IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 27TH MARCH 2008 / 7TH CHAITHRA 1930 WP(C).No. 9450 of 2008(Y) ------------------------- PETITIONER: ------------ SREEDHARAN MEKKILERI,RETD.HEADMASTER OF KCNM ALP SCHOOL, SNAKARAMPADY, KASARGOD DISTRICT RESIDING AT 'SREE NILAYAM' SANKARAMPADY P.O., KASARGOD DISTRICT, PIN 671 541. BY ADV. SRI.BABU JOSEPH KURUVATHAZHA SRI.C.P.SIVADASAN NAIR RESPONDENTS: ------------------- 1. STATE OF KERALA,REP. BY ITS SECRETARY TO GOVERNMENT, DEPT. OF GENERAL EDUCATION GOVT. SECRETARIAT, THIRUVANANTHAPURAM 2. THE DEPUTY DIRECTOR OF EDUCATION KASARGOD. 3. THE ASSISTANT EDUCATIONAL OFFICER KASARGOD 4. THE ACCOUTNANT GENERAL OF KERALA THIRUVANANTHAPURAM BY ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.9450 OF 2008 ---------------------------------------- Dated this the 27th day of March, 2008 JUDGMENT The petitioner was appointed as a LPSA on 1.6.1982. Within a short period of about 9 months i.e., on 14.3.1983, he was appointed as Teacher–in- charge of Headmaster. At that time, he was not qualified for being considered for the post of Headmaster. He was promoted as probationary Headmaster only on 12.7.93. However, the petitioner was paid salary at the Headmaster's scale while he was working as Teacher-in-charge. Later on, on the ground that the petitioner was not eligible for Headmaster's scale for the said period, the same was sought to be recovered from him by Ext.P8 order. The petitioner challenged the same before the Government and by Ext.P11 order, the Government confirmed the demand. The petitioner is challenging Exts.P8 and P11 orders in this writ petition. 2. The first contention raised by the petitioner is that before passing Ext.P8 order, the petitioner was not heard. The second contention is that since within the time stipulated by the W.P.(c)No.9450/08 2 Supreme Court he had passed the departmental test, he is entitled to Headmaster's scale as per Exts.P4 and P6 orders order as also Ext.P12 judgment. He would further submit that his case is similar to that of those persons in respect of whom similar benefit has been conferred in support of which he has produced several documents. 3. I have considered the rival contentions of the petitioner. As far as the first contention is considered I am of opinion that the Government had granted him an opportunity of being heard before passing Ext.P11 order and his contentions have been considered on merits there is no point in directing fresh consideration by the original authority after hearing the petitioner. 4. Now I shall consider the contentions of the petitioner on merits. Essentially, the petitioner relies on Exts.P4 and P6 Government orders on the subject for claiming the reliefs prayed for. In both Exts.P4 and P6 orders, the benefit has been conferred only on persons, who were promoted as Headmasters and not to persons, who were put in charge of the post of Headmasters. Further in Ext.P4 order, it W.P.(c)No.9450/08 3 is specifically stated that the benefit would be available only to primary school headmasters those teachers, who were appointed as aided primary school Headmasters till 15.9.1988. The petitioner was not promoted as primary school Headmaster before 15.9.1988. Till 12.7.1993, the petitioner was working only as Teacher-in-charge for which Exts.P4 and P6 orders are not applicable. Therefore, I am satisfied that Exts.P4 and P6 orders are not applicable to the petitioner at all in so far as he was only holding the charge of Headmaster as a teacher in charge and was not actually promoted as Headmaster. In the above circumstances, I do not find any merit in the writ petition and accordingly the same is dismissed. S. SIRI JAGAN, JUDGE Acd W.P.(c)No.9450/08 4