OF THE R.3. EXT.P.8: COPY OF THE LETTER NO. ACD.A5/3591/2010/HSE DTD. 13/07/2010 THE INFORMATION OFFICER IN THE OFFICE OF THE R.2. EXT.P.9: COPY OF THE G.O.(MS).NO.11/06/G. EDN. DT.D 06/01/2006. EXT.P.10: COPY OF THE G.O.(MS).NO.171/2003/G. EDN. DTD. 23/06/2003. EXT.P.11: COPY OF THE G.O.(MS).NO.338/2003/G. EDN. DTD. 16/12/2003. EXT.P.12: COPY OF THE GOVERNMENT CIRCULAR NO.61/2004/FIN. DTD. 03/12/2004. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 23932 of 2010 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of February, 2011 J U D G M E N T The petitioner retired from service on superannuation on 29.02.2008 as Principal, MSP Higher Secondary School, Malappuram. According to the petitioner, as Principal, he was expected to work during vacations also and therefore he is entitled to earned leave for the period during which he worked during vacations in accordance with Rule 81 read with Rule 78 of Part I KSR. But earned leave during vacations was not sanctioned to him on the ground that Principals of Higher Secondary Schools were declared as non-vacation staff only by Ext.P6 Government order dated 02.04.2007, meaning thereby that the petitioner is disentitled to earned leave during vacations for the period prior to 02.04.2007. According to the petitioner, this runs counter to the express provisions of Rules 78 & 81 of Part I KSR. W.P.(C)No. 23932 of 2010 -2- 2. A counter affidavit has been filed by the 1st respondent supporting the impugned order. The counsel for the petitioner has now produced Circular No.61/2004/Fin. dated 03.12.2004. The learned Government Pleader points out that, that circular does not support the petitioner insofar as that is in respect of teachers who are on duty during vacation in connection with examinations. 3. I have considered the rival contentions in detail. Rule 78 and Rule 81 of Part I KSR read as follows: “Rule 78:- The earned leave admissible to an officer in permanent employ is one -eleventh of the period spent on duty, provided that he will cease to earn such leave when the earned leave due amounts 300 days. Rule 81: The earned leave admissible to an officer in permanent employ serving in a vacation department, in respect of any year in which he is prevented from availing himself of the full vacation, is such proportion of 30 days as the number of days of vacation not taken bears to the full vacation. If in any year the officer does not avail himself of the vacation, earned leave will be admissible to him in respect of that year in accordance with the provisions of Rules 78 and 79 above.” Ext.P2 reads thus: “In supercession of all the orders in the matter of placement of Principals in Higher Secondary Schools in the State, W.P.(C)No. 23932 of 2010 -3- Government order as follows: i) Eligible Higher Secondary School Teachers/Headmaster of High Schools with qualifications and experience in teaching as prescribed in the Special Rules will be the Principal of Higher Secondary Schools in the ratio of 2 : 1. ii) The Principal will be the administrative and academic Head of the Higher Secondary Schools. iii) Headmaster will continue as the Headmaster of the High School. He will render all assistance and co-operation to the Principal for the smooth conduct of the School administration. iv) The Higher Secondary School Teachers concerned on placement as Principal will continue to perform his duty as Higher Secondary School Teacher in the concerned subject but with a reduction of four periods per week. Excess periods consequent to such reduction in the periods of teaching will be distributed among the existing teachers in the Higher Secondary Section. 2. Orders regarding delegation of powers to Principal and Headmaster will be issued separately.” Ext.P2 would abundantly show that the Principals of Higher Secondary Schools are expected to work during vacations also for discharging their duties efficiently. In the above circumstances, I am satisfied that the Higher Secondary School Principals comes squarely within the purview of Rule 81 read with Rule 78 of Part I KSR. The fact that the Principals were declared as non-vacation staff only by W.P.(C)No. 23932 of 2010 -4- Ext.P6 Government order dated 02.04.2007, does not make them ineligible for earned leave for the period during prior vacations in which they actually worked. I am of opinion that Ext.P6 can at best be only declaratory in nature. If that be so, the petitioner is entitled to the benefit of earned leave for all vacations in which he acted as Principal of the School. Accordingly the writ petition is allowed and it is declared that the petitioner is entitled to earned leave for the period of vacations also and that he is entitled to surrender such earned leave to the maximum extent permissible on retirement. Orders in this regard shall be passed by the 2nd respondent and monetary benefits disbursed to the petitioner as expeditiously as possible at any rate within two months from the date of receipt of a certified copy of this judgment. Sd/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/