IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 12TH FEBRUARY 2008 / 23RD MAGHA 1929 OP.No. 225 of 2003(B) --------------------- PETITIONER: ------------ K.K.SUBRAMANIAN, P.D.TEACHER(RETD) VALIYAVEETTIL PADINJARETHIL HOUSE, NARANGANAM P.O. (VIA) KOZHENCHERRY,PATHANAMTHITTA DISTRICT. BY ADV. SRI.MVS.NAMBOOTHIRY RESPONDENTS: ------------- 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, TRIVANDRUM. BY GOVERNMENT PLEADER SRI.T.T. MAHMOOD THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 12/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP.No. 225 of 2003 ORDER ON C.M.P.NO.245 OF 2003 IN O.P.NO.225 OF 2003 DISMISSED. 12.2.2008 SD/- S. SIRI JAGAN, JUDGE. APPENDIX EXT.P1: COPY OF THE ORDER G.O.RT/448/66 EDN. DT. 1.6.1966 EDUCATION (H) DEPARTMENT, GOVERNMENT OF KERALA. EXT.P2: COPY OF THE PETITION DT. 6-9-1995 SUBMITTED BY THE PETITIONER BEFORE THE SECRETARY, EDUCATION DEPARTMENT. EXT.P3: COPY OF THE JDUGMENT DT 23.11.99 IN O.P.29095 OF 1999. EXT.P4: COPY OF THE ORDER NO.16692/LI/2000 G.ED. DT. 3-1-2001. EXT.P5: COPY OF THE LAWYER NOTICE SENT BY THE PETITIONER. TRUE COPY PA TO JUDGE. S. SIRI JAGAN, J. ------------------------------------ O.P.No.225 OF 2003 ---------------------------------------- Dated this the 12th day of February, 2008 JUDGMENT The petitioner was appointed as a teacher in the Kumali Harijan Welfare School in 1961 through advice by the Kerala Public Service Commission. He possessed qualification of SSLC only. At that time for appointment of teachers in Harijan Welfare Schools, TTC was not a compulsory qualification. Later on the School was taken over by the Education Department. Since in the Education Department TTC was a necessary qualification for appointment as teacher, the petitioner was deputed for training to acquire TTC qualification. Although the petitioner underwent the training, he could not pass TTC. Later on he retired from service on 30.4.1987. During the period of training, the petitioner was not paid pay and allowances. He was also not paid increments till he completed 15 years of service. In the above circumstances by Ext.P2 representation dated 6.9.1995 the petitioner requested the Government to sanction full pay and allowances for the period of training as also O.P.No.225/03 2 increments due to him. This Court by Ext.P3 judgment directed the Government to consider Ext.P2 representation. By Ext.P4 order the Government upheld his claim for full pay and allowances during the training period for 1965-1967. However, the petitioner's claim for increments till he attained 15 years of service was not considered. The petitioner therefore seeks the following reliefs: “a) to issue a writ in the nature of mandamus or any other appropriate writ, order or direction directing the respondents to sanction and disburse increments for the period from 1962 to 1978. b) To award the cost of the petitioner.” 2. The petitioner’s contention is that at the time of appointment in the School, he had the necessary qualifications prescribed for the post to which he was selected by the Public Service Commission and therefore he is entitled to get increments also notwithstanding the later take over of the School by the Education Department. According to him, there was no order or rule which required that teachers, who were appointed in the Harijan Welfare Schools should have passed TTC as a condition for drawing increment. He also relies on Ext.P1 Government letter, whereby the Government clarified O.P.No.225/03 3 that PSC recruits appointed in Harijan Welfare Schools before the transfer of control of those Schools to Education Department for whom TTC was not obligatory at the time of appointment are eligible for increments. 3. On the strength of the counter affidavit submitted by the 1st respondent, the Government pleader disputes the claim of the petitioner. According to the learned Government pleader, after absorption in Education Department, the petitioner ought to have acquired the qualification of TTC, without which he is not entitled to draw increment. He relies on Ext.P1 order in support of his contention. 4. I have considered the rival contentions in detail. Admittedly for appointment to the post to which the petitioner was selected by the PSC, TTC qualification was not one of the prescribed qualifications. The petitioner had the prescribed qualifications for appointment as teacher in Harijan Schools and so he was selected by the PSC. The rules of absorption into Education Department are also not placed before me. Ext.P1 does not specifically stipulate that on take over of the Harijan Welfare School by the Education Department the O.P.No.225/03 4 teachers of those schools are to acquire TTC qualification, failing which they would not be entitled to increment. All what Ext.P1 says is that the Harijan Welfare Schools having been transferred to the control of Education Department from 1965- 66, SSCL and TTC have become obligatory from 1965-66 for appointment in those Schools as in the case of teachers in the Education Department. Further there is no explanation forthcoming as to why Ext.P1 clarification issued by the Government, should not be applied in the case of the petitioner. That being so, I am satisfied that the petitioner could not have been validly denied increment for the period before completing 15 years of service also. 5. However, I note that after retirement on 30.4.1987, the petitioner raised the claim for increment for the first time only on 6.9.1995. Although in Ext.P4 order the Government has not rejected his claim on the ground of delay, I feel that, that is sufficient ground for denying arrears to the petitioner. Accordingly the original petition is disposed of as follows: The petitioner’s pay while in service shall be refixed by granting him increments for his entire service up to the date of O.P.No.225/03 5 his retirement. However, the petitioner shall not be entitled to arrears of pay on that count. The petitioner’s retirement benefits shall be refixed on the basis of the refixed pay taking into account the increments also. Orders in this regard shall be passed and arrears of retirement benefits shall be disbursed to the petitioner within two months from the date of receipt of a copy of this judgment. S. SIRI JAGAN, JUDGE Acd O.P.No.225/03 6