IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.VINOD CHANDRAN FRIDAY, THE 18TH NOVEMBER 2011 / 27TH KARTHIKA 1933 WA.No. 857 of 2011() -------------------- AGAINST THE JUDGEMENT IN WPC.23932/2010 Dated 16/02/2011 . ................... APPELLANTS/ RESPONDENTS IN WPC -------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 2. THE DIRECTOR OF HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDINGS, SANTHI NAGAR, THIRUVANANTHAPURAM - 695 001. 3. THE REGIONAL DEPUTY DIRECTOR OF EDUCATION, HIGHER SECONDARY EDUCATION, KOZHIKKODU - 673 001. BY GOVERNMENT PLEADER SMT. C.K. SHERIN RESPONDENT/PETITIONERS IN THE WPC ------------------------------------- GOPALAKRISHNAN P.P., (RETIRED PRINCIPAL) MSP HIGHER SECONDARY SCHOOL, MALAPPURAM, RESIDING AT SALEENA, RAMANATTUKARA P.O., KOZHIKODE DISTRICT - 673 633. ADV. SMT.P.V.ASHA FOR R1 SMT.VINEETHA B. FOR R1 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 18/11/2011, ALONG WITH WPC NO. 33546 OF 2010 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: jma C.N. RAMACHANDRAN NAIR, & K. VINOD CHANDRAN, JJ ---------------------------------------------------- W.A No. 857 of 2011 ---------------------------------------------------- Dated this the 18th day of November, 2011 J U D G M E N T K. Vinod Chandran , J Appeal is filed by the State, challenging the order of the learned Single Judge granting the relief sought for by the petitioner and directing the disbursal of monetory benefits of the respondent who acted as Principal of the School with respect to Earned Leave entitled to the respondent in lieu of vacations. The appeal is filed by the State relying on Ext.P6 order dated 2.4.2007. Ext.P6 order reaffirms the position that Principals at Higher Secondary Schools are to be present during vacation and accepts the recommendations of Director of Higher Secondary Schools that such Principals of Higher Secondary Schools are to be treated as non-vacation staff for getting benefits like earned leave for the vacation periods. The contention of the State is that the said order having been passed only on 2.4.2007, Principals of Higher Secondary Schools are entitled to Earned Leave in lieu of W.A No.857/2011 : 2 : vacations only prospectively after the order has been passed. 2. The respondent was appointed as Principal on 23.6.2003 and continued as such till his superannuation on 31.3.2008. The appellant-State would contend that the respondent was appointed in a placement vacancy and not regularly appointed. However, we do not find any pleadings to that effect nor is the same relevant to consider the question of entitlement of the Principals of Higher Secondary Schools for Earned Leave in lieu of vacations. The learned Single Judge has rightly found that Rule 78 and Rule 81 of Part I of the Kerala Service Rules(for short 'KSR' only) and Ext.P2 would abundantly show that the Principals of Higher Secondary Schools are expected to do work and also discharge their duties during vacations. The respondent who was a Higher Secondary School Principal as found by the learned Single Judge squarely comes within the purview of Rule 81 read with 78 of Part I KSR. The contention that Ext.P6 Government Order is not retrospective is absolutely irrelevant since the same treats the Principals of Higher Secondary Schools under the Kerala Higher Secondary Education W.A No.857/2011 : 3 : Department as non-vacation staff. The first sentence of Ext.P6 “The Principals of Higher Secondary Schools are to be present at school on vacation days” is a mere affirmation and reiteration of the established position. 3. The learned Government Pleader would also submit that the respondent was placed as a Principal with special charge allowance for holding the charge of Principal. This does not in any manner, advance the case of the State, since, the charge allowance is not confined to the vacations and the Principal is entitled to the same through out the year. In the circumstances, we do not find any merit in the appeal and the same is dismissed. C.N. RAMACHANDRAN NAIR (Judge) K. VINOD CHANDRAN (Judge) jma